§ 20-107. Application process.

(a)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of section 20-105.

(b)

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, then the FDOT will be notified and invited to participate in the pre-application meeting.

(c)

Eligible applicants shall submit an application to the county that includes an application fee as required by the county's current fee structure for permit application fees and the following:

(1)

Name, address and phone number of owner(s), developer and agent;

(2)

Property location, including parcel identification numbers;

(3)

Legal description and survey of property;

(4)

Project description, including type, intensity and amount of development;

(5)

Traffic impact study performed in accordance to the county's adopted land development code;

(6)

Phasing schedule, if applicable;

(7)

Description of requested proportionate fair-share mitigation method(s); and

(8)

Copy of concurrency application.

(d)

The county engineer shall review the application and certify that the application is sufficient and complete within ten (10) business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in section 20-105, then the applicant will be notified in writing of the reasons for such deficiencies within ten (10) business days of submittal of the application. If such deficiencies are not remedied by the applicant within twenty (20) days of receipt of the written notification, then the application will be deemed abandoned. The county engineer may, in its discretion, grant an extension of time to be determined by the county engineer to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(e)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(f)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the county or the applicant with direction from the county and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a state highway system facility, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient application and no fewer than fourteen (14) days prior to the BOCC meeting when the agreement will be considered. This binding agreement must include a financial commitment in the form of payment, bond, or other guarantee acceptable to the county.

(g)

The county shall notify the applicant regarding the date of the BOCC meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the BOCC.

(Ord. No. 2006-36, § 1, 10-24-06)