§ 75-104. Applicability.

(a)

This chapter shall apply to the unincorporated area of Collier County, Florida, and to all incorporated areas of the county to the greatest extent authorized by the Florida Constitution or in any intergovernmental or interlocal agreements.

(b)

The proportionate fair-share program shall only apply to the extent as mandated by F.S. § 163.3180(16), which provides in part as follows: "In its transportation concurrency management system, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair-share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the five-year schedule of capital improvements in the capital improvements element of the local plan or the long-term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the five-year schedule of capital improvements in the next regularly scheduled update of the capital improvements element." The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to developments otherwise exempted from concurrency.

(c)

The proportionate fair-share program is intended to apply to and include existing roadway link deficiencies. If an intersection deficiency is identified in the concurrency denial determination and the improvements required to remedy that insufficiency can be incorporated into a link improvement for which a proportionate fair-share is being calculated under section 75-203, then such costs may be included in the proportionate fair-share calculation. The county may consider and approve major intersection improvements such as grade separations, interchanges, intelligent traffic management systems, and through movement capacity improvements as eligible for the proportionate fair-share program.

(d)

Notwithstanding the above requirements, upon the presentation of evidence by the county manager or designee, and finding by the board, that the proposed project, if approved, would compromise public health, safety or welfare by allowing operational deficiencies to exist prior to the construction phase of fully funded improvements identified in the five-year CIE, the proportionate fair-share eligibility may be denied unless the applicant cures the operational deficiencies prior to commencing development.

(Ord. No. 06-51, § 1)