(A)   General purpose. It is the purpose of this subchapter to describe the requirements and procedures for determination of the consistency of proposed development projects with the Comprehensive Plan of the town, including the necessity for meeting the concurrency requirements of the Plan.

   (B)   Definition of concurrency. CONCURRENCY is hereby defined as a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard for the town at the time of impact of the development project.

   (C)   Definition of consistency. CONSISTENCY is hereby defined as the state of conformity and agreement of the provisions of the land development regulations of the town with the provisions of the town’s Comprehensive Plan, so that the development of the lands within the town’s jurisdiction will be accomplished in harmony with the goals and objectives of the town’s Plan and be fully compatible therewith.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007)

   (A)   Relationship to Land Development Code. Land development in the town shall be deemed to be consistent with the Comprehensive Plan if the land development projects that are approved and constructed within the town, pursuant to the provisions of this chapter, are in harmony with and compatible to the goals, objectives and policies of the town’s Plan when completed.

   (B)   Agency responsible for determinations. The Land Development Regulation Commission of the town is hereby designated as the agency responsible for the review of the town’s land development regulations, and amendments thereto, which implement the adopted Comprehensive Plan, for the purpose of determining the consistency thereof with the town’s adopted Comprehensive Plan. This Commission shall issue a report of its findings and determinations in respect thereto to the Town Council of the town. The duties and responsibilities of this Commission shall be performed by the Local Planning Agency, which will fulfill the performance of all necessary functions of this Commission as required by the Local Government Comprehensive Planning and Land Development Regulation Act.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007)

   (A)   Generally. The following method of ensuring concurrency shall be known as the system for the Management of Concurrency (SYMCON). SYMCON is based upon the Town Comprehensive Plan, especially the capital improvements element and the adopted level of service standards. The system is designed to ensure that the issuance of a final development order will not result in a degrading of the adopted levels of service for specified public facilities and services.

   (B)   Requirements to protect the levels of service.

      (1)   All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the town.

      (2)   An application for a development permit shall demonstrate that the proposed development does not degrade adopted levels of service if there exists no development order under which the permit is sought, and no development order is required prior to the issuance of the permit, e.g. a residence on a parcel of unplatted land.

      (3)   The latest point at which concurrency is determined is the final development order. If no development is required, the latest point to determine concurrency is the first development permit on a site.

   (C)   Exception during construction process. Notwithstanding the regulations set forth in division (B) above, 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. 1-90, passed 1-31-1991)

   (A)   Procedure and method. For the purpose of this subchapter, the available capacity of a facility shall be determined by subtracting the demand for service created by the new improvement from the total available capacity for that service, according to the procedure and method hereinafter set forth.

   (B)   Determination of available capacity. The total available capacity for a given type of service shall be determined by adding together the following:

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

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

   (C)   Service capacity available from new facility. The capacity of a new facility may be counted only if one or more of the following is shown:

      (1)   Construction of the new facility is under way at the time of issuance of the final development order;

      (2)   The new facility is the subject of a binding executed contract for the construction of the facility or provision of service at the time of issuance of the final development order;

      (3)   The new facility is guaranteed in an enforceable development agreement, which includes, but is not limited to, development agreements pursuant to F.S. Ch. 163.3220, or an agreement or development order pursuant to F.S. Ch. 380;

      (4)   Such new facility shall be consistent with the capital improvement element of the town’s Comprehensive Plan; and

      (5)   The development agreement must guarantee that the necessary facility or provisions of services will be in place when the impacts of the development occur.

   (D)   Service demand required by new facility. The service demand required by the new facility is to be subtracted from the total available service capacity. This service demand shall be determined by adding together the following:

      (1)   The demand for the needed service or facility created by existing development as documented in the town’s Comprehensive Plan; and

      (2)   The demand for the needed service or facility created by the anticipated completion of other approved developments, redevelopment or other development activity.

   (E)   Determination when available capacity not shown. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

      (1)   The project owner or developer may provide the necessary improvements to maintain level of service. In such case, the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the adopted level of service, and recordable instruments guaranteeing the construction consistent with the calculations of capacity made pursuant to the methods and procedures of this subchapter; and

      (2)   The proposed project may be altered so that the projected level of service is not less than the adopted level of service.

