The Land Development Regulation Administrator shall be designated by resolution of the Board of County Commissioners and shall administer and enforce these land development regulations directly or through aides and assistants. In the performance of his or her duties, the Land Development Regulation Administrator may request the assistance of any officer or agency of the county.

The Land Development Regulation Administrator shall investigate promptly complaints of violations and report findings and actions to complainants, and shall use best endeavors to prevent violations or to detect and secure the correction of violations. If the Land Development Regulation Administrator finds that a provision of these land development regulations is being violated, the Land Development Regulation Administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The Land Development Regulation Administrator shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by these land development regulations necessary to ensure compliance with or to prevent violations of these land development regulations.

It is the intent of these land development regulations that questions of interpretation and enforcement shall first be presented to the Land Development Regulation Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Land Development Regulation Administrator.

The Land Development Regulation Administrator shall maintain written records of official actions regarding (1) land development regulation administration; (2) complaints and actions taken with regard to the land development regulations; and (3) violations discovered by whatever means, with remedial action taken and disposition of all cases, all of which shall be public record.

The Land Development Regulation Administrator shall determine whether applications for building permits required by the building code of the county are in accord with the requirements of these land development regulations, and no building permit shall be issued without written certification that plans submitted conform to applicable land development regulations. No building permit shall be issued by the Land Development Regulation Administrator except in conformity with the provisions of these land development regulations, unless the Land Development Regulation Administrator shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by these land development regulations, or unless he or she shall receive a written order from the Board of County Commissioners or a court of competent jurisdiction.

14.3.1. Information necessary for application. Applications for building permits required by the building code of the county shall be accompanied by two copies of the plot and construction plans drawn to scale showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of existing structures, if any; the exact size and location on the lot of the buildings or structures to be erected or altered; the existing use of buildings or structures on the lot, if any; the intended use of each building or structure or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine and provide for the enforcement of these land development regulations. The application shall be accompanied by a survey of the lot, prepared by a land surveyor or engineer registered in Florida. All property stakes shall be in place and clearly identified at the time of application.

14.3.2. Public record. One copy of the plot and construction plans shall be returned to the applicant by the Land Development Regulation Administrator, after marking such copy either as approved or disapproved, and attested by the Land Development Regulation Administrator's signature on the plans. The second copy of the plot and construction plans, similarly marked, shall be retained by the Land Development Regulation Administrator as part of the public record.

14.3.3. Display of permit. Building permits shall be issued in duplicate and one copy shall be kept on the premises affected prominently displayed and protected from the weather when construction work is being performed thereon. No owner, contractor, workman or any other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by these land development regulations, nor shall they perform building operations of any kind after notification of the revocation of the building permit.

14.3.4. Expiration of building permit. Every permit issued shall become invalid unless the work authorized by such permit is commenced in the form of actual construction within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced; provided that one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be in writing by the Land Development Regulation Administrator.

14.3.5. Construction and use to be as provided in applications; status of permit issued in error. Building permits issued on the basis of plans and specifications approved by the Land Development Regulation Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these land development regulations and punishable as set out in these land development regulations in article 15.

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of [an] application by the Land Development Regulation Administrator shall in no way exempt the applicant from strict observance of applicable provisions of these land development regulations and all other applicable regulations, ordinances, codes, and laws.

A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, and the Board of County Commissioners shall have the power to revoke such permit if actual construction has not commenced.

14.4.1. General. It shall be unlawful to use or occupy, or permit the use or occupancy, of any building or premises, or part of any building or premises, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of land development regulation compliance shall have been issued by the Land Development Regulation Administrator stating that the proposed use of the structure or land conforms to the requirements of these land development regulations.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of land development regulation compliance, and the certificate shall be issued in conformity with the provisions of these land development regulations upon completion of the work.

14.4.2. Temporary certificate of land development regulation compliance. A temporary certificate of land development regulation compliance may be issued by the Land Development Regulation Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as are necessary in the circumstances to protect the safety of occupants and the general public.

14.4.3. Records, violations. The Land Development Regulation Administrator shall maintain a record of all certificates of land development regulation compliance, and a copy shall be furnished upon request to any person at a reasonable cost for duplication.

Failure to obtain a certificate of land development regulation compliance as set out in these land development regulations shall be a violation of these land development regulations and punishable as provided by article 15 of these land development regulations.

Certificates of land development regulation compliance issued on the basis of plans and specifications approved by the Land Development Regulation Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these land development regulations and punishable as set out in article 15 of these land development regulations.

