It is the purpose of this article to describe the requirements and procedures for determining the consistency of proposed development with the City's Comprehensive Plan, including meeting the concurrency requirements of the Plan.

Concurrency means a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the proposed development except that transportation facilities needed to serve new development shall be in place or under actual construction within three years after the local government approves a building permit or its functional equivalent that results in traffic generation.

(History Ord. No. 444)

No development proposal shall be approved unless the Administrator has determined that the proposed development is consistent with and furthers the intent of the adopted Comprehensive Plan.

A.

Proposed development which is not found to be consistent with the Comprehensive Plan may be resolved in two ways:

B.

By modifying the development proposal, or

C.

By amendment of the Comprehensive Plan as described in F.S. ch. 163.

The method of ensuring concurrency described herein shall be known as the Concurrency Management System (CMS). The CMS is based on the City's adopted Comprehensive Plan, especially the level of service (LOS) Standards and Capital Improvements Element. The CMS also includes a monitoring system for determining the availability of adequate capacity of public facilities and services to meet the adopted LOS standards.

The purpose of the CMS is to ensure that no development will be permitted when that development will result in a degradation of the adopted level of service (LOS) for specified public facilities and services.

A.

General rules.

1.

All applications for development orders shall demonstrate that the proposed development does not degrade adopted LOS in the City.

2.

An application for a development permit shall demonstrate that the proposed development does not degrade adopted LOS if there is no development order under which the permit is sought.

3.

Concurrency shall be determined at the earliest point in the permit process, or application procedure.

B.

Exceptions. Notwithstanding the foregoing, the prescribed Levels of Service (LOS) may be degraded during the actual construction of new facilities which will provide capacity to the development, if upon completion of the new facilities the prescribed LOS will be met. Developers must clearly show that capacity to serve the development has been allocated and will be available concurrent with the impacts of the development. Evidence of compliance may consist of documentation that new facilities are under construction or are the subject of a binding, executed contract for construction or an enforceable development agreement meeting the requirements of F.S. chs. 163 or 380 which guarantees that the necessary facilities and services will be in place when the impacts of the development occur.

A.

Available capacity is the total of existing capacity and capacity being created by new facilities which are under construction, subject to a binding contract for construction or subject to a binding development agreement, minus (less) the demand for capacity from existing development and the capacity allocated to approved but incomplete development.

B.

Example of available capacity determination.

_____

Level of Service Capacity Allocation System for: Facility or Service

_____

Authority to allocate capacity shall be made by the appropriate public agency, including, but not limited to, the Cedar Key Water and Sewer District, Suwannee River Water Management District, the City of Cedar Key and agencies or department of state government. No development order or permit may be issued without an authorized allocation, signed by an official representative of the authorizing agency. An enforceable development agreement or binding contract for construction may be used by the Administrator to substantiate an authorization by the City.

Where available capacity cannot be shown, the following methods may be used to maintain the adopted LOS:

A.

The project owner or developer may provide the necessary improvements to maintain LOS. In such cases the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the LOS, and recordable instruments guaranteeing the construction, consistent with calculated capacity need, including required authorizations from other agencies.

B.

The proposed development may be altered so that the projected LOS is not less than the adopted LOS.

C.

For an inability to show available transportation capacity, the project owner or developer may mitigate traffic impacts pursuant to the Proportionate Fair-share Program as provided in Section 4-4.05.00 of this article.

(History: Ord. No. 444)

The burden of showing compliance with adopted Level of Service (LOS) requirements shall be on the developer. Applications for development approval shall provide sufficient information showing compliance with the LOS standards in order to be approved.

The initial determination of concurrency shall occur during Preliminary Development Plan Review and shall include compliance with the LOS standards adopted by the City.

The Administrator shall prepare and the City Commission shall review and adopt an annual report on the Concurrency Management System (CMS). The annual report shall include:

A.

A summary of actual development activity, including a summary of certificates of occupancy including quantity of development represented by type, units, square footage and average occupancy (population) for residential units.

B.

A summary of building permit activity, indicating:

1.

Permits active at the time of the report;

2.

Permits which expired without construction;

3.

Quantity of development represented by active permits;

C.

A summary of development approvals that have been issued, but for which building permits have not been issued, indicating:

1.

Active development approvals;

2.

Quantity of development represented by approved development;

3.

Approvals which expired without subsequent permits

D.

An evaluation of each facility and service for which a LOS standard has been established, indicating:

1.

Capacity available at the beginning and end of the reporting period.;

2.

Capacity being held for active permits and approvals;

3.

A comparison of actual capacity to calculated capacity resulting from approved development;

4.

