The purpose of this section is to ensure that facilities and services needed to support development are available concurrent with the impacts of development. The following public facilities and services are subject to concurrency evaluation: roads, potable water, sanitary sewer, drainage, solid waste, and recreation.

Except as otherwise provided, no development proposal submitted after the effective date of this code shall be approved unless public facilities are or will be available to serve a proposed development, such that the adopted levels of service are maintained, concurrent with the impacts of the proposed development. Prior to concurrency approval for a proposed development, the following conditions shall be met, as applicable:

(A)

Potable water, sewer, solid waste, and drainage. The concurrency requirement may be met through one of the following conditions:

1.

The necessary facilities and services are in place at the time a development permit is issued; or

2.

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or

3.

The necessary facilities are under construction at the time a permit is issued; or

4.

The necessary facilities and services are guaranteed in an enforceable development agreement that includes provisions 1.—3. above. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to section F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380. The agreement shall guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(B)

Roads. The concurrency requirement may be met by satisfying the conditions listed in paragraphs (A)(1)—(4) above, and by complying with the following standards:

1.

The capital improvements element and five-year schedule of capital improvements must be financially feasible, and may recognize and include transportation projects listed in the first three years of the applicable FDOT five-year work program.

2.

The five-year schedule of capital improvements must include facilities necessary to maintain the adopted level of service standards to serve the proposed new development, and the facilities necessary to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period in which the capital improvements plan is to be implemented.

3.

The capital improvements element and five-year schedule of capital improvements must be based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit.

4.

The five-year schedule of capital improvements must include the estimated date of commencement of actual construction and the estimated date of project completion.

5.

The five-year schedule of capital improvements must demonstrate that the actual construction of the road must be scheduled to commence in or before the third year of the five-year schedule.

6.

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

7.

The town will adopt land development regulations which, in conjunction with the capital improvements element, ensure that development orders and permits are issued in a manner that will assure that the necessary public facilities will be available to accommodate the impact of that development.

8.

A monitoring system shall be adopted which enables the town to determine whether it is adhering to the adopted level of service standards and its capital improvements schedule.

9.

The comprehensive plan shall clearly designate those areas within which facilities will be provided by the town with public funds in accordance with the five-year schedule of capital improvements.

(C)

Parks and recreation. The concurrency requirement may be met by satisfying the conditions listed in paragraphs (A)(1)—(4) above, or by complying with the following standards:

1.

At the time the development permit is issued, the necessary public facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required public facilities or the provision of services within one year of the issuance of the development permit; or

2.

The necessary public facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the public facilities or the provision of services within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380.

The concurrency management system (CMS) shall identify and inventory existing service capacities available for development. It shall include facility and service improvements approved in the first year of the town's five-year schedule of capital improvements. No development order or permit may be issued by the town which results in a reduction in LOS below the adopted standard.

6.01.02.01. Concurrency test statement.

Concurrency test statements shall be filed with and reviewed by the town, and a determination of concurrency shall be made prior to formal submittal of a development plan of any kind. This shall include issuance of building permits for residential development on existing lots where no plat or site development plan is required.

6.01.02.02. Procedure.

The following procedure shall be carried out in order to obtain a determination of concurrency:

1.

Prepare concurrency test statements on forms available at the development director's office.

2.

Completed concurrency test statements shall include the following information:

a.

A legal description of the site proposed to be developed along with a map identifying the site in relationship to the town's boundaries.

b.

A narrative description of the proposed development identifying the type of development and all land uses proposed within the site.

c.

Identification of all roadways adjacent to the site by name, pavement width, functional classification, jurisdiction (i.e., state, county or city jurisdiction), current capacity and existing LOS.

d.

Projected average daily traffic (ADT) and peak-hour traffic generated by the proposed development and the traffic distribution on the existing roadway(s).

e.

Projected potable water demand generated by the proposed development and identification of the service provider.

f.

Projected wastewater demand generated by the proposed development and identification of the service provider.

g.

Projected solid waste generation and identification of the service provider.

h.

Description of the stormwater management system for the proposed development. This description shall include the drainage basin in which the proposed project is located, method of treatment, system design parameters, and location of outfall.

i.

Identification of required park and recreation facilities, if any, and method of providing said facilities.

j.

A development schedule identifying the proposed date for the start of construction and the date of project completion.

Where required information is readily available, the development director may, at his discretion, obtain or calculate one or more of the above data requirements. However, it shall be the applicant's full responsibility to ensure that the concurrency test statement is complete and accurate.