Where, by the terms of these land development regulations or other applicable regulations or ordinances of the Board of County Commissioners, provision is made for ensuring to the Board of County Commissioners that the public improvements required will be constructed as required, the following procedures and regulations shall govern. Before any building permit is issued in such situation, the Board of County Commissioners shall require the applicant to present satisfactory evidence that full provision has been made for public improvements including, but not limited to, utility lines, sanitary sewers, storm sewers, construction or reconstruction of streets or alleys, street signs, and traffic devices or signals. Where such public improvements are to be constructed by the applicant in accordance with the applicant's permit, the Board of County Commissioners shall require security satisfactory to the Board of County Commissioners in the form of (1) a deposit in cash or cashier's check or (2) a performance and payment bond in the amount of 110 percent of the estimated cost of such improvements. The purpose of this requirement is to ensure to the Board of County Commissioners that the public improvements required will be properly and timely completed and paid [for] by the applicant. The form of any such bond or sureties thereon shall be subject to the approval of the county attorney for the Board of County Commissioners as to legal form and correctness prior to the issuance of any building permit.

No mining activities which involve the dredging or filling of land or water areas shall be conducted without first obtaining a special permit for such activities from the Board of County Commissioners in conformance with the requirements as stated below. Requests for such special permits shall be submitted in writing to the Land Development Regulation Administrator together with the payment of such reasonable fees as the Board of County Commissioners may determine through action in setting fees as set out in Article 1 of these land development regulations. The Land Development Regulation Administrator shall erect a sign advertising the permit request on a prominent position on said land.

The Board of County Commissioners shall hold a public hearing in accordance with Article 13 of these land development regulations. At the hearing, any person may appear in person or by agent. The Board of County Commissioners shall take final action on the permit request by approving, approving with conditions, or denying the permit request. Appeals from decisions of the Board of County Commissioners shall be heard as set out in Article 12 of these land development regulations.

The County shall limit mining operations to those areas shown on Illustration A-XI of the Future Land Use Map Series of the County's Comprehensive Plan entitled Mining Areas. All such mining activities shall be conducted in accordance with the following criteria:

(a)

The filing of a mining master plan with the Board of County Commissioners, which shall:

(1)

Describe the boundaries of the areas of proposed mining;

(2)

Describe the location of existing or proposed processing facilities, highways and railroads;

(3)

Provide a topographic map of the area and its relationship to watersheds, drainage ways, floodways, streams, rivers and lakes;

(4)

Describe the mining process to be conducted; and

(5)

Describe the reclamation process to be conducted after mining, including the delineation of areas to be restored.

(b)

Upon review of the mining master plan, the Board of County Commissioners may approve, approve with conditions or deny an operating permit to commence the activities stated within the master plan, subject to all areas mined or disturbed by mining operations be reclaimed. Land and water areas shall be considered reclaimed if they include the following, when applicable:

(1)

Land areas not less than 3 feet above the ground water table, that have been graded to a level, gently rolling, sloping or terraced topography, with major continuous slopes no steeper than 4 horizontal to 1 vertical and in a way to minimize erosion due to rainfall, break up long uninterrupted slopes and make the surface suitable for vegetation. Vegetation shall be appropriately planted to prevent erosion and promote the future land use of the reclaimed area.

(2)

Water areas shall have a diversity of shallow and deep areas to enhance lake productivity for fish and wildlife habitat. Subaqueous slopes shall be no steeper than 4 horizontal to 1 vertical out to 6 foot depth at design elevation. Water quality shall be satisfactory for fish production and other wildlife.

(3)

Reclamation shall commence on mined areas, within 18 months after mining is completed in the area. Progress shall be according to a time schedule established prior to commencing work and reported upon annually as to the reclamation accomplished during the preceding calendar year.

(4)

Other standards set forth in Chapter 16C-16, Florida Administrative Code, Mine Reclamation, in effect upon adoption of this policy, shall be applied in this policy. Nothing in this policy shall be in conflict with Chapter 16C-16, Florida Administrative Code, in effect upon adoption of this policy.

(5)

Mining shall be prohibited which will result in an adverse effect on environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled Critical Wildlife Conservation Areas, and rare or unique vegetative communities, which cannot be restored, based upon competent and substantial scientific evidence presented to the County at the time the master mining plan is reviewed by the Board of County Commissioners. Environmentally sensitive lands, such as wetlands, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled Critical Wildlife Conservation Areas, and rare or unique vegetative communities, which can be restored shall be restored to the same type, nature and function ecosystem.

For the purposes of these Land Development Regulations "restoration" when used in conjunction with mining operations shall mean the recontouring and revegetation of lands, which will return the type, nature, and function of the ecosystem to the condition in existence immediately prior to mining operations.

The County shall recognize technological limitations and economic considerations concerning the methods and practices to be used to restore environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled Critical Wildlife Conservation Areas, and rare or unique vegetative communities.

However, such considerations shall not result in environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Game and Fresh Water Fish Commission within the publication entitled Critical Wildlife Conservation Areas, and rare or unique vegetative communities, not being restored to the same type, nature and function ecosystem. For example, restoration shall be considered accomplished when immature trees are used; mature trees are not required to be replanted in areas where mature trees were removed to allow for mining.

