(a)

Concurrency management shall be in accordance with F.S. § 163.3180, and based upon the County Comprehensive Plan Capital Improvements Element, Future Land Use Element, Traffic Circulation Element, Sanitary Sewer Element, Solid Waste Element, Potable Water Element, and the applicable adopted levels of service (LOS). The Concurrency Management System is designed to ensure the issuance of a final development order will not result in a degradation of the adopted level of service.

(b)

All applications for development orders or permits shall demonstrate that the proposed development satisfies adopted levels of service in the County as set forth in the County Comprehensive Plan. A level of service may be lowered during a period of construction of new facilities if upon completion of the new facilities the adopted levels of service will be met.

(LDR, § 5000; Ord. No. 2012-01, § 5000, 5-22-2012)

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

(LDR, § 5200; Ord. No. 2012-01, § 5200, 5-22-2012)

(a)

The initial notification of determination of concurrency occurs during the review of the development plan, and shall include compliance with the levels of service standards adopted by the County in the Comprehensive Plan.

(b)

Reservations for LOS may be requested as part of the submission of the development plan. Such reservations may be granted by the Board of County Commissioners only upon its approval of a preliminary plan and submission of evidence that the developer has applied for necessary State, Federal and local permits.

(LDR, § 5300; Ord. No. 2012-01, § 5300, 5-22-2012)

Development activities shall not be approved unless they meet the applicable levels of service established in the County Comprehensive Plan.

(LDR, § 5400; Ord. No. 2012-01, § 5400, 5-22-2012)

For purposes of these regulations the available capacity of a facility shall be demonstrated by the developer and determined by the following provisions:

(1)

Add together the following items:

a.

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

b.

The total capacity of new infrastructure, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

1.

Construction of the new infrastructure is under way at the time of issuance of the final development order or is a recognized project included in the first three years of FDOT five-year work program.

2.

The new infrastructure is the subject of a binding executed contract for the construction of the infrastructure or the provision of services at the time of issuance of the final development order.

3.

The new infrastructure is guaranteed in an enforceable development agreement. An enforceable development agreement may include, but not be limited to, development agreements pursuant to the Local Government Agreement Act (F.S. §§ 163.3220 through 163.3243) or an agreement or development order pursuant to F.S. ch. 380. Such infrastructure shall be consistent with the Capital Improvements Element of the County Comprehensive Plan. The agreement must guarantee that the necessary infrastructure and services will be in place when the impacts of the development occur.

(2)

Subtract from the sum of Subsection (1) of this section the sum of the following items:

a.

The demand for the service or facility created by existing development as documented in the County Comprehensive Plan; and

b.

The demand for the service or facility created by the anticipated completion of other approved developments, re-development, or other development activity.

(LDR, § 5101; Ord. No. 2012-01, § 5101, 5-22-2012)

The impact of proposed development activity on available capacity shall be determined as follows:

(1)

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

(2)

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

(LDR, § 5102; Ord. No. 2012-01, § 5102, 5-22-2012)

Where available capacity cannot be shown, one of the following methods shall be used to maintain the adopted level of service:

(1)

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

(2)

The proposed project may be altered, provided that the projected level of service is no less than the adopted level of service.

(3)

For roads and mass transit designated in the adopted plan, concurrency may be satisfied by complying with the standards in F.S. § 163.3180 and the County Comprehensive Plan.

(LDR, § 5103; Ord. No. 2012-01, § 5103, 5-22-2012)