The development director shall distribute the completed concurrency test statement to appropriate town departments charged with providing the identified services. Each department shall certify on the concurrency test statement whether or not there is sufficient capacity to service the development.

For any public service not provided by the Town of Dundee, the development director may waive capacity certification on a case-by-case basis if there is satisfactory evidence that capacity is available to support the proposed development. Drainage certification for single-family development on existing lots may be waived under the same conditions.

The applicant shall be notified within seven working days as to whether the proposed development meets the concurrency requirement. If the proposal is determined to meet concurrency, the applicant may proceed with the development process as set forth in other sections of this code. Proposals not meeting concurrency shall not be processed for review until and unless an agreement has been reached by the town and the developer to mitigate the identified deficiency.

Fees for staff review of concurrency test statements shall be established, and may be changed from time to time, by resolution of the town commission.

(Ord. No. 12-12, § 1, 2-14-12)

All development proposals submitted to the town for review shall be consistent with the data established in the concurrency test statement. Those exceeding the service demand levels established in the concurrency test statement shall not be processed. The applicant shall be provided with a written notice that a new concurrency test statement shall be required.

Where deficiencies have been identified, development plans based on an agreement to provide needed facilities and/or services shall be processed with the agreement as a condition of development approval. However, the town shall not be required to approve a development plan which meets the concurrency requirement but does not satisfy other provisions of this code.

Allocations of public facility and service capacities shall be on a first come, first served basis. Services shall be allocated at the following stages:

(A)

Subdivisions. On final approval of a subdivision plat, service capacities shall be allocated based on the approved plat. Allocation of service capacity shall be valid for five years from the date of final plat approval.

(B)

Site development plan. Those developments which are processed under the site development plan review procedures shall be allocated service capacities upon approval of the site development plan. Allocation of service capacity shall be valid for six months from the date of site development plan approval.

(C)

Single-family residential on existing lots. Prior to receiving a building permit for single-family structures on platted lots existing before the adoption of this code, or on non-subdivision lots established by metes and bounds legal description, the builder or property owner shall secure a certificate of concurrency from the development director. Allocation of service capacity shall be valid until the expiration date of the building permit or the issuance of a certificate of occupancy.

Through the concurrency management system, Dundee shall maintain the following levels of service for public facilities:

All development which was not approved through a subdivision plat, site development plan, or the issuance of a building permit prior to the date of adoption of this code shall be subject to an adequacy determination through the concurrency management system. An adequacy determination shall also be required for existing development where any improvement, expansion, or other change is proposed which may result in a greater demand for those public facilities addressed in this section. The development director shall determine whether a proposed change in existing development requires an adequacy determination.

As part of the adequacy determination, findings shall be made as to the amount of available capacity in those public facilities which are addressed in this section.

6.01.07.01. Adequacy of the road system.

The adequacy of the road network shall be evaluated according to conditions at the time the development plan or building permit is approved. Initial measurement of roadway capacities shall be carried out using data and methodology accepted by FDOT or other traffic analysis techniques which are technically justifiable as determined by the development director. Capacity ratings on the state highway network shall be approved by FDOT.

Any proposed development shall be required to address the adequacy of the town's road network as it relates to the projected traffic volumes generated by the development. If any affected road segment lacks capacity to accommodate the additional traffic generated at the adopted LOS, it shall be determined whether such capacity will be available if all of the transportation improvements contained in the town's comprehensive plan and/or that of Polk County are completed.

For the purpose of this section, improvements to state roads resulting in an improvement in the level of service, and which are scheduled to occur by the third year of the FDOT's five-year work program, shall be considered concurrent. If it is determined that such capacity will not be available, then the specific improvements necessary to enable the road network to reach such capacity shall be identified, through the completion of a detailed transportation study conducted by a professional in the field of transportation planning, and the application may be granted with an express condition regarding the adequacy of the town's transportation network. At the sole discretion of town commission, such condition shall require one of the following:

1.

That the applicant shall construct the necessary improvements proportional to the share of the additional capacity that is needed to accommodate traffic generated by the applicant's development; or

2.

That the applicant deposit money into a "road fund" equal to the share of the cost of the improvements that would otherwise be required.

A determination of facility deficiency shall be based on methodology presented in the 1985 or most recent edition of the Highway Capacity Manual of the Transportation Research Board of the American Association of State Highway and Transportation Officials (AASHTO) Research Council, Washington, D.C. It shall be the applicant's responsibility to provide the transportation data and analysis necessary for an adequacy determination.

