§ 70-4. Proportionate payment and acceptance.

(a)

Completion of the proportionate share obligation (e.g., cash payment, posting of improvement performance guarantees, dedication of right-of-way, etc.) shall be in accordance with the time periods and conditions of a county issued certificate of capacity and, in absence of any such time periods or conditions, shall be completed prior to the issuance by the county of the final certificate of capacity. Proportionate share payments, once made, constitute a commitment for transportation capacity for the duration set forth in these regulations, and are therefore non-refundable. If the payment is submitted more than nine months from the date of acceptance, then the proportionate share cost shall be recalculated to the time of payment.

(b)

Proportionate share revenues shall be placed in the appropriate project account for funding in the CIE of one or more of the improvements from which the proportionate share payment was derived. Proportionate share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of the development. The county may not collect proportionate share payments for a single improvement that exceed the actual cost of such improvement. However, the county may use proportionate share revenues to reallocate surplus non-proportionate share revenues previously committed to a proportionate share improvement.

(c)

Where, at the request of the county, an applicant constructs a transportation facility that exceeds the applicant's proportionate share obligation (and the excess is not the result of improperly estimated improvement costs), and the applicant is allowed to make a proportionate share, the county shall reimburse the applicant for the excess contribution using one or more of the following methods:

(1)

An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the county.

(2)

An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate share payments from future applicants on the facility.

(3)

The county may reimburse the applicant for the excess contribution through payment or some combination of means acceptable to the county and the applicant.

(d)

In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the county may enter an agreement with one or more adjacent local governments to address cross-jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross-jurisdictional transportation impacts of development.

(Ord. No. 2006-26, § II, 11-16-06)