For the purposes of these Land Development Regulations "revegetation" when used in conjunction with mining operations in reclaimed areas means a cover of vegetation consistent with land form created and the future land uses. In restored areas, it means a cover of vegetation that is designed to return the restored area to the condition in existence prior to mining operations.

In addition to obtaining this permit, the applicant shall meet any additional requirements of the County, regional agencies, the State of Florida and the United States of America.

(Ord. No. 09-10, §§ 3, 4, 6-1-09)

Editor's note— Ord. No. 09-10, § 3, adopted June 1, 2009, repealed the former § 14.6 in its entirety, which pertained to special permits for bulkheads, docks, and similar structures. Section 4 of Ord. No. 09-10 renumbered former § 14.7 as § 14.6, changing the title from "Special permits for land and water fills, dredging, excavation, and mining" to read as herein set out. See also the Code Comparative Table.

No borrow pit activities shall be conducted without first obtaining a special permit for such activities from the Board of County Commissioners in conformance with the requirements listed below. Requests for such special permits shall be submitted in writing to the Land Development Regulation Administrator together with the payment of such reasonable fees as the Board of County Commissioners may determine through action in setting fees as set out in Article 1 of these Land Development Regulations. The Land Development Regulation Administrator shall erect a sign advertising the permit request on a prominent position on said land.

The Board of County Commissioners shall hold a public hearing in accordance with Article 13 of these Land Development Regulations. At the hearing, any person may appear in person or by agent. The Board of County Commissioners shall take final action on the permit request by either approving, approving with conditions, or denying the permit request. Appeals from decisions of the Board of County Commissioners shall be heard as set out in Article 12 of these Land Development Regulations.

All such fill or borrow pit activities shall be conducted in accordance with the following criteria:

1.

Excavation may not take place within 50 feet of a property line and an all natural vegetation buffer shall be retained and shall remain undisturbed in its natural state within the 50 foot buffer zone.

2.

Excavation may not take place within 150 feet of a property line of a residence, school, public park or playground, which shall have been in use as such, at the time excavation is begun.

3.

If available an all natural vegetation buffer shall be retained and shall remain undisturbed in its natural state within 150 feet of a property line of a residence, school, public park or playground.

4.

If a fill borrow or borrow pit is located between 150 feet and 660 feet of a residence, school, public park or playground a minimum of four foot fence of American woven wire or equal to, shall be installed around the perimeter.

5.

Excavation must begin within 180 days of permit approval by the Board of County Commissioners.

6.

No excavation shall take place 30 minutes before daylight of each day and 30 minutes after sunset.

7.

The lot or parcel shall have access to a public right-of-way.

8.

The lot or parcel shall be posted every 25 yards along the parcel perimeter with weather resistant signage stating: DANGER NO TRESPASSING.

9.

In no event shall any fill borrow or borrow pit began excavation within any zoning classification without prior approval of special permit by Board of County Commissioners.

10.

The applicant shall receive approval and submit a copy of permit or exemption from the appropriate state agencies having jurisdiction.

11.

As excavation of a fill or borrow pit progresses, the applicant shall leave all side slopes along the perimeter graded to not steeper than four horizontal to one vertical and begin restoration and re-vegetation within 180 days and complete the work within 365 days unless a different time schedule is approved within the application.

12.

Nothing in this policy shall be in conflict with Chapter 16C-16, Florida Administrative Code, in effect upon adoption of this policy.

13.

Execution of road maintenance agreement when located on county maintained roads prior to approval of special permit by Board of County Commissioners.

14.

Provide sanitation facilities on site during construction.

(Ord. No. 09-10, § 5, 6-1-09; Ord. No. 10-03, § 1, 3-18-2010)

It shall be deemed a violation of these land development regulations for any person, firm, corporation, or other entity to place or erect any mobile home on any lot or parcel of land within any area subject to these land development regulations for private use without first having secured a mobile home move-on permit from the Land Development Regulation Administrator. Such permit shall be deemed to authorize placement, erection, and use of the mobile home only at the location specified in the permit. The responsibility of securing a mobile home move-on permit shall be that of the person causing the mobile home to be moved. The move-on permit shall be posted prominently on the mobile home before such mobile home is moved onto the site.

A special family lot permit may be issued by the Land Development Regulation Administrator on land zoned agricultural and environmentally sensitive areas within the county comprehensive plan for a grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child or grandchild of the person who conveyed the parcel to said individual, not to exceed one dwelling unit per acre. This provision is intended to promote the perpetuation of the family homestead in rural areas by making it possible for family members to reside on lots which exceed maximum density for such areas, provided that the lot complies with the following conditions for permitting:

1.

The minimum lot width shall be one 125 feet; and

2.