At the development director's option, and where adequate capacity appears to be available, an alternate methodology may be used to establish non-deficiency. Table 6.1, Maximum Peak Hour Volume for Each Level of Service by Facility Type, may be used as a general indicator of current level of service and future level of service based on approval of the proposed development. This methodology may be used as a basis for development approval only if the calculated new level of service is higher than the adopted level of service standard. Where a capacity analysis using table 6.1 indicates the proposed development would create a new level of service equal to or below the adopted standard, a more detailed analysis shall be performed using the 1985 Highway Capacity Manual methodology. The final adequacy determination shall be based on the latter analysis.

Properties served by local roads or other roads for which traffic count information is unavailable shall be evaluated for impact on the nearest road(s) for which levels of service can be measured. The impact on the transportation system shall be determined by utilizing the trip generation standards set forth in the ITE Trip Generation Manual, fourth edition, or most recent. The estimated number of trips generated by the proposed development shall be subtracted cumulatively from the available capacity on the roadway to determine whether the roadway's capacity is adequate to support the development based on the impacted roadway's level of service.

TABLE 6.1. MAXIMUM PEAK HOUR VOLUME FOR EACH LEVEL OF
SERVICE BY FACILITY TYPE

Source: Tampa Bay Regional Planning Council, adapted from the FDOT District I 1986 General Highway Capacities table.

The calculation of total traffic generated by a proposed nonresidential or mixed use project will assume 100 percent buildout and occupancy of the project. Credit against the trip generation of nonresidential land uses may be taken utilizing the percentages shown in table 6.2. Any capture of trips from passing traffic in excess of these percentages must be justified by the applicant.

For mixed use development, the applicant shall justify any trips which will be absorbed internally by the project.

The procedures outlined in chapter 5 of the ITE Trip Generation Manual, fourth edition, pages 10—16, can be used to quantify pass-by trips. Dundee may consider these procedures in conjunction with locally derived data and table 6.2.

TABLE 6.2. TRIP CAPTURE RATIOS

6.01.07.02. Adequacy of drainage.

The proposed development shall be designed to provide adequate areas and easements for the construction and maintenance of a water management system to serve the proposed development and adjacent public rights-of-way in a manner that conforms to sound engineering standards. The development order shall require that the applicant meet the following LOS standards, where applicable, prior to any plan approval:

(A)

Road protection. Residential streets having not more than 50 feet of pavement width shall have crown elevations equal to the 100-year flood elevation. Rights-of-way having greater than 50 feet of pavement width shall have a final edge of pavement elevation no lower than the 100-year flood elevation.

(B)

Buildings. The lower floor elevation for buildings shall be no lower than one foot above the 100-year elevation.

(C)

Offsite discharge. Offsite discharge is not to exceed the standards allowed by the Southwest Florida Water Management District and this code.

(D)

Storm sewers. The design frequency applicable to storm sewers is the 25-year, 24-hour storm event.

6.01.07.03. Adequacy of potable water service.

Potable water service must be available for the needs of the proposed development at the adopted LOS. The proposed development shall be designed so as to reserve rights-of-way, easements, and any other areas that may be needed for the installation and maintenance of a potable water distribution system which will meet all applicable building, health, and environmental regulations, including chapter 17-22, F.A.C.

Where adequate potable water capacity is available in the Town of Dundee's municipal water system, the concurrency test statement shall include a certification from the appropriate town official, stating that sufficient capacity exists as of the date of application. Such certification shall be based on the existing level of demand in addition to permitted development which has not been constructed, and any other development for which capacity has been reserved.

Where adequate potable water service will be made available at a future date concurrent with the impacts of the proposed development, an adequacy determination must be based on a financially feasible plan to construct or expand a water treatment facility which will have sufficient capacity to provide for the needs of the development. For purposes of the concurrency test statement, the development director shall certify that such a plan exists.

An agreement will be required between the town and the developer prior to approval in order to provide for the expansion of water treatment facilities necessary to serve the proposed development. Town approval of an application for plat approval shall not create a reservation of potable water plant or network capacity, or a commitment to provide service.

6.01.07.04. Adequacy of wastewater treatment and disposal services.

Sanitary sewer service must be available for the needs of the proposed development at the adopted LOS. The proposed development shall be designed so as to reserve rights-of-way, easements, and any other areas that may be needed for the installation and maintenance of a wastewater treatment and disposal system which will meet all applicable building, health, and environmental regulations.

