(a)

Short title. This article shall be known and may be cited as the "Concurrency Management Ordinance."

(b)

Authority. The city council has the authority to adopt this article pursuant to F.S. §§ 166.021, 163.3161(8), and F.A.C. ch. 9J-5.

(c)

Application. This article shall apply to all development within incorporated City of Dunnellon.

The purpose of this article is to describe the requirements and procedures necessary to implement the concurrency provisions of the city's comprehensive plan. Specifically, this article is intended to ensure the availability of public facilities and services and the adequacy of those facilities at adopted levels of service concurrent with the impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact of a development upon the adopted minimum acceptable level of service for potable water, sewer, solid waste, drainage, and parks and recreation, as provided in the comprehensive plan.

Certain terms, as used in this article, have the meanings given below.

(a)

Concurrency. Means that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.

(b)

Concurrency management system. The procedures and/or process that Dunnellon uses to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

(c)

Development order. Any order granting or granting with conditions an application for a development permit.

(d)

Development permit. Any special exception, special permit, site plan approval, subdivision plat, building permit, or any other official action of Dunnellon having the effect of permitting the development of land.

(e)

Public facilities and services. Those items covered by the Dunnellon comprehensive plan, required by F.S. § 163.3177, and for which level of service standards must be adopted under F.A.C. ch. 9J-5. These are: sanitary sewer; solid waste; drainage; potable water; and parks and recreation.

(a)

Certificate of capacity required. A certificate of capacity shall be required prior to the issuance of any development permit. If a development will require more than one development permit, the issuance of a certificate of capacity shall occur prior to the issuance of the initial development permit.

(b)

Expiration of certificate of capacity. A certificate of capacity shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event that the development permit does not have a specified expiration date, the certificate of capacity shall expire one year from the date of the issuance of the development permit. In the event that a time extension is granted prior to the expiration of the development permit, then the accompanying certificate of capacity shall be automatically renewed for the duration of the extension given to the accompanying development permit. Should the extension equal or exceed one year from the date of the issuance of the initial development permit, a new concurrency review shall be performed for which a reasonable fee shall be assessed in order to defray the cost of the new review.

(c)

Burden of proof. The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The building and zoning official or his/her designee will direct the applicant to the appropriate staff to assist in the preparation of the necessary documentation and information.

(a)

Generally. Any person seeking an exemption from the terms of this article shall submit substantial competent evidence to entitlement to the exemption. A valid, unexpired development order dated before the adoption of the comprehensive plan shall be considered, in and of itself, evidence of entitlement to the exemption.

(b)

Exempt activities. The following development activities shall be deemed to be exempt from the provisions of article XVIII.

(1)

A final development order issued on or before the date of plan adoption, if:

a.

The construction authorized by the final development order has commenced before the development order expires; and

b.

The construction continues without interruption and in good faith until complete.

(2)

An alteration or expansion of facilities that does not create an additional impact on public facilities.

(3)

The construction of accessory buildings and structures that do not create an additional impact on public facilities.

(4)

The replacement of an existing dwelling unit with same type of dwelling unit.

(5)

Building permit applications for a single-family residence on a lot or parcel or record recorded on or before the date of plan adoption.

(a)

Generally. Dunnellon shall use the procedures listed below to determine compliance of an application for a development permit with this concurrency management system. At the time of application for a development permit, a concurrency evaluation shall be made to determine the availability of the facilities or services required to be concurrent. An applicant for a development permit shall provide the city with all information required so as to enable the concurrency evaluation to be made. Upon receipt of a complete concurrency review application, the building and zoning official or his/her designee shall perform the concurrency evaluation for each of the public facilities and services. A concurrency review application shall not be deemed complete until all applicable permits, verification letters or other proof has been submitted pursuant to subsection 18.6(b) below.

(b)

Procedure.

(1)

Potable water.

a.

Submittals. The applicant for a development permit shall submit, along with the application for a development permit, proof that sufficient capacity exists as demonstrated by one or more of the following:

1.

If the service provider is other than an on-site potable water well, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service. If the project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a final development order by the city, the applicant may be required to provide evidence of a contract with the service provider, indicating the provider's commitment and ability to serve the proposed project; or

2.

If the service provider is an on-site potable water well:

(i)

Permits issued by the Southwest Florida Water Management District (SWFWMD) pursuant to F.A.C. ch. 17-22 for a potable water well to serve the development; and/or

(ii)

Permits issued by the HRS Marion County Public Health Unit.

b.

Presumption of available capacity. A presumption of available capacity shall be rendered by the building and zoning official upon receipt of all applicable permits.

(2)

Wastewater.

a.

Submittals. The applicant for a development permit shall submit, along with the application for a development permit, proof that sufficient capacity exists as demonstrated by one or more of the following:

1.

If the proposed service provider is other than an on-site septic system, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a final development order by the city, the applicant may be required to provide evidence of a contract with the service provider indicating the provider's commitment and ability to serve the proposed project; or

2.

If the proposed service provider is an on-site septic system, all applicable HRS permits for an on-site septic system, pursuant to F.A.C. ch. 10D-6, are obtained.

b.

Presumption of available capacity. A presumption of available capacity shall be rendered by the building and zoning official upon receipt of one of the above.

(3)

Drainage.

a.

Submittals. The applicant for a development permit shall submit, along with the application for the development permit, proof that sufficient capacity exists as demonstrated by one or more of the following which are applicable to the development:

1.

All applicable DEP permits for stormwater management systems, pursuant to F.A.C. ch. 17-25 are obtained; and

2.

All applicable DOT permits for drainage connections, pursuant to F.A.C. ch. 14-86, are obtained; and

3.

