(A)

Purpose: It is the purpose of this section to implement the Local Government Comprehensive Planning and Land Development Regulations Act of 1985, which requires that local governments adopt and maintain land development regulations "that are consistent with and implement" the adopted comprehensive plan (Section 163.3202, Florida Statutes). This section will describe requirements and procedures for determination of consistency of proposed development projects with the Town of Davie's Comprehensive Plan, hereinafter referred to as the "Comprehensive Plan," including meeting concurrency requirements of the plan.

(B)

Intent: It is intended that no land development activity be approved unless it is found that such development activity is consistent with the Comprehensive Plan and applicable development regulations; further, that such development activity shall not degrade the level of service (LOS) standards established in the Comprehensive Plan for roads, sanitary sewer, potable water, drainage, solid waste and recreational facilities. This section is designed to ensure that adequate facilities are in place concurrent with the impact of the new development.

(C)

Determining Consistency with the Davie Comprehensive Plan: If a development proposal is found to meet all the requirements of this chapter, it shall be presumed to be consistent with the Comprehensive Plan. The director of development services shall verify the consistency of a development proposal with the Comprehensive Plan prior to issuance of a development permit.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

Generally: The following method of ensuring concurrency shall be known as the "System for the Management of Concurrency (SYMCON)." The SYMCON is based upon the Comprehensive Plan and level of service standards adopted herein. The system is designed to ensure that the cumulative effects of proposed development activity will not result in a degradation of the adopted levels of service for specified public facilities and services. The SYMCON also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards.

All applications for plat, site plan or building permit approval shall demonstrate that the proposed development does not degrade adopted levels of service in the town. 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.

(B)

Determination of Available Capacity: For purposes of these regulations, the available capacity of a facility shall be determined by:

(1)

Calculating the total design capacity of existing and proposed facilities operating at the required level of service and available concurrent with the impact of the proposed development.

(2)

Subtracting from that number the sum of the capacity demand for the service created by existing or previously approved development and the new capacity demand for the service that will be created concurrent with the impacts of the proposed development.

A plat, site plan or building permit subject to an adequacy determination shall be approvable only if one or more of the following is shown:

(i)

The facilities necessary to provide adequate levels of service are in place at the time the impacts of development occur.

(ii)

Construction of the new facilities necessary to provide adequate levels of service is under way at the time of development approval.

(iii)

The necessary facilities are the subject of a binding, executed contract for the construction of the facilities, to be constructed within a period of time as stipulated in the contract, or for the provision of services at the time the development permit is issued.

(iv)

The necessary facilities have been funded in the current fiscal year budget of the town, county or state capital improvement program.

(v)

The necessary facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pur-suant to Section 163.3220, Florida Statutes, or an agreement or development order pursuant to Chapter 380, Florida Statutes. Such facilities must be consistent with the capital improvements element of the town/county comprehensive plan and approved by the town.

(vi)

The developer has contributed funds to the town/county necessary to provide the necessary facilities consistent with the Capital Improvements Element of the Town/County Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the town/county or other applicable governmental entity.

(C)

Burden of Showing Compliance on Developer: The burden of showing compliance with adopted levels of service standards shall be that of the developer. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards. The development services department shall supply concurrency management forms to be completed by the developer.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

Development Subject to Adequacy Determination:

(1)

For plats or replats, or for site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously vacant land, except that specified in subsection (A)(3) below, shall be subject to adequacy determination unless a current site plan is in effect for the development.

(2)

For plats or replats, or for site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously improved lands shall be subject to an adequacy determination for the additional trips that equals the difference between the trips to be generated by the proposed development and the trips to be generated by any existing development. Existing development shall be construed to include previous development demolished no earlier than eighteen (18) months previous to the date the final plat application is submitted, or the application for a site plan or building permit approval is submitted.

(3)

For a replat, or an amendment to a note on a plat, or a requirement to place a note on a plat, where property was platted after March 20, 1979, an adequacy determination shall be required for only those additional trips that equal the difference between the previous plat and the replat, or the previous note and the proposed amendment to the note, or the development approved by the county commission at the time of plat approval and the proposed note to be placed on the plat.

(B)

Development Exempt from Adequacy Determination:

(1)

An application for a building permit within a development with an approved, valid development order issued pursuant to the requirements of Chapter 380, Florida Statutes.

(2)

Applications for building permits for existing development which do not result in an increase in the number of dwelling units or otherwise increase service demands of the development.

(3)

With respect to the review for adequacy of the regional transportation system only, a concurrency review shall not be required for construction of one (1) single-family or duplex dwelling on a lot or parcel of record prior to March 1, 1989.

(4)

Development not subject to an adequacy determination pursuant to paragraph (A) above.

(5)

Development not subject to an adequacy determination pursuant to the de minimis exception as set forth in this subparagraph:

(a)

If the proposed development is within a compact deferral area, it shall be deemed a de minimis exception to the adequacy determination requirements if the proposed development meets all of the following criteria:

1.

For the proposed development on vacant land, the residential density shall not exceed an average of four (4) dwelling units per gross acre and the nonresidential floor area shall not exceed ten (10) percent of the gross land area.

2.

For the proposed redevelopment of developed property, the number of proposed dwelling units shall not exceed twice the number of existing dwelling units, and the proposed gross floor area for nonresidential use shall not exceed twice the existing floor area. Conversions between residential and nonresidential uses shall not exceed twice the floor area of the original use.

3.

The traffic generated by the proposed development on the overcapacity link does not exceed one-tenth (0.1) of one (1) percent of the capacity of that link at the adopted level of service.

4.

The cumulative impact of such exemptions shall not exceed three (3) percent of the capacity of any overcapacity link at its adopted level of service.

5.

The total traffic generated by the proposed development shall not exceed five hundred (500) trips per day. If this provision is applied more than once on a parcel of land, then the cumulative total traffic generated by all such applications shall not exceed five hundred (500) trips per day, per plat, or per parcel of land for unplatted property which was a parcel of record as of March 20, 1979.

6.

A notation is placed on the face of the plat, or is recorded against the property via separate document if the application is not for a plat, stating that if a building permit for a principal building is not issued on the subject property within three (3) years of the issuance of the development permit, that the town's finding of adequacy of the regional road network has expired, and that no additional building permits shall be issued unless the Town of Davie makes a new finding that the application satisfies the adequacy requirements of the regional road network.

7.

