(a)

The purpose of the City of Eustis Concurrency Management System is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development. For the purpose of the issuance of development orders, concurrency management shall be relevant to all development located within the area for which the City of Eustis has authority to issue development orders and permits.

(b)

It is the intent of this chapter to ensure that level of service (LOS) standards adopted in the City of Eustis Comprehensive Plan for public facilities and services, hereby incorporated by reference, are maintained via the City of Eustis Development review process. For the purpose of concurrency management, public facilities and services, include the following for which LOS standards have been adopted:

(1)

Sanitary sewer facilities and services,

(2)

Solid waste facilities and services,

(3)

Stormwater management facilities and services,

(4)

Potable water facilities and services,

(5)

Public school facilities.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

All final development orders issued by the city shall be subject to concurrency management. Exemptions for concurrency management shall be granted for development determined by the city to have negligible impacts on public facilities and services in accordance with the exemption criteria established in section 106-2.1 Additionally, exemptions from the concurrency management review, or portions thereof, may be granted for developments determined by the city to have "de minimus" impacts on public facilities and services in accordance with the exemption criteria established in section 106-2.2 and the special exemptions in section 106-2.3.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

Development causing negligible impacts on public facilities and services shall be exempt from concurrency management review, as the development shall be considered to cause no additional impacts on public facilities and services. Such development includes:

(1)

Interior renovations or alterations and exterior maintenance to existing structures which do not involve a change in use; including but not limited to, replacement of siding, paint, gutters, awnings, hurricane shutters, aluminum and wooden carports over existing concrete roof repairs and re-roofing within the same footprint;

(2)

Demolitions, except in conjunction with the replacement of an existing structure;

(3)

Replacement of a single family residence with a single family residence;

(4)

Electrical, plumbing and mechanical activity;

(5)

Signage, fences and pools;

(6)

Screen patio and screen pool enclosures, and wooden (non-roofed) decks;

(7)

Improvements to an existing single family residence such as room additions and screened enclosures;

(8)

Accessory structures to a single family residence;

(9)

Temporary construction trailer placements;

(10)

Wells and septic tank placements;

(11)

Utilities such as telephone switching stations, and electrical power substations;

(12)

Radio and other communication towers; and

(13)

Accessory facilities for agricultural uses.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

General. Development orders associated with developments causing "de minimus" impacts on all public facilities and services shall be exempt from concurrency management review, as the impacts of such development shall be accounted for by the city on an annual basis, prior to approval of the final development orders, using an aggregate impact procedure. Development orders associated with development causing "de minimus" impacts on public facilities and services for which the city has adopted impact fees shall be exempt from the portion of the concurrency management review which requires payment for capacity reservation.

(b)

"De minimus" impacts.

(1)

Sanitary sewer: There shall be no "de minimus" impact associated with public sanitary sewer facilities and services.

(2)

Solid waste: A "de minimus" impact is one that would not generate more than 50 pounds of solid waste per day before recycling, composting, reuse, and volume reduction. Cumulatively, annual de minimus solid waste impacts shall not exceed a significant degradation threshold of 1,500 pounds of solid waste per day before recycling, composting, reuse, and volume reduction.

(3)

Stormwater management: A "de minimus" impact is one that would require a stormwater management system that would be:

a.

For silvicultural lands, provided that the system is constructed and operated in accordance with the provisions of Chapter 40C-43 Florida Administrative Code, and the Silviculture Best Management Practices Manual, as amended and published by the State of Florida, Department of Agriculture and Consumers Services;

b.

Designed to accommodate only one single family dwelling unit, duplex, triplex, or quadruplex, provided the single unit, duplex, triplex, or quadruplex is not part of a larger common plan of development; or

c.

Designed to serve single family residential projects, including duplexes, triplexes and quadraplexes, of less than ten acres total land area and which have less than two aces impervious surface and would be a system that:

1.

Is not part of a larger common plan of development, and

2.

Would discharge into a stormwater management system exempted or permitted by the St. Johns River Water Management District which has sufficient capacity and treatment capability and is owned, maintained or operated by Lake County, the City of Eustis, a special district with drainage responsibility, or a water management district; however, this exemption does not authorize discharge into a system without prior written consent from system owner, maintenance or operator.

(4)

Potable water: There shall be no "de minimus" impact associated with public potable water facilities and services.

(c)

"De minimus" development orders. The following final development orders shall be considered by the city to have "de minimus" impacts on all public facilities and services:

(1)

Residential building permits for which the applicant proposes the use of a private well and a septic tank, and is not required to connect to a potable water or sanitary sewer system that may be associated with public facilities and services.

