(a)

Concurrency refers to a finding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of development. Facilities and services subject to these regulations include transportation facilities (roadways and transit), potable water service, sanitary sewage service, stormwater drainage facilities, solid waste removal service, educational facilities and park facilities. All applications for development orders shall be subject to concurrency review, unless specifically exempted.

(b)

All development applications shall demonstrate consistency with the growth management plan as well as with all applicable provisions of this code. Further, development applications, if applicable, shall demonstrate that specified concurrency facilities shall be available at prescribed levels of service concurrent with the impact of the development of those facilities. A development order shall be permitted only if the final development plan complies with the goals, objectives and policies established in the growth management plan.

(c)

The department shall verify concurrency based upon maintaining the level of service for the public facilities and services, subject to these regulations, as adopted and as may be amended in the growth management plan.

(Ord. No. 12-03, § 2(3-240), 6-20-2012)

In no case shall a development order be issued for a minimum threshold (de minimis) or exempted project which would impact a facility subject to these regulations for which a moratorium or deferral on development has been placed.

(1)

Projects below the minimum threshold (de minimis). The following development shall be exempt from concurrency review:

a.

Residential projects which would result in the creation of a single-family dwelling or one two-family dwelling, as well as projects that entail structural alterations, including room additions to single-family structures, which do not change the land use.

b.

Any development which does not create additional public facility demands.

c.

In the case of transportation facilities, the cumulative total of the de minimis impacts, from both improved and vacant properties, shall not exceed three percent of the maximum volume at the adopted level of service standard of the affected transportation facility.

d.

Actions administered through development orders and other development which do not increase demand on facilities subject to these regulations, such as grading or land excavation or structural alterations which do not include a change of use and satisfy provisions of subsection (1)a and b of this section.

(2)

Vested developments. Projects that have valid final development orders or unexpired concurrency reservations pursuant to a plat or building permit issued prior to June 20, 2012, shall be considered vested.

(3)

Redevelopment projects. Proposed redevelopment shall be credited for the existing demand on available capacity. If a redevelopment project generates in excess of the existing demand which it is replacing, a concurrency review shall be required; however, the concurrency review shall only address the amount by which the proposed demand generated exceeds the demand of existing development. The development plan for redevelopment must be submitted no more than one year after the prior use is discontinued in order to qualify for a concurrency credit. If the proposed redevelopment generates equal or less demand than the existing project, the applicant shall be given a concurrency credit enabling the applicant to reserve the unused capacity.

(4)

Town public facilities. Town public facilities which are to ensure the protection of the health, safety and general welfare of the citizens shall be exempt from concurrency review. This shall include all public facility construction projects included in the town capital improvements program required to meet any adopted level of service standard.

(Ord. No. 12-03, § 2(3-241), 6-20-2012)

The concurrency management system (CMS) is intended to provide criteria and a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services, as provided by F.S. ch. 163, part II. The CMS criteria and process are as follows:

CONCURRENCY MANAGEMENT SYSTEM

Sanitary Sewer, Solid Waste, Drainage and Potable Water

1.

A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or

2.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent. (F.S. §163.3180(2)(a))

Recreation and Open Space

1.

At the time the development order or permit is issued, the necessary facilities and services are in place or under actual construction; or

2.

A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and:

a.

A development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent as provided in the adopted local government five-year schedule of capital improvements;

b.

At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or

c.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent. (F.S. § 163.3180(2)(b))

Transportation Facilities (Roadways and Mass Transit)

1.

At the time a development order or permit is issued, the necessary facilities and services are in place or under construction.

2.

A development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years after issuance of a certificate of occupancy or its functional equivalent as provided in the adopted local government five-year schedule of capital improvements. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the applicable, adopted state department of transportation five-year work program. The capital improvements element must include the following policies:

a.

The estimated date of commencement of actual construction and the estimated date of project completion.

b.

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

3.