Where adequate sanitary sewer capacity is available in the Town of Dundee's municipal wastewater treatment system, the concurrency test statement shall include a certification from the appropriate town official, stating that sufficient capacity exists as of the date of application. Such certification shall be based on the existing level of demand in addition to permitted development which has not been constructed, and any other development for which capacity has been reserved.

Where adequate sanitary sewer service will be made available at a future date concurrent with the impacts of the proposed development, an adequacy determination must be based on a financially feasible plan to construct or expand a wastewater treatment facility which will have sufficient capacity to provide for the needs of the development. For purposes of the concurrency test statement, the development director shall certify that such a plan exists.

An agreement will be required between the town and the developer prior to approval in order to provide for the expansion of wastewater treatment facilities necessary to serve the proposed development. Town approval of an application for plat approval shall not create a reservation of wastewater plant or network capacity, or a commitment to provide service.

(1)

Town as sole provider of service: Except as otherwise provided for herein and approved by the town, the town shall be the sole provider of water and wastewater (utility) service within its water and wastewater service area.

(2)

Availability of service: Any new improvements or new development located on any parcel of land within the town's limits or within the town's water and wastewater service area, shall be required to connect to the town's water and wastewater system at the time of development, if such service is reasonably available to such parcel. Water and/or wastewater service shall be deemed and defined as being reasonably available to the development when either:

(A)

A water line or gravity sewage collection line is placed in any public right-of-way, easement, or town property, abutting the front, rear, or side property lines of the development/improvement; or,

(B.1)

For a development/improvement with flows exceeding the flow from more than one standard single family house (more than one equivalent residential connection, an "ERC"), water and/or sewer service shall be considered to be reasonably available if a water line, or sewer line, force main, lift station, or plant exists in a public easement or right-of-way within 500 feet of the development/improvement; or,

(B.2)

For a development/improvement with flows exceeding the flow from more than four standard single family houses (more than four ERC's), water and/or sewer service shall be considered to be reasonably available if a water line, or sewer line, force main, lift station, or plant exists in a public easement or right-of-way within 2,640 feet of the development/improvement; or,

(B.3)

For a development/improvement with flows exceeding the flow from ten standard single family houses (more than ten ERC's), water and/or sewer service shall be considered to be reasonably available if a water line, or sewer line, force main, lift station, or plant exists in a public easement or right-of-way within 3,960 feet of the development/improvement; or,

(B.4)

For a development/improvement with flows exceeding the flow from 20 standard single family houses (more than 20 ERC's), water and/or sewer service shall be considered to be reasonably available if a water line, sewer line, force main, lift station, or plant exists in a public easement or right-of-way within 5,280 feet of the development/improvement.

(C)

Land shall not be developed in an incremental fashion in order to avoid the provisions of this ordinance. If development of a parent parcel would trigger a threshold given in this section, and a portion of the parent parcel is developed without triggering this threshold, then upon development of any portion of the remaining parcel which, when taken together with any previous development of the parent parcel, would trigger a threshold, the threshold will be applied to the entire parcel (i.e., the entire development will be required to connect to the utility system).

(3)

Utility system extensions: The developer/owner shall pay all costs associated with constructing the utility system extension components necessary to obtain service in accordance with section (2) of this section, with the exception of those components which are included in the Town's Water and Wastewater Master Plan. These costs shall include, but not be limited to, the cost of surveying, engineering, design, permitting, construction, supervision, site improvements, fabrications, construction, piping site restoration, hardware, as-built drawings, and final certifications. Utility system extension construction plans must be prepared by a professional engineer registered as such in the State of Florida in accordance with design criteria established by the town and other applicable regulatory agencies (which may include the Polk County Health Department, the Florida Department of Environmental Protection (FDEP), and the Florida Department of Transportation (FDOT), and shall be reviewed and permitted by the town and other applicable regulatory agencies. The completed improvements must then be inspected, approved, and accepted by the town for ownership and maintenance.

(4)

Developer's agreements: The town may require the developer/owner to enter into a developer's agreement with the town which sets forth in detail the terms and conditions under which the town will provide utility service to the developer's/owner's property. Such agreement shall be required when in the opinion of the town it is deemed that such an agreement is necessary to facilitate the construction of extensions of the town's utility system.

