§ 70-2. Transportation analysis and concurrency.

(a)

In order for Volusia County to apply and collect proportionate share on a transportation facility, no development order shall be issued, whether in the incorporated or unincorporated area of the county, unless a transportation analysis is performed according to the TIA guidelines, adopted by county council resolution, showing that there is capacity on the transportation facility and on the local roads in the unincorporated area within five miles of the proposed development.

(b)

An applicant may choose to satisfy the transportation concurrency requirements on a transportation facility in the unincorporated area by making a proportionate share contribution, if the five-year schedule of capital improvements in the county comprehensive plan capital improvements element (CIE) includes fully funded construction of transportation improvements that, upon completion, will restore the adopted level of service.

(c)

Pursuant to F.S. § 163.3180(16)(e) proposed proportionate share mitigation for development impacts to facilities on the strategic intermodal system requires the concurrence of the Florida Department of Transportation (FDOT). The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate share agreement.

(d)

Pursuant to F.S. § 163.3180(16)(c) proportionate share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. The form of proportionate share 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.

(Ord. No. 2006-26, § II, 11-16-06)