At the time a development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction no more than three years after the issuance of a certificate of occupancy or its functional equivalent.

4.

At the time a development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than three years after issuance of a certificate of occupancy or its functional equivalent. (F.S. § 163.3180(2)(c))

5.

For the purpose of issuing a development order or permit, a proposed urban redevelopment project located within a defined and mapped existing urban service area as established in the local government comprehensive plan pursuant to F.S. § 163.3164(29) shall not be subject to the concurrency requirements of subparagraphs 9J-5.0055(3)(c)1.—4., F.A.C., for up to 110 percent of the transportation impact generated by the previously existing development. For the purposes of this provision, a previously existing development is the actual previous built use which was occupied and active within a time period established in the local government comprehensive plan. (F.S. § 163.3180(8))

6.

For the purpose of issuing a development order or permit, a proposed development may be deemed to have a de minimis impact and may not be subject to the concurrency requirements of subparagraphs 9J-5.0055(3)(c)1.—4., F.A.C., only if all of the conditions specified in F.S. § 163.3180(6) are met. (F.S. § 163.3180(6))

7.

A development order or permit within a designated multimodal transportation district may be issued provided the planned community design capital improvements are included in a financially feasible long range schedule of improvements for the development or redevelopment timeframe for the district, without regard to the period of time between development or redevelopment and the scheduled construction of the capital improvements as specified in F.S. § 163.3180(15)(c).

Educational Facilities

1.

For district-wide concurrency service areas:

a.

At the time the residential site plan or plat is issued, the necessary facilities and services are in place or under construction; or

b.

A residential development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under construction not more than three years after permit issuance as provided in the adopted public school facilities program.

2.

For less than district-wide concurrency service areas: If public school concurrency is applied on less than a district-wide basis in the form of concurrency service areas, a residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas and school capacity is available district-wide as defined in F.S. § 163.3180(13)(e).

(Ord. No. 12-03, § 2(3-242), 6-20-2012)

(a)

Department responsible for reviews. The department shall be responsible for concurrency reviews as required by this concurrency management system. The department, in conjunction with other town staff, shall determine whether adequate capacities for concurrency facilities are available to satisfy the demands of each proposed development.

(b)

Application for concurrency review. Concurrency review shall be initiated upon submission and acceptance of an application for a development plan approval, preliminary subdivision plat, or a building permit, whichever occurs first.

(c)

Project impact assessment. The department shall use the best available information to establish and evaluate existing capacities for concurrency facilities. The applicant shall be responsible for supplying the anticipated land uses, densities and/or intensities of a proposed development and the anticipated date of completion of proposed development. The department shall assess the anticipated impacts of the proposed development on concurrency facilities. Assessment of traffic impact shall be performed in accordance with the Town of Cutler Bay Traffic Impact Analysis Methodology Standards, as amended and on file in the town's community development department.

(d)

Project phasing/timing of improvements. Concurrency facilities associated with a phased development may also be phased. However, all concurrency facilities necessary to accommodate the impacts of each phase must be available or a schedule for the acquired improvements must be approved prior to the issuance of a development order. The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied shall be in place as provided for in section 3-242, concurrency management system, transportation facilities subsection 3.

(e)

Concurrency review determination. Upon the conclusion of the concurrency review, the department shall prepare a written determination concerning the proposed development. This determination shall address, but is not limited to:

(1)

The anticipated public facility impacts of the proposed development;

(2)

The ability of existing facilities to accommodate the proposed development at the adopted level of service standards;

(3)

Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development;

(4)

The facility improvements or additions necessary to accommodate the impact of the proposed development at the adopted level of service standards and the entities responsible for the design and installation of all required facility improvements or additions; and

(5)

The date such facility improvements or additions will need to be completed to be concurrent with the impacts on such facilities created by the proposed development.

(f)

Concurrency denials. In the event that the town concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capacity, the town shall determine whether there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concurrent with the impacts of the proposed development. If the town and/or a developer are unable to provide such assurances, the project shall be denied.

