the new growth management statute transportation proportionate fair share

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The New Growth Management Statute

TransportationProportionate Fair Share

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• Clarified the ties between concurrency and Capital Improvements

What Has Changed In The Growth Management Laws?

Concurrency

Capital Improvement ProgrammingFinancial Feasibility

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Context• Ramification: Meaningful Capital

Improvement

• Program closely coordinated with local Concurrency Management System

If you plan for it, you must demonstrate you can pay for it.

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The Strategic Intermodal System (SIS)

• Mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation.

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The Foundation of the New Growth Management Law (Chapter 163)

• The Comprehensive Plan’s Capital Improvement Elements (CIEs) must be financially feasible

– It must achieve and maintain the adopted Level of Service

– Either you have the capacity… or you can have it in 3 years

• Previously concurrency was managed at the Certificate of Occupancy (CO) Phase

• Now it is earlier, at the Development Order (DO) Phase

• DCA reviews for compliance

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What is Development Order (DO) and Certificate of Occupancy (CO) ?

Development Order – Permission to begin development

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What is Development Order (DO) and Certificate of Occupancy (CO) ?• Certificate of

Occupancy– Permission to use the

building, parking lot, start your business

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Why Doing This At Development Order Time Is More Effective?

• Development Order– Capacity available or

planned

• Certificate of Occupancy– Building ready to open– Financial commitments

made

Proactive/Real Time

Reactive

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What does it mean to you in local government?

• The New Growth Management Law (Chapter 163) changes and strengthens Growth Management

• Concurrency flexibility provided over time– De minimis

– Exceptions (TCEAs, TCMAs & MMTDs)

– “Backlogged” roads were part of the 1985 “legacy”

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Objectives of “New” Concurrency

• Create “hard” concurrency system to Manage but Not Stop growth

• Provides options for developments to move forward

• Create public/private partnerships to produce infrastructure

• Mechanism: Provide proportionate fair share mitigation option

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Objectives of “New” Concurrency• Required local

governments to adopt mechanism for Proportionate Fair Share by December 1, 2006

http://www.dot.state.fl.us/planning/gm/pfso/default.htm

Proportionate Fair Share

Website

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Best Practices

http://www.dot.state.fl.us/planning/gm/pfso/default.htm

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Model Ordinance

http://www.dot.state.fl.us/planning/gm/pfso/default.htm

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When Do You Use Proportionate Share?

• Developer has applied for Development Order (DO) and failed concurrency

• Does not apply to DRIs

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Options For Developer (From The Model Ordinance)

• Chapter 163 provides options for developer to proceed (Sec. E, General Requirements)– Developer has the Right to use Prop Fair Share on any

project in 5-year CIE and long term Concurrency Management System (CMS)

– Developer MAY negotiate project with local government

• Project financially feasible

• Project placed in next CIE update

• Local Governments can say “not at this time”

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Options For Developer

• How does the Proportionate Fair-Share payment interact with existing impact fees?– No double dipping

– Credit should be given to impact fees used for the same project

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Options for Proportionate Fair-Share(From the Model Ordinance)• Section E (1) (b)

The 5-year schedule of capital improvement in the local government CIE or long term schedule of capital improvements for a Long Term Concurrency Management System (LTCMS) , includes a transportation improvement that, upon completion, will satisfy the requirements of the local government’s transportation CMS.

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Options for Proportionate Fair-Share(From the Model Ordinance)

• Options to satisfy the requirements of the transportation CMS (Section E. (1) (b))

• Language provides for viable options by local government– New reliever corridors

– Transit

– Comprehensive capital operational improvements

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Options for transportation CMSReliever Corridors• Blairstone Rd. Extension - Tallahassee

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Options to meet concurrencyReliever Corridors• How can local governments use these

reliever projects in their system?

–It should be in Comprehensive Plan as a reliever

–Should be agreed to by FDOT

–Should be documented on how it will relieve traffic on other overloaded facilities