   (F)   Burden of showing compliance on developer. The burden of showing compliance with the level of service requirements shall be upon the developer. In order to qualify for approval, development applications shall provide sufficient information to show compliance with these standards.

   (G)   Initial determination of concurrency. The initial determination of concurrency occurs during the review of the preliminary development plan, and shall include compliance with the level of service standards adopted by the town.

(Ord. 1-90, passed 1-31-1991)

   (A)   Contents of annual SYMCON report. The town shall prepare an annual SYMCON report that includes a summary of development activity, building permit activity, preliminary and final development orders and an evaluation.

   (B)   Summary of development activity. The summary of actual development activity shall include a summary of certificates of occupancy, and indicate the quantity of development represented by type and square footage.

   (C)   Summary of building permit activity. A summary of building permit activity, shall include the following information:

      (1)   Building permits those that expired without commencing construction;

      (2)   Building permits that are active at the time of the report;

      (3)   The quantity of development represented by the outstanding building permits;

      (4)   Building permits that result from final development orders issued prior to the adoption of this code; and

      (5)   Building permits that result from final development orders issued pursuant to the requirements of this code.

   (D)   Summary of preliminary development orders. The summary of preliminary development orders issued shall include the following information:

      (1)   Such orders that expired without subsequent final development orders;

      (2)   Such orders that are valid at the time of the report; and

      (3)   The phases and quantity of development represented by the outstanding preliminary development orders.

   (E)   Summary of final development orders. The summary of final development orders issued shall include the following information:

      (1)   Such orders that expired without subsequent building permits;

      (2)   Such orders that were completed during the reporting period;

      (3)   Such orders that are valid at the time of the report but do have associated building permits or construction activity; and

      (4)   The phases and quantity of development represented by the outstanding final development orders.

   (F)   Evaluation of facilities and services. An evaluation of such facility and service shall include the following information:

      (1)   The capacity available for each at the beginning of the reporting period and the end of the reporting period;

      (2)   The portion of the available capacity held for valid preliminary and final development orders;

      (3)   A comparison between the actual capacity with the calculated capacity, resulting from approved preliminary development orders and final development orders;

      (4)   A comparison between the actual capacity and levels of service with the adopted levels of service from the town’s Comprehensive Plan; and

      (5)   A forecast of the capacity for each based upon the most recently updated schedule of capital improvements in the town’s capital improvements element.

   (G)   Use of annual report. The SYMCON annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following completion of the annual report.

   (H)   Waiver of annual report. If no reportable development activity has occurred within the town during the 12-month period, the requirement to prepare and file an annual SYMCON report shall be waived.

(Ord. 1-90, passed 1-31-1991)

   (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 town’s 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 by the sanitary sewer sub-element of the town’s Comprehensive Plan:

 

 

   (C)   Transportation system.

      (1)   Level of service. 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 town’s Comprehensive Plan:

 

 

      (2)   Street widening. Coordination of the future land use plan shall be achieved without allowing any widening of any collector or arterial streets to take place.

      (3)   Determination of project impact. The impact of proposed development activity on available capacity shall be determined as follows.

         (a)   The area of impact of the development (a traffic shed) shall be determined. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. If the town has designated sectors of its jurisdiction for determining development impacts and planning capital improvements, such sectors or planning areas may be used.

         (b)   The projected level of service for roads within the traffic shed shall be calculated based upon estimated trips to be generated by the project. Where the development will have access to more than one road, the calculations shall show the split in generated traffic and state the assumptions used in the assignment of traffic to each facility.

   (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 drainage sub-element of the town’s 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 town’s Comprehensive Plan:

 

 

   (F)   Recreation. Since the total town area consists of approximately 43 acres, the recreational needs of the town are addressed on a community basis only. 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 town’s Comprehensive Plan:

 

 

   (G)   Mass transit.

      (1)   The town does not have the resources to provide a mass transit system. The county has established a county-wide mass transit system, known as COTRAN, which presently provides service to the town.

      (2)   The town will continue to coordinate its needs with the county to maintain the present level of the service to the town residents. In addition, the town will continue to seek that level of mass transit service from the county which is necessary and desirable to meet its community needs.

(Ord. 1-90, passed 1-31-1991)