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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What do all the numbers mean?

• Senate Bill 360 in 2005 (SB 360)
• Made changes to the way Growth Management is
  handled in Florida
• These turned into changes to Our Growth
  Management Laws
• Chapter 163 Florida Statute

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What Has Changed In The Growth Management Laws?
Concurrency

• Clarified the ties between concurrency and
  Capital Improvements

Capital Improvement Programming
Financial 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 Plans 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?
Proactive/Real Time

• Development Order
• Capacity available or planned
• Certificate of Occupancy
• Building ready to open
• Financial commitments made

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

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

Proportionate Fair Share Website
http//www.dot.state.fl.us/planning/gm/pfso/defaul
t.htm
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Best Practices
http//www.dot.state.fl.us/planning/gm/pfso/defaul
t.htm
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Model Ordinance
http//www.dot.state.fl.us/planning/gm/pfso/defaul
t.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
  governments 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

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Options for transportation CMSComprehensive
Capital Operational Improvements

• Hidden Slide

Arterial Management Systems
Transit Management Systems
Information Management Systems