(Ord. No. 12-03, § 2(3-243), 6-20-2012; Ord. No. 20-04, § 2(Exh. A), 6-17-2020)

The department, through review and approval, shall initiate the review to certify that public facilities and services will be available concurrent with the impacts generated by the proposed development as follows:

(1)

The current available capacity of transportation facilities (roadways and transit), water service, sewage facilities, stormwater drainage, solid waste removal service, educational facilities and park facilities shall be established.

(2)

The projected impact on each of the public services and facilities listed above will be calculated for the proposed development using the required levels of service contained in town's adopted growth management plan, and in this section, as may be amended from time to time.

(3)

The projected impact on each of the public services and facilities shall be subtracted from the current available capacity presented above.

(4)

Certify that the new capacity of the public facilities and service is not below zero.

(5)

A written statement certifying the availability, or lack of availability, of capacity in each of the public facilities and services shall be provided by the department prior to the issuance of the site plan, plat or the building permit, whichever is applicable.

(6)

Upon issuance of a development order or a building permit, the capacity of the public services and facilities needed to meet the demands of the development being approved shall be reserved for a period of one year. The town may reserve the public service capacities for a period no longer than one year, unless a valid and binding development agreement between the town and a developer is executed extending the time period.

(Ord. No. 12-03, § 2(3-244), 6-20-2012)

(a)

Reservation of capacity. After a development order is approved, the capacity demand of said development shall be considered to be reserved. The timeframe of the concurrency reservation shall be based on the timeframe of the building permit or development agreement. If the timeframe of the development order and/or the development agreement lapses, the available capacity assigned to the development order shall be returned to the available capacity pool.

(b)

First come, first served. Capacity shall be reserved on a first come, first served basis by the department. Such reservation shall be valid only for the specific final development order and for the specified land uses, densities, intensities, construction and improvement schedules contained in the approved development order. Reservation of capacity runs with the land and is transferable to a successor in ownership. Reservation of capacity for concurrency shall expire if the underlying development order or development agreement expires or is revoked. The development order shall state the terms of the concurrency reservation, including the allocation of available capacity, the timeframe for the allocation, and other appropriate legal assurances.

(c)

Project deferrals/development moratoriums. If at any time the town inventory of the capacity of concurrency facilities indicates that a concurrency facility has dropped below its adopted level of service standard, the town shall cease to issue development orders for projects which would impact the deficient facility or the area impacted by the deficient concurrency facility, as defined within this concurrency management system. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted level of service standard is re-established, the growth management plan is amended to reflect an acceptable level of service standard for the facilities in question, or alternative arrangements are made to ensure capacity will be available.

(Ord. No. 12-03, § 2(3-245), 6-20-2012)

The following criteria shall be applied to determine whether or not sufficient public services and facilities capacity exists:

LEVEL OF SERVICE (LOS) STANDARDS

(1)

Source: Statewide Minimum Level of Service Standards, Rule 14-94.003.

(2)

Means the level of service standards for non-TRIP facilities may be set by local governments in accordance with Rule 9J-5.0055 F.A.C.

(3)

It is recognized that certain roadways (i.e., constrained roadways) will not be expanded by the addition of through lanes for physical, environmental, or policy reasons. In such instances, a variance to the level of service may be sought pursuant to F.S. § 120.542.

Note— Level of service designations are defined in the FDOT 2002 Quality/Level of Service Handbook.

(Ord. No. 12-03, § 2(3-246), 6-20-2012; Ord. No. 20-04, § 2(Exh. A), 6-17-2020)

In order to ensure that proposed capital improvement projects are being planned to meet the concurrency requirements outlined in the section, the department shall draft and review the town's five-year capital improvement schedule (CIS). Following the drafting of the CIS, the department shall forward it to the town's local planning agency and the town council for their review and consideration.

(Ord. No. 12-03, § 2(3-247), 6-20-2012)