A comparison of actual capacity and levels of service to adopted LOS from the City's Comprehensive Plan;

5.

A forecast of capacity based on the most recently updated schedule of capital improvements in the capital improvements element of the City's Comprehensive Plan and the annual report of other governmental agencies;

6.

Actual reserve capacity.

The CMS annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities and services for the purpose of issuing development approvals and building permits during the 12 months following completion of the annual report.

No development activity shall be approved unless there is sufficient available capacity allocated by the Cedar Key Water and Sewer District (CKW&SD) to sustain the following LOS for potable water as established in the potable water sub-element of the City's Comprehensive Plan:

A.

Minimum design flow: 200 gallons per capita per day

B.

Storage capacity: 250,00 gallons

C.

Pressure: 50 psi static

D.

Pumping capacity: 200 gallons per minute or 150,000 gallons per ten-hour period

E.

Minimum design fire flow: 500 gpm at 20 psi

No development activity shall be approved unless there is sufficient available capacity allocated by the Cedar Key Water and Sewer District(CKW&SD) or an approved alternative system as hereinafter provided to sustain the following LOS for wastewater treatment as established in the sanitary sewer sub-element of the City's Comprehensive Plan:

A.

Residential: 183 gallons per capita per day

B.

Commercial and institutional: 183 gallons per capita per day at 50 percent of peak occupancy for commercial space and 100 percent for any dwelling unit as defined in Article VI of this Code

Septic systems and alternative wastewater treatment systems, including package treatment plants, shall conform to the rules of the Department of Environmental Regulation and Department of Natural Resources in siting, construction and outfall or disposal locations, and no system shall dispose of effluent in coastal waters. No approval or permit shall be granted for any development proposing to use alternative septic systems unless the Levy County Sanitation Department has provided written assurance and approval of soil suitability, land area and coastal water or groundwater impacts.

Septic systems shall be permitted only for conditional periods when capacity from the CKW&SD system is not available or not-in-compliance with DER standards. Upon a DER finding that the CKW&SD wastewater system is in-compliance, the City shall not issue any approval or permit for development which proposes to use a septic system when a collector line to the CKW&SD is available and accessible, and any conditionally approved septic systems shall be connected within one year of an in-compliance finding.

No development activity shall be approved unless there is sufficient available capacity to sustain the following LOS for transportation systems as established in the traffic circulation element of the City's Comprehensive Plan:

A.

Arterial Roads Level "C" at Peak Hour

B.

Local Roads Level "C" at Peak Hour

C.

Collector Roads Level "C" at Peak Hour

The projected level of service for roads within a traffic shed (the area of impact of the development) 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 shall state the assumptions used in the assignment of traffic to each facility.

In addition to peak hour LOS for all roads, no development shall be approved which would increase the evacuation time to more than eight-hours for the residential and visitor population in the City and contiguous unincorporated enclaves.

No development activity shall be approved unless there is sufficient available capacity to sustain the following LOS for the drainage system as established in the drainage sub-element of the City's Comprehensive Plan:

A.

Design Storm: 25-year Frequency

B.

Duration: 24-hours

C.

Rainfall Intensity Curve Zone: 6

D.

Treatment/retention Capacity: First 3/4 Inch of Run-off Entire Lot Area

(History: Ord. No. 247)

No development activity shall be approved unless there is sufficient available capacity to sustain the following LOS for solid waste is sufficient available capacity to sustain the following LOS for solid waste as established in the solid waste sub-element of the City's Comprehensive Plan: 7.5 pounds per capita per day.

A.

No development activity shall be approved unless there is sufficient available capacity to sustain the following LOS for recreation as established in the recreation and open space element of the City's Comprehensive Plan:

B.

Standard by reference: Outdoor Recreation in Florida, Department of Natural Resources, 1989, Tables 6.1 through 6.5, herewith incorporated by reference.

(History: Ord. No. 247)

At least every five years after adoption of the City's Comprehensive Plan the City shall evaluate and recommend any changes in adopted levels of service which may have occurred, and shall transmit any adopted or recommended changes to the state land planning agency (DCA) for a finding of compliance.

No plan amendment which changes level of service standards shall become effective until such time as it has been found to be in compliance by the state land planning agency (DCA).

City of Cedar Key
Concurrency Management System
GUARANTEE OF ALLOCATED CAPACITY
for Potable Water and Wastewater by:
CEDAR KEY WATER & SEWER DISTRICT

The City of Cedar Key cannot issue a building permit or development order for a project that proposes to use potable water or wastewater facilities without the following information and a guaranteed allocation by CKW&SD.