If development is approved pursuant to this provision, in order to retain its de minimis exception designation, the use for which such development is approved may only be amended provided such development continues to be consistent with the criteria contained within this subsection.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 94-25, § 1, 8-3-94)

The following level of service standards are excerpts from the comprehensive plan. These standards are provided to implement the level of service standards adopted in the plan.

(A)

Potable Water:

(1)

The minimum design flow capacity requirement for residential and nonresidential connections shall be in accordance with Policy 6-1 and the table of anticipated average daily flows included in the sanitary sewer, solid water, drainage, potable water and natural groundwater aquifer recharge element, hereinafter referred to as the "utilities" element, of the comprehensive plan.

(2)

Development activity shall not be approved unless there is sufficient available capacity through public or private systems to sustain the levels of service for potable water as established in the potable water section of the utilities element of the comprehensive plan. Potable water systems include publicly and privately owned water treatment facilities and wells on individual parcels of land which will provide for the needs of the proposed developments.

(3)

All new development shall connect to an approved water supply in accordance with town and Broward County Public Health Unit specifications and requirements.

(B)

i;Sanitary Sewer:

(1)

The minimum design flow capacity requirements for residential and nonresidential connections shall be in accordance with Policy 1-1 and the table of anticipated average daily flows included in the utilities element of the comprehensive plan.

(2)

Development activities shall not be approved unless there is sufficient available capacity through public or private sanitary sewer systems to sustain the levels of service for wastewater treatment as established in the sanitary sewer section of the utilities element of the comprehensive plan. Sanitary sewer systems include publicly and privately owned sanitary sewer systems on individual parcels of land which will provide for the needs of the proposed development and meet all legal requirements.

(3)

All new development shall connect to an approved wastewater treatment in accordance with town and environmental quality control board (EQCB) specifications and requirements.

(4)

Measurement of water and wastewater facilities will be based on design capacities and service flows. Usage and discharge will be based on adopted level of service standards. These levels may be amended after consideration and town approval of engineering studies provided by the developer.

(C) Transportation:

(1)

Level of service. Development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service for transportation systems as established in the Traffic Circulation Element of the Town Comprehensive Plan: The minimum level of service standard for all transportation facilities is "D," according to the current Florida Department of Transportation "Table of Generalized Daily Level of Service Maximum Volumes."

(2)

Determination of project impact. The traffic impact of a proposed development shall be determined using the following guidelines:

(a)

The limits of the area of impact of the proposed development, referred to as the traffic shed, shall be determined in accordance with Broward County Land Development Code Trafficways Plan criteria. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. If the town/county has designated sectors of the county for determining development impacts and planning capital improvements, such sectors or planning areas may be used.

(b)

The projected level of service for arterials and collectors within the traffic shed shall be calculated based upon estimated trips to be generated by the project and taking into consideration the impact of other approved, but not completed, developments within the traffic shed. Information on community development within the traffic shed shall be provided by the town/county.

(c)

Trips model. The computer model maintained in the Broward County Office of Planning, or equivalent newly developed model, which evaluates the distribution and assignment of traffic from a given development, will be used to evaluate traffic impacts of a development proposal.

(d)

110 percent maintain. This concept as defined in the Traffic Circulation Element of the Davie Comprehensive Plan shall be used in determining project approval.

(e)

The projected and adopted level of service shall be compared to determine whether the proposed project will degrade the adopted level of service standards.

(f)

All necessary rights-of-way shall be dedicated prior to development approval.

(g)

All roadway improvements shall be constructed in compliance with Town of Davie, Broward County or state engineering specifications and requirements as established by the applicable permitting agency.

(h)

Development permits will be issued in compliance with Policy 2.1-2 of the Comprehensive Plan Traffic Circulation Element, which allow development permits to be issued only in the following circumstances:

1.

The property is not within a compact deferral area, and the project will not impact a road segment that would deteriorate to a level of service below D on the TRIPS model if the trips from the proposed development are approved; or

2.

The property is within the compact deferral area for any road segment that would deteriorate to a level of service below D on the TRIPS model but one of the following additional conditions applies:

a.

There is an approved action plan to accommodate the traffic impact of the development; or

b.

The necessary improvements to provide a level of service D are under construction at the time a permit is issued; or

c.

The necessary improvements to provide level of service D are the subject of a binding, executed contract for the construction of the facilities; or

d.

The necessary improvements for level of service D have been included in Broward County's or the town's or FDOT's capital improvement program annual budget at the time a development permit is issued and although the facilities are not yet the subject of a binding contract for a construction, the town makes a determination that a contract to construct the improvement will be executed in the current fiscal year.

e.

The necessary facilities and services for level of service D are guaranteed in an enforceable development agreement.

f.

The proposed development does not place any trips on the over capacity roadway link.

g.

The subject area has been determined to be a special transportation area (STA) relating to roadway concurrency issues.

h.

The development is authorized by an approved development of regional impact (DRI) development order.

i.

The proposed development is found to have vested rights with regard to any affected roadway segments or infrastructure capacity reservations.

(3)

Measurements. The procedure for the initial measuring of highway capacities is the Florida DOT "Table of Generalized Daily Level-of-Service Maximum Volumes," made available to local government for use from January, 1989 through December, 1990. Future capacities standards will be issued by FDOT as necessary. The measurement of capacity may also be determined by substantiation in the form of engineering studies or other data. Traffic analysis techniques must be technically sound and justifiable as determined by the Broward County Office of Planning and the town engineer. Alterations to capacity on the state highway network shall require the opportunity for FDOT review. Measurement of county and state roads shall be in accordance with the development review requirements (section 5-182) of the Broward County Land Development Code. Any developments that are determined to be within or create a compact deferral area shall be reviewed in conjunction with Broward County Office of Planning and any other affected agencies to determine if an action plan can resolve the capacity deficiencies.

(D) Drainage System:

(1)

Development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service for the drainage system as established in the Drainage Section of the Utilities Element of the Comprehensive Plan. The level of service for water management shall consist of the following minimum design criteria:

(a)

Federal Emergency Management Administration (FEMA) criteria for minimum floor elevations of building sites and floodplain protection provisions. Exceptions to elevation standards necessary for flood protection may be made only to the degree that it would be impossible to comply with the elevation criteria without creating a greater probability of flooding existing buildings on adjacent lots.

(b)

Maximum allowable discharges of three-quarters of an inch per acre per day for properties west of 100th Avenue, and one and one-half (1½) inch per acre per day for properties east of 100th Avenue.

(2)

Measurement of drainage facilities will be based on the water management district basin design standards. Variations may exist for specific parcels but the overall effect of an area's drainage system must meet established water management practices criteria.