(2)

Mobile home placement permits for which the applicant proposes the use of a private well and a septic tank, and is not required to connect to a potable water or sanitary sewer system that may be associated with public facilities and services.

(3)

Nonresidential building permits for which a development order is not required and is not required to connect to a potable water or sanitary sewer system that may be associated with public facilities and services.

(4)

Administrative lot splits located along a local roadway, that create no more than six lots per original parcel, for which each lot contains at least one acre of uplands, and for which the applicant does not propose improving the easement to a semi-impervious or an impervious surface, or making major alteration to the land for an easement when an easement is utilized, and provided the applicant is not required to connect to a potable water or sanitary sewer system that may be associated with public facilities and services.

(5)

Conditional use permits that do not require site plan approval, and provided the applicant is not required to connect to a potable water or sanitary sewer system that may be associated with public facilities and services.

(6)

Variances that are not associated with another development order issued by the city and variances that are associated with another development order that is determined by the city to have "de minimus" impacts on public facilities and services, provided the applicant meets the stormwater management design standards identified in these land development regulations, and provided the applicant is not required to connect to a potable water or sanitary sewer system that may be associated with public facilities and services.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

Previously disclosed development. Development that was disclosed as part of an earlier concurrency management review, for which capacity has been encumbered or reserved, shall not be subject to concurrency management, provided the development design has not changed to increase demand on public facilities and services, or the development order associated with the earlier development has not expired.

(b)

Redevelopment after demolition or termination of existing use. In the case of demolition of an existing structure or termination of an existing use in conjunction with plans for redevelopment, the concurrency management evaluation for future development shall be based upon the new or proposed land use as compared to the land use existing at the time of such demolition or termination. Credit shall only be given for the density/intensity of the site proposed for demolition/termination. Proposed redevelopment that increases the density/intensity of the site shall be reviewed based upon the net increase in density/intensity. Credit for the prior use shall not be transferable to another parcel.

(c)

Residential uses exempt from school concurrency. The following residential uses shall be considered exempt from the requirements of school concurrency (unless the development approval for such use required it to meet school concurrency).

(1)

Single family lots having received final plat approval prior to the effective date of the land development regulations addressing school concurrency or other lots which the city has determined are vested based on statutory or common law vesting.

(2)

Multi-family residential development having received final site plan approval prior to the effective date of the land development regulations addressing school concurrency or other multi-family residential development which the city has determined is vested based on statutory or common law vesting.

(3)

Amendments to residential development approvals issued prior to the effective date of the effective date of the land development regulations addressing school concurrency, which do not increase the number of residential units or change the type of residential units proposed.

(4)

Age restricted communities that are subject to deed restrictions prohibiting the permanent occupancy of residents under the age of 18. Such deed restrictions must be recorded and must be irrevocable for a period of at least 50 years.

(5)

Plats or residential site plans which include four or less units. For purposes of this section, a property owner may not divide his property in to several developments in order to claim exemption as allowed by this section. In making a determination as to whether a property is exempt under this section, the city shall consider in addition to the ownership at the time of the application the ownership as of the date of the adoption of these regulations.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

Preliminary development orders. Applicants for preliminary development orders, including comprehensive plan amendments, planned unit developments, site plans, and preliminary plats shall have the option:

(1)

To voluntarily request a concurrency management review for the purpose of reserving capacity of public facilities and services; or

(2)

To voluntarily request a concurrency management review for inquiry purposes only and defer concurrency management review for the purpose of reserving capacity of public facilities and services via the applicant for the preliminary development order signing an affidavit of deferral acknowledging that future rights to develop the property are subject to a future concurrency management review and, without such a review, no vested development rights shall have been granted by the city or acquired by the applicant; or

(3)

To defer concurrency management review for the purpose of reserving capacity of public facilities and services via the applicant for the preliminary development order signing an affidavit of deferral acknowledging that future rights to develop the property are subject to a future concurrency management review and, without such a review, no vested development rights shall have been granted by the city or acquired by the applicant.

(b)

Final development orders. Final development orders, including Florida Quality Development (FQD) development orders, development of regional impact (DRI) development orders, final subdivision plats, final engineering plans, construction plans, and building permits shall be required to undergo concurrency management review in accordance with section 106-4 as a condition of granting the final development order.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

No final development order shall be issued by the city unless there is sufficient capacity of public facilities and services, at the adopted level of service standards, needed to support the development, concurrent with the impacts of such development, in accordance with the following criteria.

