It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects with the Baldwin Comprehensive Plan, including meeting the concurrency requirements of the plan.

(Ord. No. 2013-01, § 5(Attach., § 4.00.00), 7-9-13)

Adopted levels of service shall not be degraded.

(1)

General rule. All applications for development orders shall demonstrate that the proposed development does not degrade the adopted levels of service in the Baldwin Comprehensive Plan and/or any interlocal agreement with the City of Jacksonville concerning such services.

(2)

Exception. Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met.

(Ord. No. 2013-01, § 5(Attach., § 4.01.00), 7-9-13)

For purposes of these regulations the available capacity of a facility with an adopted level of service in the Baldwin Comprehensive Plan shall be determined by:

(1)

Adding together:

a.

The total capacity of existing facilities operating at the required level of service; and

b.

The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development.

(2)

Subtracting from that number the sum of.

a.

The demand for the service or facility created by existing development; and

b.

The demand for the service or facility created by the anticipated completion of other approved developments.

(3)

Action upon failure to show available capacity. Where available capacity cannot be shown, the project owner or developer may provide the necessary improvements to maintain level of service and to provide necessary documentation that the improvements will maintain the existing level of service.

(Ord. No. 2013-01, § 5(Attach., § 4.01.01), 7-9-13)

The burden of showing compliance with these levels of service requirements shall be upon the developer. Applications for development approval shall provide sufficient information showing compliance with these standards in order to be approved.

(Ord. No. 2013-01, § 5(Attach., § 4.01.02), 7-9-13)

(a)

The town may prepare level of service reports that include:

(1)

A summary of actual development activity.

(2)

A summary of building permit activity.

(3)

A summary of development orders issued.

(4)

An evaluation of each facility and service indicating the capacity available and the status of all interlocal agreements with the City of Jacksonville concerning provisions of public facilities and services.

(b)

Use of the annual report. The level of service report shall propose capacity and levels of service of public facilities for the purpose of issuing development orders. The town shall update its level of service reports as deemed necessary by the town council. Updates to the report shall be approved by resolution and shall supersede the initial level of service standard established by this code.

(Ord. No. 2013-01, § 5(Attach., § 4.01.03), 7-9-13)

(a)

Potable water. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the Potable Water Sub-element of the Baldwin Comprehensive Plan:

(b)

Wastewater. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater treatment as established in the Sanitary Sewer Sub-element of the Baldwin Comprehensive Plan:

(c)

Transportation system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the Transportation Circulation Element of the Baldwin Comprehensive Plan:

The level of service is based on the Florida Department of Transportation Manual for Determining Levels of Service.

(d)

Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the Baldwin Comprehensive Plan:

(e)

Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the solid waste as established in the Solid Waste Sub-element of the Baldwin Comprehensive Plan:

(f)

Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the Recreation and Open Space Element of the Baldwin Comprehensive Plan:

Recreation Standards for Facilities:

(g)

Public school concurrency.. The adopted levels of service for public schools, shall all be in accordance with the adopted interlocal agreement for public school facility planning, as may be amended, and are hereby adopted and incorporated by reference into this article.

(1)

Public school concurrency shall apply to all residential development, unless exempt, age-restricted, or deemed de minimus by the terms in the adopted interlocal agreement for public school facility planning, as may be amended.

(2)

The town shall review concurrency applications to determine if there is available public school capacity using the methodology, processes, procedures, and timeframes in the interlocal agreement for public school facility planning, as may be amended

(3)

If the town determines that there is available school capacity pursuant to the review, the town shall issue a school concurrency determination in accordance with the interlocal agreement for public school facility planning, as may be amended. Such school concurrency determination shall be valid for one year from the effective date and may not be extended.

(4)

If the town determines that there is no available school capacity, the applicant, the town, and, if necessary, the Duval County School Board may enter into a binding mitigation agreement pursuant to the methodology, processes, procedures, and timeframes in the interlocal agreement for public school facility planning, as may be amended.

(5)

Mitigation agreements shall be approved by ordinance.

(Ord. No. 2013-01, § 5(Attach., § 4.02.00), 7-9-13)