(E) Solid Waste:

(1)

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 Section of the Utilities Element of the Comprehensive Plan:

_____

_____

(2)

If waste collection services other than those provided by the town are to be used, a detailed waste management plan must be provided, which describes the means of collection and disposal. If a combination of service providers is proposed, information regarding the portion of the level of service requirement to be met by each shall be provided.

(3)

Measurement of solid waste shall be based on assumed generation rates and the design capacity of the landfill.

(F) Recreation:

(1)

Residential development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service for the recreation facilities as established in the Recreation and Open Space Element of the Comprehensive Plan:

The level of service (LOS) standard for recreation and open space lands as herein adopted is ten (10) acres per one thousand (1,000) population, with recreation lands comprising a minimum of three (3) acres per one thousand (1,000) population. The LOS standard shall be used to determine service adequacy at the earliest of the following processes:

(a)

Plat approval for properties requiring platting; or

(b)

During site plan approval for properties not requiring (re)platting pursuant to the platting requirements of the Implementation Section of the Future Lane Use Element of the Comprehensive Plan; or for properties platted prior to March 20, 1979; or

(c)

During building permit review.

The following table shall be used to determine population projection of the proposed development:

Special Classification: The average household size for lands designated "Special Classification" on the Town of Davie Land Use Plan Map shall be the average household size for the closest, less dense category referred to in the table above.

(2)

In lieu of the ten (10) acres per one thousand (1,000) population dedication for maintaining the level of service standard for recreation and open space lands, developers may, with the town's concurrence, pay an amount of money to be deposited for each dwelling unit to be constructed in accordance with a fee schedule set by the council by means of a resolution enacted by a majority of the council at a public hearing, with proper legal advertising, and which is on file in the town clerk's office. The sum shall be nonrefundable.

(3)

Such amounts shall be deposited prior to the issuance of building permits for the construction of each dwelling unit.

(G) Police and Fire Protection: Development activities shall not be approved unless fire and police protection service will be adequate to protect people and property in the proposed development. A finding that adequate fire protection service is available shall be based upon a demonstration that adequate fire apparatus and an adequate water supply are available to service the fire protection needs of the new development.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

Responsibility: The director of development services, through his duties and authority as chairman of the development review committee, shall be responsible for monitoring development activity to ensure the development is consistent with the Town of Davie Comprehensive Plan. A concurrency monitoring system shall be instituted to verify that public facilities and services will be available at adopted levels of service concurrent with the impacts of the development on those prescribed facility or service standards.

(B)

Development Review: Applications for all development permits shall be submitted to the development services department in accordance with requirements contained in this chapter. Processing shall be in accordance with regularly scheduled meetings of the development review committee (DRC), site plan committee (SPC), planning and zoning board and town council. The development services department shall act as the monitoring entity of the town's Comprehensive Plan.

(C)

Required Information: The developer shall provide the required information of the project to the appropriate town department for review and verification. The development services department shall provide to the developer a matrix of required submittals based on the specific chronological stage of the development in process and the subject level of service standard, a glossary of concurrency, related terminology, a standard concurrency monitoring form and other material as may be amended from time to time to verify and monitor concurrency.

(D)

Concurrency Rights and Effective Period: Compliance will be determined and capacity reserved at time of council approval of plat or site plans or final approval of building permits or enforceable developer agreement for those concurrency matters under the authority of the Town of Davie. Applications for development approval shall be chronologically logged to determine rights to available capacity.

(E)

Development Permit Approval or Disapproval: Development permits shall be processed subject to a determination of concurrency compliance. If adequacy determinations of a project show unacceptable levels of service in any one of the necessary public facility or service standards, the project shall be denied by staff. A determination by staff of noncompliance with concurrency or adequacy requirements may be appealed through the administrative appeals procedure contained in Article X, Division 4.

(F)

Intergovernmental Coordination: The development services department shall coordinate concurrency activities within the town and other applicable agencies outside the town.

(Ord. No. 90-4, § 7, 2-21-90)

The proposed development shall be presumed to have the maximum impact on necessary services and facilities permitted under the most restrictive of the applicable land development regulations such as zoning regulations, the town land use plan or under applicable deed or plat restrictions. However, if a final site development plan has been approved by the council, then review shall be governed by the scope of development shown in the site development plan and any development order issued shall be conditioned on impact and development consistent with the site development plan filed. If any plat has been reviewed for adequacy of services at a developmental level less than the maximum permitted by applicable regulations, then a notation limiting the development to such lessor impact shall be designated on the face of the recorded plat.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

The council shall determine the reasonable proportion of any property to be developed that shall be required pursuant to this division to be granted, dedicated or reserved to the public. Such determinations shall be based upon a finding of a rational relationship between the required dedication, grant or reservation and the anticipated needs of the community, taking into account the immediate and direct impact of the proposed development and the long-term impact of continued approval of additional developments on necessary services and facilities in the affected geographical area. Any specific dedication requirements set forth in this division shall be a general standard or guideline, and in a proper factual situation may be reduced by the council to comply with this section.

(B)

The amount of money required to be deposited with the town in lieu of dedication requirements shall be determined pursuant to the specific standards set forth in this section. The use of such funds will be restricted to the acquisition, expansion and development of service facilities for new users, in a manner consistent with the principles set forth in Contractor & Builders Association v. City of Dunedin, 329 So.2d 314 (Fla. 1976), and otherwise consistent with all requirements of the constitutions of the United States and the State of Florida and all applicable laws.

(1)

Any monies required pursuant to this section shall be deposited with the town prior to the issuance of a development permit, unless otherwise provided in an agreement entered into pursuant to section 12-327 of this article.

(2)

After an applicant receives final site development plan approval or building permits are issued for the total development covered by a development permit previously received, if the development as reflected in the approved site plan or building permits issued is less intensive than the development that was used to compute required payment of monies pursuant to section 12-325 of this article, then, at the developer's request and upon appropriate proof, the town shall pay a rebate of that portion of the monies previously paid to the town which is proportional to the reduction in intensity. If the developer has dedicated land, then the amount of such rebate shall be that portion of the property appraiser's assessed value of the land at the time it was dedicated or the value of the land shown by better evidence of value presented to the town prior to the dedication which is proportional to the reduction in intensity. In either case, no rebate shall be paid by the town after a period of five (5) years has passed from the date of the issuance of the applicable development order, except that where an impact agreement pursuant to section 12-327 below provides a different period of time in which a rebate may be paid, the payment of rebates shall be governed by the time period specified in the agreement.