(5)

Impact fees: All new users shall pay impact fees on the basis of the number of ERC's proposed to be connected to the utility system. Impact fees shall be paid in full by all users connecting into the utility systems at the time application is made for a building or mobile home setup permit. Impact fees are required to defray necessary capital costs of the construction of water and wastewater utility facilities as specified in the town's master water and wastewater plan, and are based upon the amount of water and wastewater capacity required by the user. Impact fees shall be as determined by the town. If wastewater or water capacity usage by the new user exceeds the original estimate upon which the impact fees levied were based, the town reserves the right to collect the additional impact fees owed, based on the current Town impact fee schedule, for any additional incremental capacity used.

(6)

Applicability: The provisions of this section shall apply to all developments within the town water and wastewater service area for which construction plans are submitted to the Town or Polk County for approval on or after the effective date of this section.

(Ord. No. 98-07, § 1, 8-11-98; Ord. No. 03-01, § 1, 7-8-03)

6.01.07.05. Adequacy of solid waste disposal sites or facilities.

Solid waste disposal sites or facilities shall be available prior to development approval to provide for the needs of the proposed development at the LOS shown in section 6.01.06. Certification shall be made by Polk County, in a form acceptable to the development director, that adequate landfill capacity is available to meet the needs of the proposed development. Certification may be made on a project-by-project basis, or through a written statement, renewed at regular intervals, that sufficient capacity exists to meet the Town of Dundee's needs during a specific time period. In the latter instance, the development director shall provide solid waste disposal certification on the concurrency test statement.

A finding that solid waste disposal sites or facilities are available must be based on a demonstration that existing facilities have sufficient capacity to provide for the needs of the development proposed and for other developments in the service area which are occupied, or available for occupancy, for which building permits have been issued, or for which solid waste disposal capacity has been reserved. If existing capacity is unavailable, conditional approval may be granted if it is shown that there is a financially feasible plan to expand solid waste disposal capacity so that sufficient capacity will be available to accommodate the solid waste of the proposed development and for other developments within the service area which are occupied or available for occupancy, for which building permits are in effect, or for which solid waste disposal capacity has been reserved.

6.01.07.06. Adequacy of parks and recreational facilities.

Park and recreational facilities shall be available prior to development approval for any residential development to meet the needs of that development at adopted LOS. Calculations shall be based on average household size figures provided in the housing element of the comprehensive plan.

A finding that park and recreational facilities are available to serve a proposed residential development must be based upon a level of service calculation that includes other such developments, existing and permitted, for which capacity has been reserved. If existing capacity is not available, conditional approval may be granted if it is shown that there is a financially feasible plan to expand park and recreational facilities so that sufficient capacity will be available for the proposed development at the time that certificates of occupancy are anticipated to be requested.

If sufficient capacity does not exist for park and recreational facilities at the time that he seeks development approval, the developer may elect to donate land of suitable size, topography and general character to serve as a recreation facility which will meet the adopted LOS standard for park and recreational facilities, or make payment in lieu of land dedication.

(Ord. No. 12-12, § 1, 2-14-12)

The concurrency management system shall be monitored and updated annually. Monitoring and updating shall consist of summing all approved services during each year and subtracting those sums from the capacities available at the beginning of the concurrency period. Any capital improvement scheduled during the concurrency period and constructed or placed into service shall then be added to the capacity totals. In addition, any developer-sponsored facility or service placed into service as a result of mitigation shall be accounted for in the specific facility/service provided. Upon calculation of available capacities under this method, all capital improvements projects budgeted and approved by the town commission in the first year of its five-year schedule of capital improvements shall be added to the relevant capacities. The sums of all aforementioned calculations shall then be the available capacities for the next year. The following calculation shall be the basis of the annual concurrency monitoring system:

If capital projects identified in the first year of the town's five-year schedule of capital improvements were not constructed or placed into service during the identified concurrency period, those projects shall be subtracted from available capacities and, if not provided for in the capital budget, removed from capacity available for concurrency purposes. Development projects approved based on service capacities presumed to be available shall not be permitted to proceed until a method to mitigate any deficiency has been approved. Such mitigation shall include, but not be limited to, phasing of a development project, payment of monies to construct necessary facilities, or the construction of necessary facilities.

Any subdivision plat or site development plan for which construction has not begun within the timeframe specified in this code shall be considered lapsed and shall forfeit any allocation of service capacity. Upon forfeiture, all capacities so allocated shall be returned to the service/facility provider. The concurrency management system shall be approved by resolution of the town commission on the first regularly scheduled town commission meeting in September of each year.

(Ord. No. 12-12, § 1, 2-14-12)

A developer may challenge any concurrency determination made by the town by appealing the decision to the town commission. The appeal shall be accompanied by substantial, competent evidence that sufficient capacity does exist by virtue of the following:

1.