(a)

Potable water, sanitary sewer, solid waste and stormwater management. For potable water, sanitary sewer, solid waste and stormwater management facilities and services, the concurrency management review procedure shall be satisfied through one of the following actions approved by the City of Eustis during the development review process:

(1)

Facilities and services are in place prior to the issuance of a building permit;

(2)

A development permit is issued subject to the condition that the necessary facilities and services will be in place at the time the impacts of the development occur. Such conditions shall be stipulated within an enforceable development agreement or a binding contract that guarantees the completion of construction prior to the issuance of a certificate of occupancy. A development shall place no impact on facility capacity until such a certification is issued;

(3)

The necessary facilities are under construction at the time a permit is issued. Such facilities shall be completed prior to the impacts of development. A certificate of occupancy shall not be issued until such facilities or services are able to perform in a manner consistent with adopted level of service standards; or

(4)

Facilities and services are guaranteed in an enforceable development agreement that assures facilities and services are in place concurrent with the impacts of development.

(c)

Public school facilities. For public school facilities, the concurrency management review procedure shall be satisfied in accordance with the provisions of the First Amended Interlocal Agreement for School Facilities Planning and Siting dated December 26, 2007, and any future amendments and revisions.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

The City of Eustis Concurrency Management Review Procedure is designed to provide an expeditious review of development orders while ensuring that public facilities and services needed to support the development associated with the development orders are available concurrent with the impacts of such development. In order to ensure an expeditious review of development orders, it is essential that the applicant and the city comply with concurrency management administrative review procedures adopted by the city. Where applicable it is essential that the applicant sign an affidavit of deferral, acknowledging that future rights to develop the property are subject to a future concurrency management review and, without such a review, no vested development rights have been granted by the city or acquired by the applicant.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

Capacity analysis for public facilities and services shall be completed in accordance with the following criteria:

(a)

Sanitary sewer. The demand on sanitary sewer public facilities and services shall be based on the level of service standard adopted in the comprehensive plan. Developments that propose to connect to, or are required to connect to sanitary sewer public facilities and services shall be required to obtain a letter from the provider of such sanitary sewer facilities and services indicating that the provider has the capacity available, or will have the capacity available to serve the proposed development concurrent with the impacts of such development. If the demand on sanitary sewer facilities and services exceeds the available capacity of the sanitary sewer facilities and services, the final development order associated with the concurrency management review shall not be approved.

(b)

Solid waste. The demand on solid waste public facilities and services for a proposed development shall be based on the level of service standard adopted in the comprehensive plan. Once the demand has been calculated, it shall be compared to the available capacity of the solid waste facilities and services. If the demand on solid waste facilities and services exceeds the available capacity of the solid waste facilities and services, the development order associated with the concurrency management review shall not be approved.

(c)

Stormwater management. The demand for stormwater management shall be based on the volume of stormwater runoff for the design storm. The geographic scope to be examined shall be the project development site. If the applicant is unable to demonstrate that the proposed development will be able to meet the stormwater management design standards adopted in these land development regulations and the level of service standard adopted in the comprehensive plan, the final development order associated with the concurrency management review shall not be approved.

(d)

Potable water. The demand on potable water public facilities and services shall be based on the level of service standard adopted in the comprehensive plan. Developments that propose to connect to, or are required to connect to potable water public facilities and services shall be required to obtain a letter from the provider of such potable water facilities and services indicating that the provider has the capacity available, or will have the capacity available to serve the proposed development concurrent with the impacts of such development. If the demand on potable water facilities and services exceeds the available capacity of the potable water facilities and services, the final development order associated with the concurrency management review shall not be approved.

(e)

Public school facilities. Concurrency evaluation and determinations shall be in accordance with the current Interlocal Agreement for School Facilities Planning and Siting.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

General.

(1)

All applicants of development orders shall have the ability to temporarily encumber capacity in accordance with the capacity encumbrance criteria established for each type of development order. All final development orders shall expire in accordance with the time frames established for capacity encumbrance in the event that capacity is not reserved prior to the expiration of the capacity encumbrance. Notwithstanding the criteria established below, once capacity is encumbered by the city, in accordance with the criteria established below, the applicant shall have 90 days to reserve such capacity in the event another proposed final development order is to be denied strictly because of a lack of capacity. The city shall be responsible for notifying the applicant via certified mail in the event another development is in need of such encumbered capacity. However, the city shall not be responsible for notifying the applicant if the encumbered capacity expires in accordance with the criteria established below.