(C)

When an application for a development permit is made by a governmental agency for the construction of a public building, the town may waive, upon a request therefor, dedications of land, payments of money in lieu thereof, or other fees required by this section if the town finds that the proposed building will serve a public purpose and promote the public health, safety and welfare.

(D)

When an application for a development permit is made for the construction of a public housing project, a federally funded residential development, or a residential housing department in which there is financial involvement or sponsorship by a governmental agency, the town may waive, upon a request therefor, dedications of land, payments of money in lieu thereof, or other fees required by this article if the town finds that the proposed project or development will provide housing for families with a total family income of eighty (80) percent or less of the median income for Broward County according to the current Standard Metropolitan Statistics of the United States Department of Housing and Urban Development. Any such waiver shall be only for that portion of the development that meets the minimum income criteria.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

In lieu of the dedication of lands or the payment of fees in lieu of dedication as calculated under the specific standards of this article, or if compliance with one or more sections of this article can be ensured only if the nature and scope of the proposed development is identified by means other than that provided in section 12-325 of this article, any applicant may propose to enter into an impact agreement with the town, designed to establish just and equitable fees or their equivalent and standards for service need appropriate to the circumstances of the specific development proposed. Such an agreement may include, but shall not be limited to, provisions which:

(1)

Modify the presumption of maximum impact set forth in section 12-325 of this article by specifying the nature of the proposed development for purposes of computing service needs generated; provided, that the agreement shall establish enforceable means for ensuring that the nature of the development will be substantially as agreed;

(2)

Provide a schedule and method for payment of the fees in a manner appropriate to the particular circumstances of the proposed development in lieu of the requirements for depositing fees set forth in section 12-326 of this article, which may include credit against required fees or dedications to the extent that there is an enforceable agreement between the developer and an appropriate governmental agency to either convey, lease or option property at less than value, which agreement meets in whole or in part the service needs generated by the development; provided, that the town receive, in a form acceptable to the council, security ensuring the payment of the fees subsequent to development permit approval, which security may be in the form of a cash bond, surety bond, an irrevocable letter of credit, negotiable certificate of deposit or escrow account, or a lien or mortgage on lands to be covered by the development order.

(3)

Provide restrictions on the use of the deposited fees that differ from those set forth in section 12-326 of this article; provided, that the parties to the agreement are satisfied that the fees will be used in a manner that benefits residents of the new users in the town.

(B)

Any agreement proposed by a developer pursuant to this section shall be presented to the council prior to the issuance of a development order. Any such agreement may provide for execution by mortgages, lien holders or contract purchasers in addition to the landowner, and may permit any party to record such agreement in the Official Records of Broward County. The council shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Contractors & Builders Association v. City of Dunedin, 329 So.2d 314 (Fla. 1976).

(Ord. No. 90-4, § 7, 2-21-90)

(A)

All improvements required from the developer as a condition to the approval of an application for a development permit shall be subject to the requirements pertaining to site development and engineering construction permits and shall be installed and completed before the issuance of a building permit. Any water, sewer, drainage or irrigation line proposed or required to be constructed within the paved portion of a proposed road right-of-way shall be installed and completed before acceptance of any proposed or required road improvements by the town.

(B)

All site development and engineering construction permits for work such as earth movement, including all types of excavation, grading, paving, underground utilities, sidewalks, seawalls, docks and bridges shall be issued by the Town of Davie Engineering Department.

(C)

All infrastructure required for a development may be installed prior to the recordation of the plat. However, such infrastruction shall be installed and completed only after a site development or engineering construction permit has been issued by the Town of Davie Engineering Department.

(Ord. No. 90-4, § 7, 2-21-90)

Prior to issuance of any land development permit, engineering permit or building permit, the applicant shall provide, in a form acceptable to the council, a cash bond, a surety bond executed by a company authorized to do business in the State of Florida, or an irrevocable letter of credit from a federally insured banking institution in sufficient amount to ensure the completion of all required public or private engineering infrastructure improvements within a reasonable timetable in accordance with a development construction schedule approved by the town engineer or before issuance of building certificates of occupancy. The amount of such improvement bonds shall be based on one hundred ten (110) percent of a construction cost estimate certified by a registered engineer of the State of Florida or a certified actual contractual value certified by a registered engineer of the State of Florida.

(A)

The council or it's designee is authorized to enforce such bonds, security deposits or other collateral agreements by appropriate legal proceedings. If the required improvements have not been completed within three (3) years or prior to certificate of occupancy, or as otherwise specifically indicated in the terms of such bond or other security, the council or it's designee may thereupon declare the bond or other security to be in default and require all the improvements be installed, regardless of the extent of the development at the time the bond or other security is declared to be in default. In addition to the council's authority to enforce agreements under this section, no certificate of occupancy shall be issued prior to the actual construction and installation of improvements provided for in the agreement, unless expressly authorized in the agreement.

(B)

With respect to improvements required by this article, where such improvements are required by and bonded by any other appropriate unit of local government, the council shall not require duplicate bonds or additional bonds unless it determines that the bond or security already required is inadequate to assure completion of such required improvements. Where such improvements are not required by and bonded to any other appropriate unit of government, the security shall be payable to the town.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2006-017, § 1, 6-21-06)

The applicant for any new development which will increase the demand for public services shall be responsible for providing the following prior to issuance of a certificate of occupancy or equivalent:

(A)

Dedication of right-of-way, as more particularly set forth in section 12-333.

(B)

All roadway and drainage improvements for those public and private rights-of-way lying within or adjacent to the proposed development and necessary for traffic safety, including, but not limited to, the following: pavement. rock base, fill, curbs. gutters. sidewalks, bikeways, guardrails, shoulder areas. swales, roadside recovery areas, bridges, drainage outlets. catch basins, drainage pipes, culverts, drainage ditches. headwalls, endwalls, rip-rap, traffic-control signs. and roadway markings, street name signs, identification signs, public street lighting, left- and right-turn lanes, median openings and traffic separators. Such improvements shall be in accordance with the applicable portions of the following: Minimum Standards Applicable to Public Rights-of-Way under Broward County Jurisdiction, the Manual for Uniform Minimum Standards for the Design, Construction, and Maintenance of Streets and Highways (the "Green Book"), the Grading and Drainage Regulations, and Standards and Drainage Design Criteria and Standards of the South Florida Water Management Division and local drainage district, and the Manual of Uniform Traffic Control Devices.