The impacts of the proposed development will differ from the impacts estimated by the town as a result of special circumstances of that development;

2.

Based on the town's own information, the analysis being used has an error in its base data;

3.

In the case of roads, the applicant presents evidence through travel speed, distance and time studies that impacted roadway links actually operate at higher levels of service than indicated by the town's analysis. Methodology for such travel speed/distance/time studies shall be certified by a licensed professional traffic engineer. In the event the travel speed/distance/time studies are warranted, the town or its agent shall conduct or commission such a study after receiving a fee from the applicant to cover the costs of conducting and analyzing the study. The applicant shall have the opportunity to review the methodology prior to the commencement of the study.

(Ord. No. 12-12, § 1, 2-14-12)

Where it appears, or it has been determined, that there is a lack of capacity to service a proposed development, the developer should consider a variety of methods for achieving compliance. Some possibilities are as follows:

(A)

Plan amendment. The developer may propose a plan amendment which lowers the adopted level of service standard for the affected facilities and/or services.

(B)

Reduce impact of development. The developer may propose a reduction in the scale or impact of the proposed development.

(C)

Phasing of development. The developer may propose a phasing of the proposed development to match the availability of capacity with the timing of each phase of the development. Specific conditions for permitting each phase to proceed shall be included in an enforceable development agreement or development order to ensure that necessary public facilities and services will be in place when the impacts of the development occur.

(D)

Development agreement. The developer may propose a development agreement assuring that the required facility capacity will be provided. Any development agreement must provide one or more of the following assurances, acceptable to the town in form and amount, to guarantee the applicant's pro rata share of the cost of completing or providing any public facilities and services which may be necessary to maintain the adopted level of service standards for the subject property:

1.

Cash escrow;

2.

Irrevocable letter of credit;

3.

Prepayment of capacity/connection charges.

Whenever an applicant's pro rata share of a public facility is less than the full cost of the facility, the town shall do one of the following:

1.

Contract with the applicant for the full cost of the facility, including terms regarding reimbursement of the applicant for costs in excess of the applicant's pro rata share; or

2.

Obtain assurances from other sources similar to those described above in this section; or

3.

Amend the comprehensive plan to modify the adopted level of service standard so as to reduce the required facility to equal the applicant's needs.

(E)

Alternative transportation study. Where a developer disagrees with the results obtained by the town in its concurrency review regarding transportation, a transportation study may be performed at the option and expense of the developer. The results of the study shall be considered by the town in subsequent determinations regarding the development's compliance with concurrency requirements.

(F)

Other transportation studies. For those roadway facilities which indicate a lower LOS than the adopted standard of the Town of Dundee comprehensive plan, the town shall allow applicants to perform an operating LOS assessment based upon procedures outlined in the 1985 Highway Capacity Manual. A discussion of any proposed transportation system management and/or mitigation strategies shall be included in the study. The transportation study shall be signed and sealed by a registered professional engineer. The cost of this assessment shall be borne by the applicant.

The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. Assurance to a developer that upon receipt of his development permit he may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development.

It is the intent of this section to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development, all in conformity with and to carry out the purposes of the Dundee comprehensive plan and the Local Government Comprehensive Planning and Land Development Regulation Act.

This intent is effected by exercising the authority granted the town to enter into development agreements with developers under F.S. §§ 163.3220—163.3243. This section shall be regarded as supplemental and additional to the powers conferred upon the town by other laws and shall not be regarded as in derogation of any powers now existing.

6.02.03.01. Application for development agreement.

The developer shall make application for a development agreement through the development director and pay an application fee set by resolution.

6.02.03.02. Public hearing.

Before entering into, amending or revoking a development agreement, the town shall conduct at least two public hearings, one of which shall be held by the planning and zoning board.

6.02.03.03. Notice of hearing.

Notice of intent to consider a development agreement shall be advertised approximately seven days before each public hearing in a newspaper of general circulation and readership in Polk County. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

6.02.03.04. Contents of notice.

The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.

(A)

Contents. A development agreement shall include the following:

1.

A legal description of the land subject to the agreement and the names of its legal and equitable owners.

2.

The duration of the agreement.

3.

The development uses permitted on the land, including population densities, and building intensities and height.

4.

A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development.

5.

A description of any reservation or dedication of land for public purposes.

6.

A description of all local development permits approved or needed to be approved for the development of the land.

7.