(2)

Capacity shall be encumbered by the city at the time the final development order is reviewed by the appropriate department within the city. All final development orders shall be required to encumber capacity prior to receiving final approval.

(b)

Capacity encumbrance for development orders.

(1)

Building permits. Capacity shall be encumbered by the city for building permits at the time of payment of impact fees. In the event that capacity is not available to be encumbered by the city for public facilities and services, the building permit shall not be approved.

(2)

Comprehensive plan amendments. Capacity shall be encumbered by the city for a comprehensive plan amendment (CPA) for a time period not to exceed one year from the date the CPA is found in compliance with F.S. ch. 163, by the State of Florida. In the event that capacity is not available to be encumbered by the city for public facilities and services, the CPA shall not be approved by the city. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the CPA shall remain valid, however, all future rights to develop the property are subject to a future concurrency management review and, without such a review, no vested development rights, for concurrency purposes only, shall have been granted by the city or acquired by the applicant.

(3)

Final engineering and construction plans (non-residential). Capacity shall be encumbered by the city for non-residential construction for a time period not to exceed six months from the date the construction plans receive final approval by the city. In the event that capacity is not available to be encumbered by the city for public facilities and services, the plans shall not be approved; however, implementation shall be subject to the development meeting concurrency management standards. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the plans shall no longer be valid for concurrency purposes only.

(4)

Final engineering and construction plans (residential subdivision). Capacity shall be encumbered by the city for residential construction plans for a time period not to exceed 18 months from the date the plans receive final approval by the city. In the event that capacity is not available to be encumbered by the city for public facilities and services, the plans shall not be approved; however, implementation shall be subject to the development meeting concurrency management standards. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the plans shall no longer be valid for concurrency purposes only.

(5)

Developments of regional impact and Florida quality developments. Capacity shall be encumbered by the city for a development of regional impact (DRI) or a Florida Quality Development for a time period not to exceed three years from the date the DRI or FQD is approved. In the event that capacity is not available to be encumbered by the city for public facilities and services, the DRI or FQD shall not be approved. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the development plan associated with the DRI or FQD shall remain valid; however, all future rights to develop the property are subject to a future concurrency management review and, without such a review, no vested development rights, for concurrency purposes only, shall have been granted by the city or acquired by the applicant.

(6)

Final plat. Capacity shall be encumbered by the city for a final plat, prior to scheduling the final plat for approval by the city commission, for a time period not to exceed 120 days from the date the applicant receives final plat approval. In the event that capacity is not available to be encumbered by the city for public facilities and services, the final plat shall not be scheduled for approval by the city commission. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the final plat shall no longer be valid for concurrency purposes only.

(7)

Site plans. Capacity shall be encumbered by the city for a site plan for a time period not to exceed 12 months from the date the site plan receives approval. In the event that capacity is not available to be encumbered by the city for public facilities and services, the site plan shall not be approved; however, implementation shall be subject to the development meeting concurrency management standards. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the site plan shall no longer be valid for concurrency purposes only. In the event that capacity is reserved for the primary use established via the site plan, capacity will be encumbered by the city for the ancillary uses until such time that building permits are issued for the ancillary uses. For the purpose of encumbering capacity for site plans, ancillary uses shall mean those uses established via the site plan that constitute less than 15 percent of the demand for public facilities and services for all uses established via the site plan.

(8)

Planned unit developments. Capacity shall be encumbered by the city for a planned unit development (PUD) for a time period not to exceed two years from the date the applicant receives PUD approval and the PUD is reviewed for concurrency management. A planned unit development (PUD) associated with a development of regional impact (DRI) or a Florida Quality Development (FQD) shall be subject to the encumbrance criteria established for a DRI or FQD, respectively. In the event that capacity is not available to be encumbered by the city for public facilities and services, the PUD shall not be approved. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the PUD shall remain valid; however, all future rights to develop the property are subject to a future concurrency management review and, without such a review, no vested development rights, for concurrency purposes only, shall have been granted by the city or acquired by the applicant. In the event a portion of the capacity is reserved for the PUD, the remaining portion of the PUD shall remain valid; however, all future rights to develop the property are subject to a future concurrency management review, and, without such a review, no vested development rights, for concurrency purposes only, shall have been granted by the city or acquired by the applicant.

