This article shall be referred to and known as the concurrency management system and regulations of the town land development code.

(Ord. No. 5-92, § 9.2, 8-25-92)

The purpose of this article is to describe the requirements and procedures for determination of the consistency of proposed development projects with the town comprehensive plan, in regard to meeting the concurrency requirements of the plan.

(Ord. No. 5-92, § 9.3, 8-25-92)

This concurrency management system is based upon the town comprehensive plan, specifically the capital improvements element and adopted level of service standards. The system is designed to ensure that the issuance of a final development order will not result in a degradation of the adopted levels of service for specified public facilities and services. The system also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards.

(Ord. No. 5-92, § 9.4, 8-25-92)

(a)

General rule.

(1)

All applications for development orders shall demonstrate that the proposed development does not degrade the adopted levels of service in the town. See section 34-620 for level of service standards.

(2)

An application for a development permit shall demonstrate that the proposed development does not degrade the adopted levels of service if there exists no development order under which the permit is sought, and no development order is required prior to the issuance of the permit, e.g., a residence on a lot of record.

(3)

The latest point in time at which concurrency is determined is the final development order. If no development order is required, the latest point in time to determine concurrency is the first development permit on a site.

(b)

Exception. Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met in accordance with F.A.C. 9J-5.0055.

(c)

Determination of project impact. A determination of a proposed development's impact to facilities shall be the comparison of the expected demand on facilities attributable to the proposed development and the available capacity of facilities. The available capacity must be equal to or greater than the expected additional demand attributable to proposed development. The comparison shall be made for each of the following facilities: wastewater, transportation, drainage (stormwater management), solid waste, potable water, and recreation. The expected demand for a proposed development shall be made using generally accepted engineering standards. When a future land use map or zoning change is sought without a development proposal, concurrency shall be evaluated for the potential use of the proposed future land use or zoning category which incurs the greatest demand on each of the facilities for which adopted level of service standards exist.

(d)

Wastewater demand. Wastewater demand at a minimum shall be calculated using the estimated demand standards found in Table IV-A-1 of the town's comprehensive plan.

(e)

Transportation demand. Transportation demand shall be calculated using the following methods. The impact of proposed development activity on available capacity shall be determined as follows:

(1)

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

(2)

The projected level of service for roads within the traffic shed shall be calculated based upon estimated trips to be generated by the project. Where the development will have access to more than one road the calculations shall show the split in generated traffic and state the assumptions used in the assignment of traffic to each facility. The number of trips shall be estimated using the most recently published Trip Generation Manual of the Institute of Transportation Engineers (ITE). If data is available which will give a more precise estimate, such as actual traffic counts made at a similar facility in the town, that source may be used and a full citation of the source and methods shall be presented with the trip generation estimates.

(Ord. No. 5-92, § 9.5, 8-25-92)

For the purpose of these regulations the available capacity of a facility shall be determined by:

(1)

Adding together:

a.

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

b.

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

1.

Construction of the new facilities is under way at the time of issuance of the final development order, or, where no final development order is required, construction of the new facilities is underway at the time of issuance of the first development permit for a site;

2.

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of issuance of the final development order, or, where no final development order is required the new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of issuance of the first development permit for a site; and

3.

The new facilities are guaranteed in an enforceable development agreement. 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 pursuant to F.S. ch. 380. Such facilities shall be consistent with the capital improvements element of the town comprehensive plan. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(2)

Subtracting from that number summed under subsection 34-615(1) the sum of:

a.

The demand for the service or facility created by existing development as documented in the town comprehensive plan; and

b.

The demand for the service or facility created by development permitted since adoption of the comprehensive plan and prior to adoption of the town's land development regulations pursuant to F.S. § 163.3202, and the anticipated completion of other approved developments, redevelopment or other development activity.

