Sec. 655.507. - Mobility fee credit.

(a) Credit Authorization. A landowner or developer may earn and receive a monetary Mobility fee credit against a required Mobility fee within the same Mobility Zone(s), or an adjacent benefitted Mobility Zone. In order to receive Mobility fee credit, a landowner or developer must design or construct to City standards as they may be amended, or provide the real property needed, for one or more of the following: (1) An entire MSP; (2) A portion, either physical or financial [4] , of an MSP that is provided to logical termini, as determined by the Department in consultation with the City Traffic Engineer; or (3) A PMP that is within the same Mobility Zone as the development, or as otherwise set forth in this subpart (a)(3)(E) and (F), and meets the following applicable criteria for the applicable Mode, as determined by the Department, or the Council as advised by the Department, as the case may be, pursuant to this Section. See subsection (f) for approval of PMPs. (A) Corridor Mode PMP must: (i) Connect two existing collector, or higher functionally classified, roads; (ii) Be greater than or equal to one-half mile in length; and (iii) Perform as a functionally parallel road to at least one MSP. The PMP must be located within one-half mile of at least one MSP, and must improve the V/C ratio of the MSP(s). (B) Transit Mode PMP must: (i) Provide an additional needed transit facility as approved by the JTA; (ii) Provide the real property required for a needed transit facility as approved by the JTA and the Department; and (iii) Be designed and constructed to City and/or JTA standards, as they may be amended. (C) DIA PMP must specifically demonstrate consistency with the Community Redevelopment Area ("CRA") Plan, as may be amended, as determined by the DIA CEO or the DIA Board, as the case may be. (D) Intersection improvements (non-access related) PMP must: (i) Be an improvement to an existing deficient intersection other than that required for the proposed development, anywhere within the Zone, that is designed and constructed to provide safe and adequate access that may include, but is not limited to providing, rights-of-way, easements, paving of adjacent or connecting roadways, auxiliary turn lanes, deceleration and acceleration lanes, traffic control devices, signage and pavement markings, pedestrian signals, ADA improvements, or needed drainage and utilities; and (ii) Be approved by the agency governing that intersection, which may be subject to Intersection Control Evaluation ("ICE"). (E) Pedestrian Mode PMP may either: (i) Connect two existing sidewalks or multi-use paths; or (ii) Connect to and complement other available Pedestrian Mode facilities, including transit access, within or adjacent to the Mobility Zone; or (iii) Be on the list of Targeted Roadway Improvements for Pedestrian Safety ("TRIPS") or similar types of Improvements as determined by the Department. (F) Bicycle Mode PMP may either: (i) Connect two existing bicycle facilities as defined in the Land Development Procedures Manual or multi-use paths; or (ii) Connect to and complement other available Bicycle Mode facilities, including transit access, within or adjacent to the proposed development's Mobility Zone. (4) For sidewalks not identified as an MSP on the Non-motorized standalone pedestrian projects list but which were required by the City beyond the property frontage (off-site) pursuant to Section 2.2.2(5) of the Land Development Procedures Manual. (5) The conveyance of an interest in real property that is necessary for an MSP or a PMP. The conveyance does not have to be associated with a current development if it is for an MSP, however, it must be commensurate with the construction of a PMP. (6) Credit is not authorized for any mobility improvement, or real property associated with an improvement, that is: (A) Required for a development's minimum transportation and traffic operation or circulation, including for bike and pedestrian movement; or (B) An interest in real estate conveyed for a PMP without the corresponding PMP construction; or (C) Dedication of right-of-way, not associated with an MSP or PMP. (b) Calculation of Mobility Fee Credit. The credit authorized for an MSP or a PMP shall be calculated as a monetary figure using the most recent cost estimate information issued by the Florida Department of Transportation, Office of Policy Planning regarding generic construction Cost Per Mile Models. The cost estimates for facilities and/or projects not identified in such FDOT cost estimates shall be prepared by the developer. All estimates must be reviewed and approved by the Department of Public Works as being reflective of the fair market value of the improvement prior to the approval of any credit. Credit authorized shall be calculated as follows: (1) Credit shall be provided at 120 percent of cost for the design, permitting, and construction of an entire MSP as it is shown on the list in the CIE. (2) Credit for the design, permitting, and construction of less than an entire MSP may be provided at 100 percent if that project is provided to logical termini as determined by the Department in consultation with the City Traffic Engineer. (3) The credit authorized for conveying, at no cost to the City, an interest in real property for an MSP or a PMP as authorized in subsection (a) above, shall be equal to the value approved by the Department of Public Works, Division of Real Estate. For purposes of the appraisal assignment, the Department of Public Works shall be the client of the appraiser, but the cost of the appraisal shall be borne by the entity proposing to provide the real property. Depending on the assessed value of the land, the City may require more than one appraisal. "At no cost to the City" means that the conveyor will pay for all due diligence costs for the transaction. (4) If a landowner or developer constructs a PMP identified by the City Traffic Engineer as needed to improve safety within a Safety Concern Area in their Mobility Zone, then that safety improvement shall receive a credit at 120 percent of the cost of the improvement. (5) A Corridor Mode PMP shall receive