The information provided below is a general summary of the County's Transportation Concurrency Management System. The specific regulations, contained in the Broward County Land Development Code, have been adopted by ordinance of the County Commission and cannot be superseded by this presentation of information. Please consult with staff of the Planning and Environmental Regulation Division for details.
What is Concurrency?
Under State law, each local government in Florida must adopt a Comprehensive Plan and implement regulations which require that adequate basic services and facilities be provided at the same time as, or concurrent with, any new development. One of these required types of services is transportation facilities. The law basically states that a local government (municipality or county) cannot approve a new development unless it finds that there will be adequate transportation facilities to serve the traffic from that new development, at the time of occupancy.
What Governs Transportation Concurrency in Broward County?
The Broward County Land Development Code sets forth the system for complying with the State requirements for transportation concurrency, for developments seeking approvals by the County. Each municipality also has regulations governing development requests it may approve.
The County Commission has authority for plat approval countywide, and for approval of site plans and building permits in the unincorporated area. Broward County does not approve building permits and site plans within municipalities.
Who Needs to Meet the County's Transportation Concurrency Requirements?
- Anyone requesting plat approval from the County. Each municipality sets specific rules about platting, and determines when platting is required.
- Anyone requesting approval of an unincorporated site plan or building permit, if the corresponding plat was approved prior to March 20, 1979.
- Anyone requesting to change the restrictions on a plat so as to increase the traffic impact of the proposed development on the plat.
- Anyone requesting to place a restrictive note on a plat which was approved and recorded between June 4, 1953 and March 20, 1979.
How is Transportation Concurrency Measured by Broward County?
The capacity of each link of the regional roadway system is compared to the sum of:
The actual traffic on the road;
The projected traffic from approved, unbuilt developments; and
The projected traffic from the proposed development.
If this total traffic exceeds the road's capacity, the road is considered overcapacity and a "traffic impact area" is created.
What is a Traffic Impact Area?
It is a circular area around a proposed development having a radius from 1 mile to 3 miles, depending upon the proposed use. Commercial projects larger than 1 million square feet have a radius of 3 miles; Commercial between 200,000 and 1,000,000 square feet, and all office and industrial uses, as well as regional parks have a radius of 2 miles; all residential uses have a radius of 1.5 miles; and all other uses have a radius of 1 mile.
Development proposed within a traffic impact area cannot be approved unless one of the conditions listed below is satisfied.
What Options Are Available if a Proposed Development is Located Within a Traffic Impact Area?
Exception Areas. If the proposed development is located within an area designated on the Broward County Land Use Plan for urban infill, urban redevelopment or downtown revitalization, then the application satisfies transportation concurrency. Much of eastern Broward County, as well as portions of several municipalities, fall under this provision.
No Impact. If the proposed development does not place any trips on the overcapacity link(s), concurrency is satisfied.
One Dwelling Unit. If the proposed development is one single family dwelling or one duplex, concurrency is satisfied.
Funded Improvement. If improvements to the overcapacity roadway are under construction, under contract, or funded by a State or local government, they may be counted as part of the capacity of the roadway. Specific conditions apply to each governmental unit. Please consult with staff of the Planning and Environmental Regulation Division for details.
Developer Agreement. Concurrency may be satisfied if improvements to the overcapacity roadway are provided for in an enforceable development agreement, and will be available prior to certificates of occupancy. Please consult with staff of the Planning and Environmental Regulation Division for details.
DRI / FQD. If the proposed development is authorized by an approved Development Order for a Development of Regional Impact (DRI) or Florida Quality Development (FQD), and the Development Order was either issued prior to the adoption of the 1989 Comprehensive Plan or was issued after being reviewed for concurrency, then concurrency has been satisfied. This provision applies to very large developments that are reviewed under Florida Statutes.
Vested Rights. If the proposed development is found to have vested rights with regard to any affected road segments, concurrency would be satisfied with respect to those segments.
Action Plan. If there is an Action Plan approved by the County Commission to accommodate the traffic impacts of the development, then concurrency has been satisfied. An Action Plan is a program of transportation improvements, designed at a minimum to accommodate the net traffic impacts of the proposed development, to the extent that the regional road network lacks the available capacity to provide for the net impacts. An Action Plan is secured via a recorded agreement between the property owner(s), Broward County, and the appropriate municipality. The owner must agree to complete the improvements prior to obtaining a certificate of occupancy for the proposed development. Please consult with staff of the Planning and Environmental Regulation Division for details.
Which Property is Within A Traffic Impact Area?
A concurrency map which generally shows the exception areas and the overcapacity links is available from the Planning and Environmental Regulation Division.
For a small application fee, staff can provide an unofficial, informational assessment of the concurrency status of a proposal, as a guide to the property owner or prospective developer. The applicant must submit a TRIPS Application Form for the informational analysis and the applicable Application Fee.
The official determination is made via a computer model analysis shortly after an application is filed with the County for plat approval, site plan approval, plat note amendment, placement of a restrictive notation on a plat, or for a new Findings of Adequacy.