(9)

Preliminary plat. Capacity shall be encumbered by the city for a preliminary plat for a time period not to exceed two years from the date the preliminary plat receives final approval. In the event that capacity is not available to be encumbered by the city for public facilities and service, the preliminary plat shall not be approved. In the event that capacity is not reserved by the applicant within the encumbrance time frame, the preliminary plat shall no longer be valid for concurrency purposes only. In the event that capacity is reserved for a portion of a preliminary plat containing more than 50 units and the development is determined by the city to be "continuing in good faith," a two-year capacity encumbrance extension may be granted by the city. Additional two-year capacity encumbrance extensions may be granted by the city for a preliminary plat containing more than 100 units, provided that the development is determined by the city to be "continuing in good faith."

(c)

Development agreements. Applicants for development orders may offer to provide public facilities and services at the expense of the applicant in order to ensure the availability of capacity concurrent with the impact of the associated development. Applicants that elect to provide public facilities and services may do so through the use of an enforceable development agreement, thereby, eliminating the need to encumber and subsequently, reserve capacity of public facilities and services. development agreements may be entered into subject to the following requirements:

(1)

An enforceable development agreement shall provide, at a minimum, a schedule for construction of the public facilities and services and mechanisms for monitoring to insure that the public facilities and services are completed concurrent with impacts of the development, or the development will not be allowed to proceed.

(2)

The development agreement is construed to be enforceable according to F.S. §§ 163.3220—163.3243.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

In the event the city is unable to encumber capacity for a proposed development because the data used by the city exhibits that there is no available capacity, the applicant may submit alternate data subject to the requirement that the alternate data be substantiated by a competent professional and approved by the city. In the event that the alternate data is based on special circumstances regarding the presumed use or development of the property, the applicant will be required to execute a deed restriction to enforce such special circumstances.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

The department of development services shall issue a notice of capacity determination once the results of the capacity analysis have been provided by all departments responsible for completing such analysis. The notice of capacity determination shall state that:

(1)

Public facilities and services have capacity available to support the proposed development and that the city has encumbered such capability, in accordance with the criteria established for the associated development order, for the purpose of reserving such capacity; or

(2)

Public facilities and services do not have capacity available to support the proposed development and provide the information concerning which public facilities and services do not have available capacity.

(b)

In the event that certain public facilities and services do not have capacity available to meet the needs of the proposed development, all available capacity shall be encumbered by the city for those public facilities and services that have available capacity for a time period not to exceed six months, thereby, providing the applicant time to address the capacity problem.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

All development that has undergone the concurrency management review procedure and has had capacity encumbered for the associated development order will have the ability to reserve capacity in accordance with the capacity reservation criteria established below.

(b)

Capacity reservation may be achieved for each development order according to the following criteria:

(1)

Building permits. Capacity shall be reserved for a building permit through the payment of the applicable impact fee.

(2)

Comprehensive plan amendments. Capacity may be reserved for a comprehensive plan (future land use map) amendment (CPA) through the prepayment of applicable impact fees.

(3)

Final engineering and construction plans (non-residential). Capacity may be reserved for construction plans associated with a non-residential development through the pre-payment of the applicable impact fees.

(4)

Final engineering and construction plans (residential subdivision). Capacity may be reserved for construction plans associated with a residential subdivision plat through the pre-payment of applicable impact fees.

(5)

Developments of regional impact and florida quality developments. Capacity may be reserved for a development of regional impact (DRI) or a Florida Quality Development (FQD) through the payment of a capacity reservation fee associated with the DRI or FQD, in accordance with a payment schedule approved as part of the conditions placed on the PUD associated with a payment schedule approved as part of the conditions placed on the PUD associated with the DRI or FQD.

(6)

Final plat. Capacity shall be reserved for a final plat upon final approval and recording.

(7)

Site plans. Capacity may be reserved for a final site plan through the pre- payment of applicable impact fees.

(8)

Planned unit developments. Capacity may be reserved for a planned unit development (PUD) through the payment of a capacity reservation fee associated with the PUD, in accordance with a payment schedule approved as part of the conditions placed on the PUD.

(9)

Preliminary plat. Capacity may be reserved for a preliminary plat through the pre-payment of applicable impact fees.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)

(a)

In order to reserve capacity, the applicant must provide one of the following forms of payment:

(1)

Direct payment of fees;

(2)

Letter of credit;

(3)

Development agreement to establish a first priority lien against the property; or

(4)

City approved cash escrow agreement.

(b)

Actual impact fees are due and payable in accordance with the building permit issued by the city.

(Ord. No. 15-13, § 1(Exh. D), 10-1-2015)