credit subject to approval by the Department in consultation with the City Traffic Engineer of a traffic study, as supplied by the landowner or developer, which shows that the PMP will: (A) Perform as a functionally parallel road to at least one MSP; (B) Is located within one-half mile of at least one MSP; and (C) Improves the V/C ratio of the MSP(s). The credit allowed shall be equal to the percentage of the improvement of the V/C ratio of the MSP, up to a maximum of 50 percent as applied to the cost of the PMP. By example, if the MSP V/C ratio is 1.2 (120 percent of the daily service volume of the road) and the PMP improves the MSP by relieving ten percent of the volume such that the MSP is now only 110 percent of the daily service volume, then the credit to the PMP would be ten percent of the cost of the PMP. (6) A Transit Mode PMP shall receive credit for the cost of the Transit Mode PMP. (7) A DIA PMP shall receive credit for the cost of the DIA PMP. (8) An intersection improvement (non-access related) PMP shall receive 100 percent credit unless it is identified as needed to improve conditions in a Safety Concern Area. If it is in a Safety Concern Area, the PMP may receive up to 120 percent of the cost of the PMP as credit. (9) A Pedestrian or Bicycle Mode PMP shall receive 100 percent credit for the cost of the improvement. (10) As authorized in Section 655.507 (a)(4), sidewalks not identified as an MSP for bicycle and pedestrian mode(s), but that were required by the City beyond the property frontage (off-site) pursuant to Section 2.2.2(5) of the Land Development Procedures Manual, may receive Mobility fee credit on the basis of the actual cost to construct such off-site sidewalk. (c) Timing of Mobility Fee Credit. The costs shall be deemed incurred and credit shall be provided pursuant to this section when: (1) A contract for the construction of the MSP or PMP is awarded, and a payment and performance bond, or other form of security approved by the Office of General Counsel, is provided to the City, as co-obligee, to guarantee the funding of the facilities and/or projects. (2) The conveyance to the City, at no cost to the City, of the real property interest deemed by the City to be necessary for the construction of an MSP, or authorized PMP, has been completed. "At no cost to the City" means that the conveyor will pay for all due diligence costs for the transaction. (d) Transfer of Mobility Fee Credit. Credit for an MSP may be transferred to other landowners or developers to be used in lieu of payment of a Mobility fee to another project within the same Mobility Zone. Credit may be transferred to an adjoining Mobility zone if it can be shown that the improvement provided a benefit to that adjacent Mobility Zone, based on the proportional benefit. A landowner or developer who receives credit that has been transferred through the CMMSO from another project within the same Mobility Zone shall receive the full amount of the transferred credit. (e) Departmental review. (1) The design of MSPs and PMPs shall be approved, in writing, by both the Public Works Department and the Planning and Development Department. (2) After construction of the MSP or PMP, the City Engineer shall verify that the project is complete and to the standards and specifications of the City of Jacksonville. (3) For an interest in real estate proposed to be conveyed, at no cost to the City, for an authorized MSP or PMP, the City Engineer shall determine if the conveyance will meet the real estate needs for the applicable project. Within 14 days of request by the Department, the Real Estate Division shall provide a written memorandum, which shall become a part of the file as to its analysis recommending either approval or denial of the appraisal to the Planning and Development Department. (f) Approval of PMPs. (1) Within the City, outside of the DIA jurisdiction of downtown: approval for providing a PMP as approved by the Department in consultation with the City Engineer, shall be as follows: (A) Up to and including $500,000 in estimated cost may be administratively approved by the Director. (B) PMPs with an estimated cost over $500,000 must be approved by the City Council. (2) Within the DIA jurisdiction: approval for providing a PMP, as approved by the Department in consultation with the City Engineer, shall be as follows: (A) Up to and including $500,000 in estimated cost, the DIA CEO may make the CRA Plan consistency determination for the project, and the PMP may be administratively approved by the Director. (B) For PMPs with an estimated cost over $500,000, the DIA Board must make the CRA Plan consistency determination for the project, and the PMP must be approved by the City Council. (3) The ability to receive credit for conveyance of property and/or construction of improvements as anticipated as of April 1, 2022 in the Transportation Management Area, or Comprehensive Plan Policies relating to Multi-Use (MU) categories/properties, will continue to be recognized. (4) For PMPs requiring City Council approval, the Office of General Counsel shall prepare the legislation requesting approval and said legislation shall be introduced by the standing committee of the Council that handles transportation items, which shall be the Committee of Reference. (5) Decisions of the Director or the DIA shall be appealable to the City Council through the process as outlined in Section 655.114 , Ordinance Code (Appeals). (Ord. 2022-909-E , §§ 8, 9) Editor's note— Ord. 2022-909-E , §§ 8 and 9, amended the Code by repealing former § 655.507 and adding a new § 655.507. Former § 655.507 pertained to transportation improvement projects constructed by a landowner or developer, and derived from Ord. 2011-536-E, § 1; Ord. 2013-761-E, § 1; and Ord. 2019-292-E , § 1. Footnotes: --- ( 4 ) --- A "financial" portion of an MSP would occur when the landowner/developer works to assemble partners, such as FDOT, to contribute to the funding for the construction of the entire MSP. This allows the 120% incentive on the portion of the funding contributed by the landowner/developer. Credit is booked as stated in subsection (c) (Timing of Mobility Fee Credit).