1 / 20

The New Growth Management Statute Transportation Proportionate Fair Share

&. The New Growth Management Statute Transportation Proportionate Fair Share. What Has Changed In The Growth Management Laws?. Clarified the ties between concurrency and Capital Improvements. Concurrency. Capital Improvement Programming. Financial Feasibility. Context.

gyala
Download Presentation

The New Growth Management Statute Transportation Proportionate Fair Share

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. & The New Growth Management StatuteTransportationProportionate Fair Share

  2. What Has Changed In The Growth Management Laws? • Clarified the ties between concurrency and Capital Improvements Concurrency Capital Improvement Programming Financial Feasibility

  3. 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.

  4. 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.

  5. 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

  6. What is Development Order (DO) and Certificate of Occupancy (CO) ? Development Order – Permission to begin development

  7. What is Development Order (DO) and Certificate of Occupancy (CO) ? • Certificate of Occupancy • Permission to use the building, parking lot, start your business

  8. 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

  9. 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” We need to define all 3 terms (De minimis, TCEA, and backlogged

  10. 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

  11. Objectives of “New” Concurrency • Required local governments to adopt mechanism for Proportionate Fair Share by December 1, 2006 Proportionate Fair Share Website http://www.dot.state.fl.us/planning/gm/pfso/default.htm

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

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

  14. When Do You Use Proportionate Share? • Developer has applied for Development Order (DO) and failed concurrency • Does not apply to DRIs

  15. 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”

  16. 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

  17. 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 atransportation improvement that, upon completion, will satisfy the requirements of the local government’s transportation CMS.

  18. 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

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

  20. 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

More Related