(a)

The purpose of a concurrency management system is to provide the necessary regulatory mechanism for evaluating development orders to ensure that the level of service standards, as set forth within the adopted comprehensive plan of the City of Atlantic Beach, as may be amended, are maintained. The system consists of three (3) primary components: 1) an inventory of existing public facilities for which concurrency is to be determined, 2) a concurrency assessment of each application for a final development order, and 3) a schedule of improvements needed to correct any existing public facility deficiencies.

(b)

The intent of this system as expressed by the Florida Legislature is to: Ensure that issuance of a development order is conditioned upon the availability of public facilities and services necessary to serve new development. However, development orders may be conditioned such that needed public facility improvements will be in place concurrent with the impacts of the proposed development.

(c)

The terms development order and development permit, including any building permit, zoning permit, subdivision approval, rezoning, special exception, variance, or other official action of the local government having the effect of permitting the development of land, may be used interchangeably within these land development regulations and shall have the meaning as set forth in section 24-17 of this chapter and within Florida Statutes.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

The city manager, or the city manager's designee, shall be responsible for the three (3) primary tasks required to implement the concurrency management system. These three (3) tasks are:

(1)

Maintaining an inventory of existing public facilities and capacities or deficiencies;

(2)

Providing advisory concurrency assessments and recommending conditions of approval to the city commission for those applications for development orders which require city commission approval; and

(3)

Reporting the status of all public facilities covered under this system to the city commission during the annual budget process and to the Florida Department of Economic Opportunity, as may be required.

(b)

The city manager, or the city manager's designee, shall also collect and make available to the public information on those facilities listed in the capital improvements element of the comprehensive plan. This information shall be updated yearly and shall be available during the annual budget preparation process.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

Prior to the approval and issuance of a development order, all applications shall be reviewed for concurrency consistent with the provisions and requirements of this concurrency management system. Development orders may be issued only upon a finding by the city that the public facilities addressed under the concurrency management system will be available concurrent with the impacts of the development in accordance with state statutes and rules relating to concurrency.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Development orders, including building permits issued for single-family and two-family residential development upon existing lots of record, and those issued solely for alteration, remodeling, reconstruction, or restoration of residential units provided that such permits do not authorize an increase in the number of dwelling units; and for nonresidential uses, those permits that do not authorize an increase in the square feet of the development shall be deemed no impact projects and shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify this provision in accordance with concurrency review procedures.

(b)

Applications for development orders for projects, which are deemed to have no impact upon public facilities and services as defined in the preceding paragraph or projects which have acquired statutory or common law vested rights, shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify consistency with this provision in accordance with concurrency review procedures.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

The city shall provide administrative procedures to implement the concurrency management system. The provisions and requirements of the concurrency management system shall apply only to those facilities listed in the capital improvements element of the comprehensive plan.

(b)

All applicants for development orders shall be required to provide information as deemed necessary by the city so that the impacts of the proposed development may be accurately assessed.

(c)

Once a concurrency certificate is issued, any change in land area, use, intensity, density or timing and phasing of the approved project, which results in increased impacts to public facilities and services shall require modification to the concurrency certificate in accordance with established procedures.

(d)

Where a determination of available concurrency is made, a concurrency certificate shall be valid for one (1) year following issuance and set forth the terms and conditions of the approval. In the case that a concurrency certificate is revoked, denied or expires, the capacity reserved for that project is released for use.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

In order to ensure that all public facilities included within this concurrency management system are available concurrent with the impacts of development, concurrency shall be determined during the review and approval process as applicable for the proposed development and prior to the issuance of a final development order. All final development orders shall specify any needed improvements and a schedule for their implementation consistent with the requirements of this article. Thus, while some required improvements may not have to be completed until a certificate of occupancy is applied for, the requirements for the certificate of occupancy, or functional equivalent, shall have previously been established as a binding condition of approval of the original final development order. If a development proposal cannot meet the test for concurrency, then it may not proceed under any circumstances, and no development orders may be issued. Likewise, if a development fails to meet a condition of approval once it has commenced, then no additional development orders, permits, or certificates of occupancy shall be issued.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

The city manager, or the city manager's designee, shall collect and make available to the public as may be requested, information on capital facilities as identified within the capital improvements element of the adopted comprehensive plan. The information shall be available during the annual budget preparation process. The provisions and requirements of the concurrency management system shall apply only to those facilities as listed within the comprehensive plan. The following data shall be maintained and shall be used for the purpose of concurrency assessment of the impacts of new development:

(a)

Sanitary sewer.

(1)

The design capacity of the wastewater treatment facilities.

(2)

The existing level of service measured by the average number of gallons per day per unit based on the average flows experienced at the treatment plant and the total number of equivalent residential units within the service area.

(3)

The adopted level of service standard for average daily flow per equivalent residential unit.

(4)

The existing deficiencies of the system.

(5)

The capacities reserved for approved but unbuilt development within the service area of the system.

(6)

The projected capacities or deficiencies due to approved but unbuilt development within the city or the service area of the system.

(7)

The improvements to be made to the facility in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies.

(8)

The improvements to be made to the facility in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies.

(b)

Potable water.

(1)

The design capacity of the city's potable water supply.

(2)

The existing level of service measured by the average daily flow in gallons per unit based n the total number of equivalent residential units within the service area.

(3)

The adopted level of service standards for the potable water system.

(4)

The existing capacities or deficiencies of the system.

(5)

The capacities reserved for approved but unbuilt development within the city and the service areas.

(6)

The improvements to be made to the facility in the current fiscal year by an approved development pursuant to previously issued development orders and the impact of such improvements on the existing capacities or deficiencies.

(7)

The improvements to be made to the facility in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies.

(c)

Solid waste disposal.

(1)

The design capacity of solid waste disposal facilities located in the city.

(2)

The existing level of service measured by the amount of solid waste collected and requiring disposal on a per capita basis.

(3)

The adopted level of service standard for solid waste.

(4)

The capacities required for approved but unbuilt development.

(5)

The projected restraining capacities or deficiencies due to approved but unbuilt development.

(6)

The improvements to be made to the system in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies.

(d)

Stormwater and drainage.

(1)

The existing level of service measured by storm events as determined by the city. The adopted level of service standards for stormwater and drainage.

(2)

The improvements to be made to the system in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies.

(3)

The improvements to be made to the system in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies.

(4)

The improvements scheduled by the city as part of the continuing implementation of the city's master stormwater plan, as may be updated.

(e)

Recreation and open space.

(1)

The existing supply of recreation and open space lands and the adequacy of recreational facilities as outlined in the recreation and open space element of the comprehensive plan.

(2)

The existing level of service measured by the total acreage and facilities available per the appropriate number of residents of the city based on a current inventory of acreage and facilities in the city, or serving the city and the population of the city.

(3)

The adopted level of service standards for park and open space lands and the acreage and individual recreation facilities as outlined in the recreation and open space element of the comprehensive plan.

(4)

The existing capacities or deficiencies of the recreational facilities system with consideration given to changing demographics and changing recreational trends.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)