Pursuant to Orange County Code Section 30-585 Applicants who have been issued capacity encumbrance denial letter from the Concurrency Management Office (CMO) due to transportation deficiencies has sixty (60) calendar days from the issuance of the CEL denial letter to submit an application (i) to be placed on the capacity waiting list where applicable, (ii) to pursue the concurrency denial/mitigation process outlined in Orange County Code Division 8 Section 30-620 through Section 30-623, and/or (iii) to pursue the proportionate share contribution.
CEL applicants(s) &/or owner(s) that elect option (iii) noted above will need to enter into a Proportionate Share Agreement (PSA) via the Roadway Agreement Committee (RAC) to remedy transportation capacity deficiencies. The RAC Submittal Handbook includes instructions with the required RAC Application and Disclosure Forms, Proportionate Share Agreement Boilerplate, a Template Instructional booklet, CMS Determination (includes the CMS#), and the Proportionate Share Cost Sheets (aka Exhibit C).
Please be advised that the Proportionate Share Agreement is required to be approved and executed by the County (BCC), recorded by the applicant in Orange County Public Records, the Proportionate Share Payment made, and a CEL Approval Letter issued by the Concurrency Management Office prior to the approval of any associated Final Plat and/or associated Building Permit. The RAC review process and BCC approval timing are lengthy, contact our office to begin the process as soon as a CEL denial letter is issued.