Sec. 75-102. - Purpose and authority.
Sec. 75-103. - General definitions and abbreviations.
This chapter shall be known and may be cited as the "Collier County Proportionate Fair-Share Program."
(Ord. No. 06-51, § 1)
Sec. 75-102. - Purpose and authority.
The board is adopting this chapter in order to implement the legislative mandate of F.S. § 163.3180(16), which was intended by the legislature to "provide a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors."
(Ord. No. 06-51, § 1)
Sec. 75-103. - General definitions and abbreviations.
When used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise.
Board shall mean the Board of County Commissioners of Collier County, Florida.
CIE refers to the Capital Improvement Element of the Comprehensive Plan.
CMS refers to the Collier County Transportation Concurrency Management System.
Comprehensive Plan shall mean the Comprehensive Plan of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Act as contained in F.S. ch. 163, pt. II, or its successor in function.
County shall mean Collier County, a political subdivision of the State of Florida.
Developer shall have the same meaning as defined in F.S. § 163.3164 (2005).
Development shall have the same meaning as F.S. § 380.04, (2005).
FDOT means the Florida Department of Transportation.
SIS means the Florida Strategic Intermodal System as described in F.S. § 339.61, (2005).
TIS means Transportation Impact Statement.
(Ord. No. 06-51, § 1)
(a)
This chapter shall apply to the unincorporated area of Collier County, Florida, and to all incorporated areas of the county to the greatest extent authorized by the Florida Constitution or in any intergovernmental or interlocal agreements.
(b)
The proportionate fair-share program shall only apply to the extent as mandated by F.S. § 163.3180(16), which provides in part as follows: "In its transportation concurrency management system, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair-share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the five-year schedule of capital improvements in the capital improvements element of the local plan or the long-term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the five-year schedule of capital improvements in the next regularly scheduled update of the capital improvements element." The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to developments otherwise exempted from concurrency.
(c)
The proportionate fair-share program is intended to apply to and include existing roadway link deficiencies. If an intersection deficiency is identified in the concurrency denial determination and the improvements required to remedy that insufficiency can be incorporated into a link improvement for which a proportionate fair-share is being calculated under section 75-203, then such costs may be included in the proportionate fair-share calculation. The county may consider and approve major intersection improvements such as grade separations, interchanges, intelligent traffic management systems, and through movement capacity improvements as eligible for the proportionate fair-share program.
(d)
Notwithstanding the above requirements, upon the presentation of evidence by the county manager or designee, and finding by the board, that the proposed project, if approved, would compromise public health, safety or welfare by allowing operational deficiencies to exist prior to the construction phase of fully funded improvements identified in the five-year CIE, the proportionate fair-share eligibility may be denied unless the applicant cures the operational deficiencies prior to commencing development.
(Ord. No. 06-51, § 1)
The county, adopting the findings of the Model Ordinance for Proportionate Fair-Share Mitigation on Development Impacts On Transportation Corridors (Final Edition—February 14, 2006), finds as follows:
(1)
The county finds and determines that transportation capacity has a value to both the public and private sectors and that the county proportionate fair-share program:
a.
Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors;
b.
Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair-share of the cost of a transportation facility;
c.
Contributes to the provision of adequate public facilities for future growth and promotes a commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion;
d.
Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the county to expedite transportation improvements by supplementing the funds currently allocated for transportation improvements in the CIE; and
e.
Is consistent with F.S. § 163.3180(16), and supports the policies of the Collier County Growth Management Plan and Land Development Code.
(Ord. No. 06-51, § 1)