(C)

All infrastructure necessary to serve the proposed development, including, but not limited to, water and wastewater distribution and collection systems, fire services and hydrants. All such improvements shall be in accordance with the design standards required by the State Health Department, Broward County and the Town of Davie, as applicable.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2015-017, § 2(Exh. A), 6-10-15)

(A)

Except as set forth in paragraph (E) below, every lot or parcel shall be served by a publicly dedicated street; provided, however, that a developer may dedicate a private street if the following conditions are met:

(1)

Public right-of-way is not required to serve adjacent development that is shown on the Town of Davie Comprehensive Plan.

(2)

The proposed private street is not part of the required roadway system depicted in the Broward County Trafficways Plan.

(3)

A permanent access easement is granted for service and emergency vehicles and for maintenance of public and semipublic utilities.

(4)

A reciprocal easement for ingress and egress is granted all property owners and residents of the proposed development.

(5)

The proposed private street is identified on a plat, recorded in the Official Records of Broward County, with proper dedication of such street to a homeowners association or similar entity acceptable to the town attorney, and providing that the homeowners association or similar entity as responsible for operation and maintenance of such private street.

(6)

Private streets shall be designed and constructed to the same standards as public streets of the same classification.

(B)

Where development borders on or contains right-of-way for a railroad, expressway, drainage canal or waterway, a street may be required approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land and in compliance with all provisions of this section.

(C)

Reserve strips controlling access to streets shall be prohibited unless dedicated to the public.

(D)

New half or partial streets shall not be permitted unless the half or partial street constitutes adequate public access to the development in accordance with applicable design standards. Whenever a tract borders on an existing half or partial street the other part of the street shall be dedicated within such tract.

(E)

Exception for non-residential private streets. The requirements of paragraph (A)(5), above, do not apply to private streets within commercial developments provided that all other requirements are met.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2002-35, § 1, 10-16-02; Ord. No. O2024-015, § 2(Exh. A), 5-15-24)

(A)

At all section lines and one-quarter section lines an eighty-foot right-of-way shall be provided by the developer unless otherwise designated on the county trafficways plan or the Town's Local Road Master Plan. Where other public uses conflict with this requirement, the developer shall provide a sufficient right-of-way width in a location as determined by the engineering department. Where deviation from the grid pattern requirement of this provision is requested, alternative designs will be permitted if approved by the development review committee, upon a finding that substantially equivalent protection of public safety can be achieved without adhering to the grid pattern requirement.

(B)

The pattern of streets in new subdivisions shall provide for the continuation of existing streets properly aligned from adjoining areas or for their proper projection where adjoining land is not subdivided. Where street extensions into adjacent undeveloped land are necessary to ensure a coordinated street system, provisions for such future street or streets shall be made.

(C)

The arrangement of streets in new subdivisions or developments shall facilitate and coordinate with the desirable future platting of adjoining unplatted property of a similar character, and provide for local circulation and convenient access to neighborhood facilities.

(D)

Local residential streets shall be arranged so as to discourage their use by through-traffic. Residential streets shall not connect with industrial areas except in cases where it is unavoidable and ascertained so by the development review committee.

(E)

In the AG, A-1 and R-1 zoning district, culs-de-sac shall be limited to a maximum of twenty (20) percent except as provided for in section 12-288.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2002-35, § 1, 10-16-02; Ord. No. 2015-017, § 2(Exh. A), 6-10-15)

An applicant will be required to dedicate right-of-way in addition to the right-of-way requirements of Tables I, II, III and IV below in the following situations:

(1)

If proposed access from the development to an existing dedicated and accepted street does not meet the total right-of-way requirement for a complete road;

(2)

If the development has a greater impact on an existing road than that for which the roadway width had previously been designed;

(3)

If the development abuts or contains an existing street of inadequate right-of-way width; and

(4)

If the development abuts or contains a trafficways corridor as designated in the Broward County Trafficways Plan.

(5)

If the development abuts or contains a street identified in the town's local road master plan, as adopted by resolution.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2015-017, § 2(Exh. A), 6-10-15)

(A)

The placement and maintenance of shrubbery, above-the-ground sprinkler systems, mailboxes, signs, fences, tree trimmings, refuse, concrete blocks, rocks, pyramid-shaped cement curbstones, or any other organic, nonorganic or poisonous material which could cause a road or traffic hazard, or injury to pedestrians within the public street rights-of-way is prohibited.

(B)

The prohibitions contained in this section shall not apply in the following situations:

(1)

Trash for pickup. Properly packaged trash, waste material, refuse and other articles may be placed on the unpaved public right-of-way no more than twenty-four (24) hours before the next scheduled pickup.

(2)

Mailboxes. Property owners may place mailboxes in the unpaved public right-of-way when such placement is a prerequisite to mail delivery to their property, subject to United States Postal Service criteria.

(3)

Parking. Vehicular parking in the public right-of-way shall be governed by other applicable laws, ordinances.

(4)

Agents of town; utilities with easements. The prohibitions against placing or maintaining any object or material in public rights-of-way shall not apply to the town or its authorized agents, nor shall they apply to franchised public utilities operating within the scope of their easements or franchises.

(C)

All improvements within road rights-of-way (i.e. roads, sanitary sewer and water lines, sidewalks, bridges, etc.) shall require construction permits from the engineering department.

(Ord. No. 91-33, 9-4-91)

(A)

Alleys may be provided to serve residential, business, commercial and industrial areas and shall be a minimum of thirty (30) feet in width.

(B)

Changes in direction of the alignment of an alley shall be made on a centerline radius of not less than seventy-five (75) feet.

(C)

Deadend alleys shall be prohibited where possible, but if unavoidable shall be provided with adequate turnaround and facilities for service trucks at the dead-end, with a minimum external diameter of ninety (90) feet of right-of-way, or as determined to be adequate by the engineering department.

(D)

At intersections with streets or other alleys, a corner chord right-of-way based on not less than a 25-foot radius shall be provided by dedication or, if acceptable to the development services department, grant of easement.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

The length, width and shape of blocks shall be determined with due regard to:

(1)

Provisions of adequate building sites, suitable to the needs of the use contemplated;

(2)

Zoning requirements as to the lot sizes and dimensions;

(3)

Need for convenient and safe access, circulation and control of pedestrian and vehicular traffic;

(4)

Limitations and opportunities of topographic features.

