06-1207 ULDR Amendment Concurrency Management Fair Share Mitigation

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(a) The City adopts, by resolution or ordinance, a commitment to add the improvement to the Five Year Capital Improvement Program no later than the next regular update. To qualify for consideration under this Section, the proposed improvement must be reviewed by City Staff and must be found to be financially feasible. This means that additional developer contributions or other funding sources are anticipated, during a period not to exceed 10 years, to fully mitigate the specified impact(s) on the identified transportation facility or facilities. (b) If, in the opinion of the Public Works Director, the funds in the adopted City Five Year Capital Improvement Program are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, then a proportionate fair-share payment may be required for another improvement which will, in the opinion of the Public Works Director, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the capital improvement program of the comprehensive plan at the next annual capital improvements element update. (3) Any improvement project proposed to meet the developer's fair-share obligation must meet generally accepted design standards for the State of Florida and the City of Casselberry. (D) Application Process (1) City Staff shall notify an applicant in writing of a failure to satisfy transportation concurrency requirements. Upon receipt of such notice, applicants may submit a proposed proportionate fair-share calculation to the Public Works Director or designee for review. (2) Pursuant to 9163.3180(16)(e), Florida Statutes, proposed proportionate fair-share mitigation for development impacts to facilities on the Strategic Inter-modal System requires the concurrence of the Florida Department of Transportation (FDOT). (3) When a proportionate fair-share calculation is deemed by the Public Works Director to be sufficient and eligible, a proportionate share agreement will be prepared between the City and the applicant. The stipulations of the agreement shall include but not be limited to the amount of payment, description of work, and timing of payment. The City Commission shall approve and execute a proportionate share agreement on behalf of the City. (E) Determining propottionate fair-share obligation (1) Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or COllectively, private funds, contributions of land, and constnuction and contribution of facilities. (2) A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. Ordinance 06.1207 Page 3 of 5