(3)

Resultant of calculations in subsections 34-615(1) and 34-615(2). The resultant of the adding together of existing and committed facility availability, and subtracting from that value the existing and committed facility demand, shall be the available capacity at the latest point in time at which concurrency is determined.

(Ord. No. 5-92, § 9.6, 8-25-92)

Where the value of available capacity cannot be shown to be the necessary value needed to serve a proposed development, the following methods may be used to maintain the adopted level of service:

(1)

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

(2)

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

(Ord. No. 5-92, § 9.7, 8-25-92)

The burden of showing compliance with these level of service requirements shall be the responsibility of the developer. In order to be approvable, applications for development shall provide sufficient information showing compliance with these standards, which may require calculation of expected facility demand to be certified by a professional engineer registered in the state.

(Ord. No. 5-92, § 9.8, 8-25-92)

The initial determination of concurrency occurs during the review of the preliminary development plan and shall include compliance with the level of service standards adopted by the town. When a proposed development is not required to be authorized by a final development order the initial determination of concurrency shall occur during the review of the proposed development plan prior to issuance of a development permit.

(Ord. No. 5-92, § 9.9, 8-25-92)

(a)

Contents. The town shall prepare an annual report on the concurrency management system that includes:

(1)

A summary of actual development activity, including a summary of certificates of occupancy, indicating the 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 final development orders issued prior to the adoption of this chapter; and

e.

Those that result from final development orders issued pursuant to the requirements of this chapter.

(3)

A summary of preliminary development orders issued, indicating:

a.

Those that expired without subsequent final development orders;

b.

Those that are valid at the time of the report; and

c.

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

(4)

A summary of final development orders issued, indicating:

a.

Those that expired without subsequent building permits;

b.

Those that were completed during the reporting 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 final development orders.

(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 final development orders;

c.

A comparison of the actual capacity to calculated capacity resulting from approved preliminary development orders and final development orders;

d.

A comparison of actual capacity and levels of service to adopted levels of service from the town comprehensive plan; and

e.

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

(b)

Use of the annual report. The concurrency management system annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following completion of the annual report.

(Ord. No. 5-92, § 9.10, 8-25-92)

(a)

Potable water. Development activity shall not be approved unless there is sufficient available capacity to sustain the following level of service for potable water as established in the potable water subelement of the town comprehensive plan:

Minimum design flow: 65 gallons per capita per day

(b)

Wastewater. The comprehensive plan for the town allows the use of septic tanks for individual on-site wastewater treatment. Septic tanks and their associated drainfields are to be installed in accordance with the state department of health and rehabilitative services F.A.C. 10D-6, and the state department of environmental regulations F.A.C. 62-600. Septic tanks should be inspected for sludge and scum accumulation approximately every other year. If inspections are not performed pump-outs should be performed every three to five years. The existing level of service concept is not applicable to the town, since all wastewater is treated by individual on-site wastewater treatment systems, septic systems. All septic systems are hereby required to be installed in an environmentally safe manner, as to prevent degradation of the Withlacoochee River. Should a centralized sewerage facility be installed in the town, a level of service standard will be established through a comprehensive plan amendment.

(c)

Transportation system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the traffic circulation element of the town comprehensive plan:

(d)

Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage subelement of the town comprehensive plan. The level of service for the town drainage system is equivalent to the regulations of the Southwest Florida Water Management District for open basins as provided for in F.A.C. 40D-4 and 40D-40, but in addition removing all exemptions for all subdivisions, residential, commercial, and industrial land uses. In all cases, the postdevelopment peak rate and amount of discharge may not be greater than the predevelopment peak rate and amount of discharge. The proposed drainage system's detention/retention on runoff calculation shall be those as required for development in Basis of Review for Surface Water Management Permit Application within the Southwest Florida Water Management District.

(e)

Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following level of service for the solid waste as established in the solid waste subelement of the town comprehensive plan:

(f)

Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the recreation and open space element of the town comprehensive plan:

(Ord. No. 5-92, § 9.11, 8-25-92)