(B)

Block lengths shall not exceed one thousand three hundred twenty (1,320) feet nor be less than five hundred (500) feet, unless found unavoidable by the development review committee. Where deviation from the grid pattern requirement of this provision is requested, alternative designs will be permitted if approved by the development review committee, upon a finding that substantially equivalent protection of the public safety can be achieved without adhering to the rigid pattern requirement.

(C)

Pedestrian crosswalks, of not less than ten (10) feet in width, may be required in blocks if necessary to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities in accordance with this article.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 2002-35, § 1, 10-16-02; Ord. No. O2024-015, § 2(Exh. A), 5-15-24)

(A)

The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and to the character of the area.

(B)

Lot dimensions and areas shall not be less than those specified by the applicable zoning regulations.

(C)

Side lot lines shall be substantially at right angles or radial to street lines.

(D)

The minimum arc frontage for lots abutting the turnaround of a cul-de-sac shall be twenty-five (25) feet for residential uses and sixty (60) feet for uses other than residential.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

The design of local streets shall comply with the requirements of the provisions and tables below, depending on the type of development proposed. Deviations from the numerical standards of Tables I, II, III and IV may be allowed, but only where approved by the development review committee upon a finding that substantially equivalent protection of the public safety can be achieved by alternative standards; provided, however, that no alternative standard having more than a ten (10) percent deviation from the numerical standard stated below shall be permitted. If a proposed development includes more than one type of use, the highest criteria shall apply.

(A) Residential Development: Residential streets shall be adequate to permit neighborhood traffic circulation to flow from the highest element of the hierarchical classification, the expressway, arterial or collector, to the lowest element, the local residential street. Circulation within a residential development shall be adequate when the criteria of the tables below are met and when collectors and local streets are provided which meet the standards below:

(1)

Design criteria. If all lots in a development are more than thirty-five thousand (35,000) square feet, the development shall conform to the minimum design standards of Table II. All other residential development shall conform to the minimum design standards of Tables I through IV.

(2)

Residential collector street. The residential collector street serves as the principal circulation facility within the residential neighborhood unit. Its function is to collect traffic from the interior and deliver it to the closest perimeter intraneighborhood transportation between the residential units and the local centers of attraction such as neighborhood shopping centers, schools, and neighborhood parks.

(a)

Collectors shall penetrate residential development without forming a continuous network, thus discouraging through-traffic. When discontinuity of local collectors is obtained by off-setting the intersections with the arterials or other collector streets, such off-setting shall at minimum comply with the requirements of subsection (A)(3) below.

(b)

Single-family residential lots smaller than one (1) acre shall have no direct access to four-lane collector streets. If the sides of adjoining residential lots abut the collector street, with the house and driveway facing the local street, the spacing between intersections shall be not less than two hundred fifty (250) feet, and a nonvehicular ingress and egress line shall be provided along the collector street. When the back of residential lots abut a collector street, a nonvehicular ingress and egress line shall be provided along the collector street. Group parking facilities, as for multifamily use, when located along a collector residential street, shall be served by driveways having a minimum spacing of two hundred fifty (250) feet.

(c)

In lands governed by the Rural Lifestyle Regulations, No more than twenty (20) percent of all new homes within residential development shall be located on culs-de-sac and "dead-end" streets. The town council may waive this requirement upon demonstration by the applicant that adjacent connections to another development or adjacent access points are not available.

(3)

Local residential street. The primary function of the local street is to provide the access of vehicles to residential development fronting on the street. Local streets shall provide access to residential development and connect local traffic from private driveways to collector streets. Local streets are required when connections of driveways or private streets to the collector would be otherwise closer than two hundred fifty (250) feet.

(a)

There shall be a minimum distance of two hundred fifty (250) feet between the intersection of any two (2) local streets with a single collector, except that there may be a minimum distance of one hundred twenty-five (125) feet between "T" intersections.

(b)

Local streets shall be patterned in such a way that continuous traffic from one collector to another collector is not possible.

(c)

A cul-de-sac, a dead-end street which provides for a turnaround at its end, shall provide a paved ninety-foot diameter turnaround.

(d)

A loop street, a local street which begins and ends at the same collector, shall be subject to the following requirements. A loop street may be designed with a right-angle corner serving as a cul-de-sac, providing that a recessed circular pavement at such corner allowing greater frontage for irregularly shaped lots is provided. A loop street may begin at a collector and end at a local street; provided, that the system does not exceed the maximum number of trips permitted.

(B) Commercial Development: Commercial development shall be designed to satisfy the needs generated by residential development. The size and location of the proposed commercial development shall be appropriate to support the proposed commercial use.

(1)

Commercial streets. Commercial streets shall be designed to facilitate the efficient and safe movement of vehicles from the trafficways to regional commercial facilities, and from collectors and local residential streets to community and neighborhood commercial development. The design of commercial streets shall comply with the standards of Table IV.

(2)

Pedestrian access. Neighborhood and community commercial facilities shall have an efficient and direct pedestrianway connection to the residential areas the facilities are intended to serve. The design of local commercial facilities shall allow pedestrian and bike riders direct access from adjacent neighborhood areas, with due consideration to the elimination of points of conflict between pedestrians and vehicles.

(C) Industrial Development: Industrial development shall be designed to provide easy and safe access for incoming raw materials and for the personnel operating the industrial facilities. Adequate location and size shall ensure that noise levels, smells and odors, vibration, radiation and other sources of nuisance will not affect residential development. Industrial streets shall comply with the standards of Table IV.

(Ord. No. 91-33, 9-4-91; Ord. No. 2002-35, § 1, 10-16-02)

TABLE I. RURAL

(GREATER THAN 2.5 ACRES GROSS)

TABLE II. LOW DENSITY RESIDENTIAL

(35,000 SQUARE FEET NET (a) TO 2.5 ACRES GROSS)

TABLE III. RESIDENTIAL DEVELOPMENT

TABLE IV. COMMERCIAL AND INDUSTRIAL DEVELOPMENT

(Ord. No. 90-4, § 7, 2-21-90)

(A)

No application for a building permit as required by Section 301 of the South Florida Building Code, 1984 Broward Edition, shall be approved or building permit issued unless it has met all applicable codes of the town.

(B)

All building permit applications shall expire six (6) months after their submission unless a building permit is issued prior to the six-month period.

(C)

Prior to the approval of any building permit application, the planning and zoning division shall determine whether such application shall require review by the development review committee.

