§ 21-311. General provisions.

The purpose of this section is to ensure that facilities and services needed to support development are available concurrent with the impacts of development. The following public facilities and services are subject to concurrency evaluation: roads, potable water, sanitary sewer, stormwater management, solid waste, and recreation.

Except as otherwise provided, no development proposal submitted after the effective date of this Code shall be approved unless public facilities are or will be available to serve a proposed development, such that the levels of service adopted in the comprehensive plan are maintained. Prior to concurrency approval for a proposed development, the following conditions shall be met, as applicable:

(a)

For potable water, sewer, solid waste, and stormwater management, the concurrency requirement may be met through one (1) of the following conditions or actions:

(1)

The necessary facilities and services are in place at the time a development permit is issued;

(2)

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

(3)

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

(4)

The necessary facilities and services are guaranteed in an enforceable development agreement that includes provisions (1)—(3) above. An enforceable development agreement shall include, but is not limited to, the provisions of section 163.3227, F.S., or shall be a development order issued pursuant to sections 163.3220—3243, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S. The agreement shall guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(b)

The concurrency requirement for roads may be met by satisfying the conditions listed in paragraphs (a)(1)—(4) above, and by complying with the following standards:

(1)

The capital improvements element and five-year schedule of capital improvements must be financially feasible, and may recognize and include transportation projects listed in the first three (3) years of the applicable FDOT five-year work program.

(2)

The five-year schedule of capital improvements must include facilities necessary to maintain the adopted level of service standards to serve the proposed new development, and the facilities necessary to eliminate those portions of existing deficiencies that are a priority to be eliminated during the five-year period in which the capital improvements plan is to be implemented.

(3)

The capital improvements element and five-year schedule of capital improvements must be based on currently available revenue sources that must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit.

(4)

The five-year schedule of capital improvements must include the estimated date of commencement of actual construction and the estimated date of project completion.

(5)

The five-year schedule of capital improvements must demonstrate that the actual construction of the road must be scheduled to commence in or before the third year of the five-year schedule.

(6)

A plan amendment would be required to eliminate, defer or delay construction of any road that is needed to maintain the adopted level of service standard and that is listed in the five-year schedule of capital improvements.

(Ord. No. O-00-09, Art. 6 (6.01.01), 4-24-00)