§ 75-202. Application process.

(a)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share program.

(b)

Prior to submitting an application for a proportionate fair-share agreement ("agreement"), a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, then FDOT will be notified and invited to participate in the pre-application meeting.

(c)

Eligible applicants shall submit an application to the county that includes the requisite application fee and the following:

(1)

Name, address and phone number of owner(s), developer and agent;

(2)

Property location, including parcel identification numbers;

(3)

Legal description and certified survey of property;

(4)

Project description, including type, intensity, density and amount of development;

(5)

Traffic impact study performed in accordance to the county's adopted TIS procedures;

(6)

Phasing schedule, if applicable;

(7)

Roadway safety audit of significantly impacted roadway segments and intersections as outlined in the Collier County TIS guidelines and procedures;

(8)

Approved abutters list and impacted stakeholders list;

(9)

List of all "vested developments" that impacts the segment that the proportionate share is being applied for;

(10)

Analysis showing that all "vested traffic" is included in the remaining roadway capacity calculation when the additional capacity is considered from the capital project being considered for proportionate share;

(11)

Description of requested proportionate fair-share mitigation method(s);

(12)

Copy of concurrency application; and

(13)

Such other information and data that the county deems necessary.

(d)

The county shall review the application and determine whether the application is sufficient and complete within 15 business days from submittal. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as set forth herein, then the applicant will be notified in writing of the reasons for such deficiencies within 20 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 60 business days of receipt of the written notification, then the application will be deemed abandoned. The county may, in its discretion, grant an extension of time not to exceed 60 business days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(e)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrence of FDOT. The applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement.

(f)

When an application is deemed complete and sufficient for analysis, the applicant shall be advised in writing of eligibility for the program. If eligible, a proposed proportionate fair-share agreement will be prepared by the county attorney, which agreement will be delivered to the appropriate parties for review, including a copy to FDOT for any proposed proportionate fair-share mitigation on a SIS facility.

(g)

Approval of a proportionate fair-share agreement shall require the completion of a public involvement and notification process that shall include notification of potentially impacted parties to participate in a public workshop which must be conducted in the same manner as a neighborhood information meeting. The public workshop will review the project impacts, the roadway safety audit, and identify improvements that may be needed to address any health, safety and welfare operational improvements that need to be completed prior to commencement of development. The applicant shall be responsible for all costs associated with the public involvement and notification process, including county professional staff time, legal advertisements, and rental of facilities.

(h)

Once finalized by the parties, the agreement will be brought before the Collier County Planning Commission for its review and recommendations. The agreement and recommendations of the planning commission will then be forwarded to the Board for final consideration during a regularly scheduled board meeting. No proportionate fair-share agreement will be effective until approved by the board.

(i)

Any documents, plans or other information provided to the county as part of an application or agreement for proportionate share, including, but not limited to, design plans, shall at no cost to the county become the property of the county, regardless of whether the application is approved or denied.

(Ord. No. 06-51, § 1)