(D)

Exemptions. No building permit application shall require review by the development review committee or other boards, except as required in Article XII, Division 3, Site Plan Requirements and Procedures, or Article XII, Division 1.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

All site plans and plats must be reviewed by the development review committee, except that the development services director may waive agency review in whole, or in part, under this section upon his determination that such review has already been made regarding the same land and no change in circumstances has occurred which necessitates further review. The director shall keep a record of all such waivers and the reason for waiver.

(A)

Establishment of committee:

(1)

Within the town administration there is hereby established a development review committee having the duties and responsibilities for coordination and review of all site plans and plats.

(2)

The membership of the development review committee shall include representatives of the town engineer, planning and zoning division, building division, parks and recreation department, utilities department, public works department, fire department and the police. The town administrator may add such other members to the committee as he may deem necessary to implement this article.

(B)

Duties: The duties of the development review committee shall include:

(1)

Review site plan and or plat applications;

(2)

Delineating areas of noncompliance with town development requirements;

(3)

Defining steps necessary to bring permit applications into compliance with development requirements;

(4)

Performing such additional duties as the town administrator may from time to time assign.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 99-40, § 5, 11-17-99; Ord. No. 2016-014, § 2(Exh. A), 7-27-16)

No application for a site plan and/or plat required by the Town Code shall be reviewed or development permit issued except in compliance with all applicable codes of the town.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

All applications for a site plan and/or plat shall be submitted and accepted in accordance with procedures established by the Code.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

No application for a site plan and/or plat shall be approved that does not comply with the following:

(1)

The Town of Davie Concurrency Management System;

(2)

The Town of Davie Future Land Use Plan;

(3)

The Land Development Code of the Town of Davie;

(4)

The applicable provision of this article;

(5)

All applicable provisions of this code and the South Florida Building Code.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

Any application for a site plan and/or plat required or authorized by the Code shall require approval by the council prior to the issuance of a development permit.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

Agency Review: Following receipt of an application for development review, the development services director shall forward a copy of the application and accompanying material to each representative of the development review committee.

(B)

Review Responsibilities:

(1)

Each reviewing agency shall prepare a staff report which sets forth in writing its comments and recommendations regarding the application for a development permit and shall forward such staff report to the development services director before the meeting of the development review committee.

(2)

Agency review responsibilities may be reassigned by the town administrator from time to time as necessary to more effectively perform the required reviews.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

Exempt Developments: Notwithstanding other provisions of the Code, the following activities shall not require approval by the council:

(1)

Signs;

(2)

Demolition of a structure;

(3)

Diminution in size of a structure.

(B)

Review and Action: At a regularly scheduled public meeting of the town council, the council shall review the development application for conformity to the Code of Davie and shall act upon the application.

(C)

Approval, Denial and Approval with Conditions: The council shall make one of the following determinations.

(1)

That the development application is in conformance with the Code and applicable standards, in which case the council shall grant approval of the application;

(2)

That the development application is not in compliance with the Code and applicable standards, in which case the council shall deny the application;

(3)

That the development application is not in compliance with the Code and applicable standards, but conditions have been determined by the council to be reasonably necessary to compliance with the Code and applicable standards, in which case the council shall grant approval of the application with the conditions.

(D)

Deferral of Final Determination: A final determination upon a development application for a development order by the council under this section may be deferred if:

(1)

The council finds that available information is insufficient on which to base either approval or denial of a particular development application and the council directs or has directed that a specific study commence to provide the council with information sufficient to form the basis on which to approve or deny the application, and the study will be completed within six (6) months from the date of the council's determination under this subsection. Provided, however, as a prerequisite to directing that a specific study commence to provide the council with information sufficient to form the basis on which to approve or deny the development application, the council shall identify the inadequacy of the information available with respect to the application; or

(2)

The council determines that adequate public services required by the Code or Broward County are not available, but are planned to become available in the future, in which case the council shall defer action until adequate services are available; approve the application subject to the condition that either no building permit or no certificate of occupancy shall be issued until adequate services are available; or approve an application that the developer enter into an impact agreement to construct development of a type that can be adequately served by existing or planned facilities or to provide facilities sufficient to adequately serve the proposed development.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

(A)

All developments constructed within the town limits of the Town of Davie and requiring a site development plan shall conform to such plan as approved by the town council prior to the issuance of a permanent certificate of occupancy.

(B)

It shall be the responsibility of the development services department to verify to compliance of all projects constructed, to be in accordance with the site development plan prior to issuance of a certificate of occupancy.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91)

In order to properly protect existing and future water supply wellfields in Davie, the town shall be governed by the "Potable Water Wellfield Protection Ordinance", Broward County Ordinance No. 84-60, Broward County Charter and Chapter 125, Florida Statutes as amended. The provisions of this chapter shall be effective within Davie and shall set prohibitions and restrictions within identified zones of influence surrounding wellfields, thereby protecting public utility potable water supply wells from contamination by hazardous or toxic substances.

(Ord. No. 91-33, 9-4-91)

The review of applications for site plans, master plans, and building permits for activities within recycling, scrap metal processing and automobile wrecking yards that were developed as legal conforming uses under the Hacienda Village or Broward County codes shall be limited in area to that part of the applicant's property that is the subject of the application. The proposed development within the area that is the subject of an application shall conform to the town code in effect at the time of the application.

Commentary: Landowners with an existing recycling, scrap metal processing, and automobile wrecking yard use developed under the Hacienda Village or Broward County codes were subject to less restrictive use regulations, such as no requirements for open space. As these properties develop and redevelop under the more restrictive use regulations of the Town of Davie Code, such as a twenty (20) percent open space requirement, the properties will be allowed to come into compliance incrementally by requiring only that part of the property being developed or redeveloped to achieve conformity with the town Code, so long as the overall site adheres to the requirements of [section] 12-34(HH)(10).

(Ord. No. 2007-013, § 9, 6-20-07)

Pursuant to the Public School Facilities Element (PSFE) of the Town of Davie Comprehensive Plan and the Third Amended and Restated Interlocal Agreement for Public School Facility Planning (TRILA), the town, in collaboration with the School Board of Broward County (school board), shall ensure public school facilities will be available for current and future students consistent with available financial resources and adopted level of service standards and that such facilities will be available concurrent with the impact of proposed residential development.

(A)

Applications Subject to a Public School Concurrency Determination: The town shall not approve an application for a residential plat, replat, plat note amendment, or any site plan, until the school board has reported that the school concurrency requirement has been satisfied or unless the town has determined that the application is exempt or vested.

(B)

Exemptions and Vested Development:

(1)

The following residential applications shall be exempt from the requirements of public school concurrency:

(a)

An application which generates less than one student at each school level in the relevant Concurrency Service Area (CSA). Such development shall never-the-less be subject to the payment of school impact fees.