A finding that the development permitted or proposed is consistent with the town's comprehensive plan and land development regulations.

8.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the town for the public health, safety, or welfare of its citizens.

9.

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction.

10.

A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

(B)

Duration of agreement. The duration of a development agreement shall not exceed five years. It may be extended by mutual consent of the town and the developer, subject to a public hearing in accordance with 6.02.03.02—6.02.03.04 above.

6.02.04.01. Applicability of laws.

(A)

Consistency with plan and regulations. A development agreement and authorized development shall be consistent with the town's comprehensive plan and land development regulations.

(B)

Development governed by laws in effect at execution. The town's laws and policies governing the development of land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement.

(C)

Applicability of subsequent laws. The town may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the town has held a public hearing and determined:

1.

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

2.

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

3.

They are specifically anticipated and provided for in the development agreement;

4.

The town demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

5.

The development agreement is based on substantially inaccurate information supplied by the developer.

(D)

Rights vested pursuant to common law. This section does not abrogate any rights that may vest pursuant to common law.

(A)

Periodic review of agreements. The town shall inspect land subject to development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the town finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the town.

(B)

Amendment or cancellation of agreement. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(C)

Modification or revocation to comply with subsequent state and federal law. If state or federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws.

(A)

Recording of agreement. Within 14 days after the town enters into a development agreement, the town shall record the agreement with the clerk of the circuit court. A copy of the recorded development agreement shall be submitted to the department of community affairs within 14 days after the agreement is recorded. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(B)

Enforcement of agreement. Any party, any aggrieved or adversely affected person as defined in F.S. § 163.3215(2), or the department of community affairs may file an action for injunctive relief in circuit court to enforce the terms of a development agreement or to challenge the validity of the agreement.

(A)

Parks.

1.

Dedication of land for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with all concurrency management provisions of this article, the Town Code and the comprehensive plan. The standards provided herein are stipulated to implement policies within the recreation and open space element of the comprehensive plan. The standards shall apply to all residential applications for subdivision approval, except planned unit developments (PUDs), which shall be exempt from this requirement, because of the separate regulations contained in section 2.02.03.08 of this Code. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of land.

a.

The general level of service (LOS) standard of the town is four and one-half acres of land for parks and recreation for each 1,000 persons residing in the town.

b.

Based upon the average persons per dwelling unit of 2.58 in the town, the LOS is equal to 0.0116-acres/dwelling unit.

c.

As a condition of development, the applicant shall dedicate land to the Town of Dundee, pay a fee in lieu thereof, or a combination thereof, at the option of the town commission for park and recreation purposes at the time of approval of a final plat and according to the standards described in this section. The town commission may establish reasonable conditions for the acceptance of such land. A formula for Parkland Dedication or Fee In Lieu is attached as Exhibit "A" to Ordinance No. 05-72. [Refer to the end of this section.]

d.

The development director shall forward to the town commission the subdivision concept plan submitted by the developer. If it is demonstrated at the conceptual plan submission stage by the developer to the satisfaction of the town commission that no park or recreation facility can be located in whole of in part within the proposed development to serve the immediate and future needs of the residents of the development, than the town commission shall determine whether to pursue a land dedication or require the payment of a fee in lieu thereof, after consideration of the following:

1.

Topography, vegetation, hydrology, access and location of land in the development available for dedication;

2.

Whether there is a site of at least five acres or larger with a shape and natural features adaptive to passive or active recreation.

3.

The availability of potential alternate park land in a location substantially benefiting the development or the location of park land owned by the town that substantially benefits the development; and

4.

Consistency with the comprehensive plan and the park and recreation plan.

e.

Where a fee is required to be paid in lieu of land dedication, the value of the property shall be determined by a current appraisal acceptable to the town and paid for by the developer at the time of conceptual plan approval.

f.

The money collected shall be paid to the Town of Dundee and placed in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used, in the sole discretion of the town commission, for acquisition of parkland or for construction of capital improvements in existing parks, excluding maintenance or repair to existing facilities, in a manner that substantially benefits the development from which the money was received. If the town commission elects to utilize monies and accrued interest for construction of capital improvements in existing parks, such capital improvements must be necessitated by the growth in population attributable to the development.

g.

Credit for private recreation space. The town commission may grant full or partial credit for private recreation space and/or facilities pursuant to the standards established herein. Such credit shall be applied against the total dedication requirements for parks and recreation pursuant to this Code. These guidelines and standards are established in order to ensure that private recreation space and facilities provide an appropriate range of recreation opportunities for residents of proposed developments:

1.