The purpose of this ordinance is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(16).

(History: Ord. No. 444)

The City Commission of the City of Cedar Key finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and the Proportionate Fair-Share Program:

A.

Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors;

B.

Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair-share of the cost of a transportation facility;

C.

Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion;

D.

Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the City of Cedar Key to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the CIE.

E.

Is consistent with F.S. § 163.3180(16), and supports Policies 2-2.3, 2-4.3, and 2-4.11 of the Cedar Key Comprehensive Plan.

(History: Ord. No. 444)

The Proportionate Fair-Share Program shall apply to all developments in Cedar Key that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the Cedar Key CMS, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 4-4.05.04. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12).

(History: Ord. No. 444)

A.

An applicant may choose to satisfy the transportation concurrency requirements of the City of Cedar Key by making a proportionate fair-share contribution, pursuant to the following requirements:

1.

The proposed development is consistent with the Comprehensive Plan and applicable land development regulations.

2.

The five-year schedule of capital improvements in the Cedar Key Comprehensive Plan Capital Improvements Element ("CIE") includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the Cedar Key transportation CMS. The provisions of Subsection 4-4.05.04 B. may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government CIE or an adopted long-term schedule of capital improvements.

B.

Cedar Key may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, will satisfy the requirements of the Cedar Key transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE, where the following apply:

1.

Cedar Key adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the City Commission of the City of Cedar Key, and determined to be:

a.

Financially feasible pursuant to F.S. § 163.3180(16) (b) 1. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities; and

b.

Are consistent with the Comprehensive Plan; and

c.

Are in compliance with the provisions of this ordinance.

2.

If the funds allocated for the five-year schedule of capital improvements in Cedar Key's CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the City may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the Comprehensive Plan at the next annual capital improvements element update.

C.

Any improvement project proposed to meet the developer's fair-share obligation must meet Cedar Key's design standards for locally maintained roadways and those of the FDOT for the state highway system.

(History: Ord. No. 444)

Pursuant to policies in the Intergovernmental Coordination Element of the Cedar Key Comprehensive Plan, Cedar Key shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(History: Ord. No. 444)

A.

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of Section 4-4.05.04.

B.

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System ("SIS"), then the FDOT will be notified and invited to participate in the pre-application meeting.

C.

Eligible applicants shall submit an application to the City that includes the following:

1.

Name, address and phone number of owner(s), developer and agent;

2.

Property location, including parcel identification numbers;

3.

Legal description and survey of property;

4.

Project description, including type, intensity and amount of development;

5.

Phasing schedule, if applicable;

6.

Description of requested proportionate fair-share mitigation method(s); and

7.

Copy of concurrency application.

D.

The Planning and Development Administrator shall review the application and certify that the application is sufficient and complete within ten business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in Section 4-4.05.04, then the applicant will be notified in writing of the reasons for such deficiencies within ten business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed abandoned. The City Commissioner may, in its discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

E.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

F.

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the City or by the applicant with direction from the City and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on an SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the City Commission meeting when the agreement will be considered.

G.

Cedar Key shall notify the applicant regarding the date of the City Commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the City Commission.

(History: Ord. No. 444)

A.

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

B.

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

C.

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

1.

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

OR

Proportionate Fair-Share = (((Development Tripsi)/(SV Increasei))*Costi)

Where:

•

"Development Tripsi" are those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS;

•

"SV Increasei" is the service volume increase provided by the eligible improvement to roadway segment "i" per section D.;

•

"Costi" is the adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

D.

For the purposes of determining proportionate fair-share obligations, the City shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods:

1.

An analysis by the City of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the City Commission. In order to accommodate increases in construction material costs, project costs shall be adjusted by an inflation factor derived from historic increases in road construction costs or an acceptable economic indicator; or

2.

The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District.

E.

If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section.

F.

If the City has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at the most recent assessed value by the Levy County property appraiser. In the event that no valuation by the Levy County property appraiser exists, the fair market value may be established by an independent appraisal prepared at the expense of the applicant and approved by the City. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations.

(History: Ord. No. 444)

A.

Upon execution of a proportionate fair-share agreement ("agreement") the applicant shall receive an allocation of capacity as described in Section 4-4.02.05 of this article. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

B.

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 months from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Section 4-4.05.07. and adjusted accordingly.

C.

All developer improvements authorized under this ordinance must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy.

D.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

E.

Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

F.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the City will be non refundable.

A.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the local government, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the FDOT TRIP.

B.

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of Section 4-4.05.04 B.2. Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, then the City may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the City through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(History: Ord. No. 444)