Model Ordinance for Proportionate Fair-Share Mitigation of Development Impacts On Transportation Corridors

The 2005 amendments to Florida's growth management legislation directed local governments to enact concurrency management ordinances by December 1, 2006 that allow for "proportionate share" contributions from developers toward concurrency requirements [see 163.3180(16) F.S. in Appendix A]. Florida Department of Transportation (FDOT) was directed to develop a model ordinance for proportionate fair-share contributions for use by local governments no later than December 1, 2005. The intent of the proportionate fair-share option is to provide applicants for development an opportunity to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair share of the cost of improving the impacted transportation facility. This Model Proportionate Fair-Share Ordinance is the result of a collaborative effort between the FDOT, the Center for Urban Transportation Research (CUTR), a Technical Advisory Committee comprised of transportation and development professionals with experience in concurrency management, and a cross-section of Florida developers and their consultants. It provides a series of options that are intended as a framework for proportionate fair-share programs. The Model is a technical assistance product that local governments will need to adapt to their situation. Local governments should obtain professional planning and legal assistance when adapting this model regulatory language to fit local needs.