All permits issued by the Southwest Florida Water Management District, pursuant to F.S. §§ 373.451—373.4595 (the Surface Water Improvement and Management Act or SWIM Act), and F.A.C. chs. 40D-4 and 40D-40 (SWFWMD rules) are obtained.

b.

Presumption of available capacity. A presumption of available capacity shall be rendered by the building and zoning official upon receipt of the applicable DEP, DOT, and/or applicable water management district permits.

(4)

Solid waste.

a.

Citywide presumption of available capacity. Based upon the data and analysis contained in the city's comprehensive plan, adequate capacity exists for estimated demand for solid waste service until 2010. Therefore, a presumption of available capacity for all development shall be rendered by the building and zoning official for the period beginning the date of the approval of the ordinance from which this article derives by the city council until the submission of the first concurrency management system annual report. At such time, the available capacity for solid waste shall be reassessed, and a determination made as to whether the presumption of available capacity is to be continued.

(5)

Recreation and open space.

a.

Citywide presumption of available capacity.

1.

Based upon the data and analysis contained in the city's comprehensive plan, adequate capacity exists for estimated demand for park and open space facilities until 2010. Therefore, a presumption of available capacity for all development shall be rendered by the building and zoning official for the period beginning the date of the approval of the ordinance from which this article derives by the city council through the submission of the first concurrency management system annual report. At such time, the available capacity for park and open space facilities shall be reassessed and a determination made as to whether the presumption of available capacity is to be continued.

(a)

Conditions for meeting concurrency. In order to obtain a certificate of capacity, one of the following conditions must be satisfied for each of the public facilities and services, and such condition given in the certificate of capacity:

(1)

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

(2)

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

(3)

The necessary public facilities and services are under construction at the time the development permit is issued; or

(4)

The necessary public facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. §§ 163.3220—163.3243 that is consistent with the concurrency management policies of the comprehensive plan.

(b)

Alternative concurrency strategies. Should a development not pass the above concurrency test, several strategies may be used to rectify this, including the following:

(1)

A plan amendment which lowers the adopted level of service standard for the affected facilities and/or services.

(2)

A reduction in the scale or impact of the proposed development.

(3)

Phasing of the proposed development.

The adopted levels of service (LOS) standards for public facilities and services as contained in the city's comprehensive plan are hereby adopted by reference.

(a)

Annual report. The purpose of the annual report is to provide monitoring of public facilities and services to ensure maintenance of the adopted levels of service in a format which is accessible to the public. Demand and capacity information will, however, be tracked on a project-by-project basis as each development or building permit is submitted.

(b)

Contents. Dunnellon shall prepare an annual report as part of the concurrency management system that includes:

(1)

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

(2)

A summary of building permit activity, indicating:

a.

Those that expired without commencing construction;

b.

Those that are active at the time of the report;

c.

The quantity of development represented by the outstanding building permits;

d.

Those that result from the development permits issued prior to the adoption of this code; and

e.

Those that result from development permits issued pursuant to the requirements of this code.

(3)

A summary of development orders issued, indicating:

a.

Those that expired without subsequent development permits;

b.

Those that are valid at the time of the report;

c.

The phases and quantity of development represented by the outstanding development orders.

(4)

A summary of development permits issued, indicating:

a.

Those that expired without subsequent building permits;

b.

Those that were completed during the period;

c.

Those that are valid at the time of the report but do have associated building permits or construction activity; and

d.

The phases and quantity of development represented by the outstanding development permits.

(5)

An evaluation of each facility and service indicating:

a.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

b.

The portion of the available capacity held for valid preliminary and development orders;

c.

A comparison of actual capacity and levels of service to adopted levels of service from the city's comprehensive plan.

d.

A forecast of the capacity for each based upon the most recently updated schedule of capital improvements in the capital improvements element of the comprehensive plan.

(c)

Assurances. The city shall make available suitable land for the building and expansion of service facilities, and shall require that future land uses be assured of adequate infrastructure and services.

The city shall conduct an ongoing review and analysis of the infrastructure and services to meet the needs of future land uses adopted in the city's comprehensive plan.

(a)

The city shall charge each applicant a concurrency review fee in an amount to be established by resolution by the city council. The concurrency review fee shall not be refundable.

(b)

The city shall also charge the concurrency review fee to any individual (non-applicant) that requests an analysis of capacity. The fee shall be nonrefundable.

(c)

The city shall charge a certificate of capacity fee to be paid upon approval of, and prior to issuance of, each certificate of capacity. The fee schedule is as follows:

(1)

Thirty percent (cumulative) at subdivision application.

(2)

Fifty percent (cumulative) at site plan application.

(3)

One hundred percent (cumulative) at building permit application.

For example, if 30 percent of the fee has been paid at the subdivision stage, and a site plan application is filed, an additional payment of 20 percent shall be required such that a total payment of 50 percent is provided.

The certificate of capacity fee can be refunded if development does not proceed only if the city or other provider of capacity has not expended or obligated the money for preconstruction costs or construction of public facilities.

(a)

General. An applicant may appeal a decision of the building and zoning official denying an application for a certificate of capacity by filing a petition with the board of adjustment within 30 days of the decision denying the application.

(b)

Procedure. The board of adjustment shall consider the appeal petition within 30 days of its filing. In considering the appeal, the board of adjustment shall consider only the record before the building and zoning official at the time of the decision, the testimony of the petitioner and the petitioner's agents, and testimony of city department members and service providers.

(c)

Standard. The board of adjustment shall reverse the decision of the building and zoning official only if there is substantial competent evidence in the record that the application complies with the standards of subsections 18.6(b) and 18.7(a).

(a)

The provisions of this article shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, and welfare.

(b)

If any phrase, sentence or portion of this article is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision, and such holding shall not affect the remaining portion.