The yards, setbacks, storm water retention areas, power easements, and other open areas required by the land development code, building codes, agency regulations or public or private agreement or contract shall not be included in the computation of private recreation space.

2.

The private ownership and maintenance is adequately provided by recorded written agreement, conveyance, or restrictions.

3.

The use of the private recreation space and facilities is restricted for park and recreation purposes for the benefit of the residents of the subdivision or development by recorded covenant that runs with the land in favor of the future owner's property and that cannot be defeated or eliminated without the consent of the town commission.

4.

The proposed private recreation space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location.

5.

Environmental preserves that have boardwalks, nature trails, water access, or other usable recreational features, may count for up to ten percent of the required dedication.

2.

For multi-family sites or mobile home parks, the town commission shall decide whether the developer shall make a similar dedication or pay a fee in accordance with the provisions of section 6.03.01(A)1.a.—g. above.

Conditions for the town's acceptance of dedicated recreation land shall be established in a development agreement under the provisions of section 6.02.00.

3.

Proposed recreational uses must be consistent with the future land use map and the recreation and open space element of the Dundee Comprehensive Plan. Other conditions may include, but are not limited to, the following:

a.

Land must be readily accessible and usable for recreational purposes.

b.

Land must be fully or partially developed for recreational use at time of acceptance.

c.

The facility would meet a specific recreational need of the town (i.e., picnic areas, boat launch facilities).

(B)

Right-of-way. Right-of-way required to serve all development shall be dedicated in accordance with the requirements of article 3 of this code. Where subdivisions are bordered by public right-of-way, additional right-of-way shall be dedicated so as to meet minimum widths specified in the comprehensive plan. Where dedicated right-of-way is extended to an adjoining property or street, there shall be no reserved strips affording private control of future access. The town may require public reserved strips where such reservations promote the public health and safety and implement the comprehensive plan.

Where right-of-way has been dedicated independent of any requirement of this Code or the comprehensive plan, the town may refuse to accept such right-of-way, or establish such conditions for acceptance as the town commission determines to be reasonale.

FORMULA FOR PARK LAND DEDICATION OR FEE IN LIEU OF DEDICATION
RELATED TO THE TOWN OF DUNDEE LEVEL OF SERVICE (LOS)
FROM THE COMPREHENSIVE PLAN

_____

_____

Examples of Applications to Subdivisions of various sizes:

The percentage of land dedicated is about 3.4% of the gross developable land in the subdivisions.

A change in the LOS to 6 acres per 1,000 persons would raise the percentage to about 4.5%.

(Ord. No. 05-72, § 1(Exh. A), 9-13-05; Ord. No. 07-28, § 1, 2-12-08; Ord. No. 12-12, § 1, 2-14-12)

Except where alleys are provided for the purpose of access and utility placement, easements of no less than 15 feet in width, or wider as the town engineer deems necessary, shall be dedicated for the installation of underground utilities by the town or franchised utility providers. Easements for watercourses or drainageways traversing a subdivision shall be of a width sufficient to convey the volume of stormwater projected to be generated by the 25-year storm event. Where required under the provisions of this code, easements shall be dedicated to the town for sidewalks. Such easements shall be of sufficient width to meet the requirements of article 3. All easements shall be approved by the town engineer.

APPLICATION FOR CONCURRENCY EVALUATION
Town of Dundee

This application, together with all required attachments, shall be completed and filed with the Development Director prior to making application for site development plan, subdivision, or building permit approval. A finding of non-deficiency only entitles the owner to apply for development permits pursuant to the time parameters established in Article 6 of the Town of Dundee Land Development Code.

Type or print the following information.

*Other measures of intensity may be substituted as appropriate for the proposed use, such as number of students (schools), seating capacity (churches and theaters), etc.

CONCURRENCY EVALUATION WORKSHEET

SOLID WASTE DISPOSAL

Solid Waste facility to be used:  _____

Adequate facility capacity is available to service the development

  □ Yes (Capacity Certification attached)
  □ No

DRAINAGE

This development is designed such that post-development runoff does not exceed pre-development runoff for a 25-year storm even of 24-hour duration.
  □ Yes (Engineering plans or certification attached)
  □ No

SUMMARY OF CONCURRENCY EVALUATION RESULTS

Using the information provided in the worksheet, will the development proposal be served by the following facilities and services with the adopted Level of Service Standards of the Town of Dundee Comprehensive Plan?