§ 70-1. Authority; applicability; purpose and intent.

(a)

Authority. This article is adopted pursuant to Article VIII, section 1(g), Florida Constitution, F.S. chs. 125 and 163, as amended, and the county Home Rule Charter (Laws of Fla. Ch. 70-966, as amended).

(b)

Applicability. This article shall apply throughout the county, both within incorporated municipalities and the unincorporated area for all developments that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations. Proportionate share does not apply to developments of regional impact (DRIs) using proportionate share under F.S. §163.3180(12) or to developments exempted from concurrency as exceptions and de minimis impacts. The options below are identified for the possible mitigation of thoroughfare system and county local road(s) level of service impacts; however the final mitigation required for any development will be subject to approval by the LDM, development review committee and/or county council, as applicable to the initial or final certificate of capacity development order being reviewed. Procedures to further establish how each of the mitigation options below will be demonstrated shall be included in the TIA guidelines adopted by resolution of the county council.

(c)

Purpose and intent.

(1)

The purpose of this article is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the reasonably anticipated costs of new roads and road system expansion created by the new development activity in order to maintain the level of service adopted under the county comprehensive plan.

(2)

This article is intended to implement and be consistent with the county comprehensive plan. For the purpose of administration and enforcement of this chapter, the term transportation facility shall mean the county road network as maintained by the county road and bridge division of the public works department, or as specified in the county capital improvement element of the county comprehensive plan.

(Ord. No. 2006-26, § II, 11-16-06)