§ 50-303. Concurrency management program.

(a)

Sanitary sewer, solid waste, and potable water. Facilities or services necessary to meet the level of service standards adopted by the county for sanitary sewer, solid waste, and potable water shall be in place and available to serve new development at the time a development permit, or its functional equivalent, is issued, or:

(1)

The necessary facilities are under construction at the time the development permit is issued;

(2)

The necessary facilities or services are the subject of a binding, executed contract for the construction of the facilities or the provision of services at the time the development permit is issued; or

(3)

The necessary facilities or services are guaranteed in an enforceable development agreement at the time the development permit is issued. An enforceable agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380.

Notwithstanding the foregoing, in any event, sanitary sewer, solid waste, drainage and potable water facilities shall be in place and available to serve new development no later than issuance of a certificate of occupancy, or its functional equivalent, for such development.

(b)

Parks and recreation and open space. Facilities or services necessary to meet the level of service standards adopted by the county for parks and recreation and open space shall be in place and available to serve new development at the time a development permit, or its functional equivalent, is issued, or:

(1)

The necessary facilities are under construction at the time the development permit is issued;

(2)

The necessary facilities or services are the subject of a binding, executed contract for the construction of the facilities or the provision of services at the time the development permit is issued; or

(3)

The necessary facilities or services are guaranteed in an enforceable development agreement at the time the development permit is issued. An enforceable agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380.

Notwithstanding the foregoing, in any event, parks and recreation facilities and open space shall be in place and available to serve new development no later than one year after issuance of a certificate of occupancy, or its functional equivalent, for such development.

(c)

Transportation. Facilities or services necessary to meet the level of service standards adopted by the county for transportation shall be in place and available to serve new development at the time a development permit, or its functional equivalent, is issued, or:

(1)

The necessary facilities are under construction at the time the development permit is issued;

(2)

The necessary facilities or services are the subject of a binding, executed contract for the construction of the facilities or the provision of services at the time the development permit is issued; or

(3)

The necessary facilities or services are guaranteed in an enforceable development agreement at the time the development permit is issued. An enforceable agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380.

Notwithstanding any of the foregoing, in any event, transportation facilities shall be in place and available to serve new development no later than three years after issuance of a certificate of occupancy, or its functional equivalent, for such development. In the event such transportation facilities will not be in place and available to serve a particular development necessary to meet the level of service standards for transportation as required herein, an applicant for development may apply for proportionate fair-share mitigation in accordance with the provisions of section 50-305.

(d)

Operation of concurrency management program applying level of service standards.

(1)

All proposed development will be required to meet the concurrency requirements and meet level of service standards for the public facilities contained herein, except as otherwise exempted from concurrency requirements pursuant to F.S. § 163.3180. With each application for development, a development permit, or development order, the applicant shall document how the level of service standards and concurrency requirements for the proposed development will be met. Such documentation shall be in a form prepared by the zoning administrator, or if no such form is available, in a form sufficient to show available capacity for each of the public facilities for the proposed development, the capacity of the public facilities that will be needed to serve the proposed development, the resulting remaining capacity of each of the public services after development, and any other information required by the board or the zoning administrator. In addition, any proposed development which would utilize more than five percent of the surplus capacity of any road will be required to negotiate a development agreement pursuant to subsection (c) of this section, at the discretion of the board. The five percent figure is the threshold amount which, when equaled or exceeded, is defined as having a significant impact.

(2)

No development will be approved and no development permit or development order of any kind will be issued for any proposed development which reduces a level of service for any of the public facilities below the adopted level for that public facility, or which fails to provide the requisite level of service. The zoning administrator shall determine, at the initial stage of the review process for any application for development, development permit, or development order, and at any stage throughout such review process, whether or not any level of service for any of the public facilities will be met or exceeded and whether or not the concurrency requirements as set forth herein have been met. If the zoning administrator determines at any time during the review process of an application for development, development permit, or development order, that the proposed development will cause a level of service to be exceeded or concurrency requirements to fail to be met, the zoning administrator shall notify the applicant in writing of such determination.

(3)

All development approvals, development orders and development permits issued prior to the actual authorization for the commencement of construction or physical activity on the land hereby are and will be conditioned to provide that issuance of building permits and certificates of occupancy or their functional equivalent will be contingent upon the availability of public facilities and services necessary to meet adopted levels of service and serve the proposed development within the time frames provided in this section.

(1991 LDR ch. 61, art. 2; Ord. No. 2006-17, § 3, 12-5-2006)