§ 70-3. Calculation of proportionate share.

(a)

Pursuant to F.S. §163.3180(16)(c) for purposes of meeting its concurrency obligations, a development shall not be required to pay more than its proportionate share, nor shall the fair market value of the proportionate share mitigation for the impacted facilities differ regardless of the method of mitigation. This provision shall not be interpreted to apply to or limit in any way other non-concurrency county regulations or mitigation designed to make adequate provision for transportation-related facilities, including, but not limited to, regulations and mitigation related to transportation impact fees, transportation corridor management, access management, transit infrastructure and substandard roads.

(b)

The methodology used to calculate an applicant's proportionate share obligation shall be as provided for in F.S. §163.3180(12) as follows:

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.

OR

Proportionate share = |Ms [(Development trips;sub    \sub;)/(SV increase;sub    \sub;)] × Cost;sub    \sub;

Where:

Development trips;sub    \sub; = The accumulative trips from a development that will arrive on a road segment at the build-out of the stage or phase of development under review.

SV Increase;sub    \sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per section E;

Cost;sub    \sub; = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, environmental mitigation, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

(c)

If the county chooses to accept any form of proportionate share payment other than cash, such as an improvement project or right-of-way dedication proposed by the applicant, then the value of the improvement or right-of-way shall be determined consistent with the procedures of Article III, Thoroughfare Road Impact Fee.

(d)

Notwithstanding the foregoing, the county may adopt, by resolution, an alternate method of calculating proportionate share for projects that are de minimus for transportation analysis purposes, but not concurrency purposes pursuant to App. A, § 1404.01(4)(b).

(Ord. No. 2006-26, § II, 11-16-06)