(b)

An application for age restricted communities with no permanent residents under the age of eighteen (18). Exemption for an age restricted community shall only be applicable provided that a recorded Restrictive Covenant prohibiting the residence of school aged children in a manner not inconsistent with federal, state or local law or regulations is provided.

(c)

A Development of Regional Impact (DRI) with a development order issued before July 1, 2005 or an application submitted before May 1, 2005.

(d)

As may otherwise be exempted by Florida Statutes, including, but not limited to, applications within municipalities which meet specific qualifying criteria outlined in the statute and approved by the school board.

(2)

The following residential applications shall be vested from the requirements of public school concurrency:

(a)

Any application located within a previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:

1.

The mitigation to address the impact of the new students anticipated from the development has been accepted by the school board consistent with School Board Policy 1161, entitled "Growth Management," as may be amended from time to time, and;

2.

A Declaration of Restrictive Covenant executed and recorded by the Developer, or the development is located within a boundary area that is subject to an executed and recorded tri-party agreement (between the school board, local government and the applicant) consistent with School Board Policy 1161, as may be amended from time to time.

(b)

Any application which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed application. This includes any unexpired application approved by the town between February 2, 1979, and the effective date of the Public School Facilities Element and other related amendments regarding school concurrency to the Comprehensive Plan.

(c)

Any residential site plan (or functional equivalent) that has received final approval, and which has not expired, prior to the effective date of public school concurrency.

(3)

To be exempt or vested from the requirements of public school concurrency, an applicant seeking such a determination shall be required to submit documentation with the application to the town which shall include written evidence sufficient to verify that the subject development meets the exemptions stated herein, and as such, is exempt from the requirements of public school concurrency. The town shall transmit or provide written information to the school board indicating that the units in the application are vested.

(C)

Level of service standards: The minimum level of service (LOS) for public school facilities shall be as follows:

(1)

School Type A is a bounded elementary, middle or high school that has the equivalent of at least ten (10) percent of its permanent Florida Inventory of School Houses (FISH) capacity available onsite in relocatables. The level of service (LOS) for School Type A shall be one hundred (100) percent gross capacity (including relocatables).

(2)

School Type B is a bounded elementary, middle or high school that has less than the equivalent of ten (10) percent of its permanent FISH capacity available onsite in relocatables. The LOS for School Type B shall be one hundred ten (110) percent permanent FISH capacity.

The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective Five-Year Adopted District Educational Facilities Plan (DEFP).

(D)

Concurrency Service Areas (CSAs): The areas for the implementation of public school concurrency in Broward County shall be known as Concurrency Service Areas (CSA), and such CSA's shall be the approved school boundaries for elementary, middle and high schools as annually adopted by the school board. For the purposes of public school concurrency, such CSAs shall be effective on the first day of the school year and end on the last day before the beginning of the next school year.

(E)

Student Generation Rates: The Broward County adopted student generation rate(s) contained in Broward County Land Development Code Section 5-182(m)(6) "Student Generation Rates" shall be utilized to determine the potential student impact anticipated from the residential development proposed in submitted applications.

(F)

Review procedure:

(1)

Public School Impact Application (PSIA). Any applicant submitting an application with a residential component, that is not exempt or vested, is subject to public school concurrency and shall be required to submit a Public School Impact Application (PSIA) for review by the school district. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school district shall be required prior to acceptance of the application by the town.

(2)

School Capacity Availability Determination Letter (SCAD).

(a)

No residential application or amendments thereto, shall be approved by the town, unless the residential development is exempt or vested from the requirements of public school concurrency, or until a School Capacity Availability Determination (SCAD) Letter has been received from the school district confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the school board. The SCAD letter shall be sent to the applicant, the Broward County Development Management Division and the town with jurisdiction over the subject development, no later than forty-five (45) days after acceptance of the completed PSIA by the school district.

(b)

The school district shall determine the potential student impact from proposed residential development on the applicable CSA by performing the review procedure specified in School Board Policy 1161, as amended.

(c)

If the school district determines that sufficient capacity is available at the adopted LOS to accommodate students anticipated from the development, the School District shall issue a SCAD Letter indicating that adequate school facilities exist to accommodate the student impact and that the proposed development satisfies public school concurrency requirements.

(d)

If the SCAD Letter states that the development has not satisfied public school concurrency requirements, the SCAD Letter shall state the basis for such determination, and the applicant shall have thirty (30) days to propose proportionate share mitigation to the school district.

(e)

If the applicant proposes proportionate share mitigation within the thirty (30) day deadline, upon the subsequent acceptance of the proposed mitigation by the school board, and upon the execution of a legally binding document among the school board, the town (if applicable) and the applicant, an amended SCAD Letter shall state that adequate capacity anticipated from the accepted proportionate share mitigation will be available to accommodate the student impact anticipated from the proposed development and that the proposed development satisfies public school concurrency requirements. The total amount committed for any mitigation option shall not be less than the school impact fees due for the proposed units as calculated based upon the adopted school impact fee schedule provided in section 5-182(m)(3) of the Broward County Code of Ordinances. The school impact fee for the development shall be considered included in the total proportionate share mitigation amount due or paid. If the proportionate share mitigation is not accepted by the school board, the Amended SCAD Letter shall state the basis upon which the mitigation proposal(s) was rejected and why the development is not in compliance with public school concurrency requirements.

(f)

An applicant adversely impacted by a SCAD determination may appeal such determination by written request to the school board within the designated thirty (30) day time period. A timely request for an appeal shall stay the requirement for an applicant to propose proportionate share mitigation until the appeal has been resolved.

(G)

Term of Public School Concurrency:

(1)

The public school concurrency approval for a residential application shall expire if development does not commence, as outlined in (2) below, within five (5) years following the date of town approval.

(2)

If a residential application receives town approval, the development and anticipated students shall be considered vested for up to five (5) years from the date of town approval. Vesting of a residential application beyond the five (5) years requires that one of the following conditions are met within the five (5) year period: 1) the issuance of a building permit for a principal building and first inspection approval or 2) substantial completion of project water lines, sewer lines and the rock base for internal roads. If the development is denied, the school board shall deduct students associated with the development from its database.

(Ord. No. 2008-033, § 2, 9-17-08; Ord. No. 2011-27, § 2, 8-17-11; Ord. No. O2020-005, § 2(Exh. A), 3-4-20)