The division of lots shall be by recorded separate deed and may be accessed by a minimum 30-foot wide easement and meet all other applicable land development regulations; and

3.

The family lot permit shall only be issued once for each relative of the parent tract owner.

4.

The relative using the family lot provision must retain ownership of said lot for five years.

(Ord. No. 06-42, § 1, 11-16-06; Ord. No. 08-28, § 2, 9-18-08)

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in these land development regulations, the following regulations shall govern temporary uses.

14.10.1. Temporary use permits issued by Board of County Commissioners. The Board of County Commissioners may issue a temporary use permit in agricultural, commercial, and industrial districts for commercial circuses, carnivals, outdoor concerts, and similar uses.

Requests for such a permit shall be submitted in writing to the Land Development Regulation Administrator together with such reasonable fees as the Board of County Commissioners may determine through action in setting fees as set out in article 1 of these land development regulations.

The Land Development Regulation Administrator shall forward the request to the Planning and Zoning Board for review and shall erect a sign advertising the request on a prominent position on said land. The Planning and Zoning Board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to Planning and Zoning Board consideration of temporary use permits shall be a public record. At the public session, any person may appear in person or by agent or attorney. The Planning and Zoning Board shall submit its report and recommendation to the Board of County Commissioners. The Planning and Zoning Board report and recommendation shall be advisory only and not binding upon the Board of County Commissioners.

Within a reasonable time after receiving the Planning and Zoning Board report and recommendation, the Board of County Commissioners shall hold a public hearing to consider the request. The Board of County Commissioners shall fix a reasonable time for the hearing, [and] give public notice thereof, as well as due notice to the parties involved. At the hearing, any person may appear in person or by agent or attorney.

The Board of County Commissioners shall take final action on the request by either approving, approving with conditions, or denying the request.

Prior to granting a temporary use permit, the Board of County Commissioners shall determine that:

1.

Any nuisance or hazardous feature involved is suitably separate from adjacent uses.

2.

Excessive vehicular traffic will not be generated on minor residential streets.

3.

A vehicular parking problem will not be created.

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of these land development regulations and shall be punished as set out in article 15 of these land development regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the temporary use permit is granted, shall be deemed a violation of these land development regulations and punishable as provided in these land development regulations.

14.10.2. Temporary use permits issued by the Land Development Regulation Administrator. Certain uses are of short duration and do not create excessive incompatibility during the course of the use. Therefore, the Land Development Regulation Administrator is authorized to issue temporary use permits for the following activities, after a showing that any nuisance or hazardous feature involved is suitably separated from adjacent uses, excessive vehicular traffic will not be generated on minor residential streets, and a vehicular parking problem will not be created:

1.

In any zoning district: Special events operated by nonprofit, eleemosynary organizations.

2.

In any zoning district: Christmas tree sales lots operated by nonprofit, eleemosynary organizations.

3.

In any zoning district: Other uses which are similar to (1) and (2) above and which are of a temporary nature where the period of use will not extend beyond 30 days.

4.

In any zoning district: Mobile homes or travel trailers used for temporary purposes by any agency of municipal, county, state, or federal government; provided such uses shall not be or include a residential use.

5.

In any zoning district: Mobile homes or travel trailers used as a residence, temporary office, security shelter, or shelter for materials of goods incident to construction on or development of the premises upon which the mobile home or travel trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than 12 months without the approval of the Board of County Commissioners and the Board of County Commissioners shall give such approval only upon finding that actual construction has begun and is continuing.

6.

In agricultural, commercial, and industrial districts: Temporary religious or revival activities in tents.

7.

In agricultural districts: In addition to the principal residential dwelling, one additional mobile home used as an accessory residence, provided that such mobile home is occupied by persons related by blood, adoption, or marriage to the family occupying the principal residential use. Such mobile home is exempt from lot area requirements, and shall not be located within required yard areas. Such mobile home shall not be located within 20 feet of any building. A temporary use permit for such mobile home may be granted for a time period up to five years. When the temporary use permit expires, the applicant may reapply for a new temporary use permit.

8.

In shopping centers within commercial intensive districts only: Mobile recycling collection units. These units shall operate only between the hours of 7:30 a.m. and 8:30 p.m. and shall be subject to the review of the Land Development Regulation Administrator. Application for permits shall include written confirmation of the permission of the shopping center owner and a site plan which includes distances between the mobile recycling collection units and buildings, roads, and property lines. No permit shall be valid for more than 30 days within a 12-month period, and the mobile unit must not remain on-site more than seven consecutive days. Once the unit is moved off-site, it must be off-site for six consecutive days.

Requests for such a permit shall be submitted in writing to the Land Development Regulation Administrator together with such reasonable costs as the Board of County Commissioners may determine through action in setting fees as set out in article 1 of these land development regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which [the] temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the special permit is granted, shall be deemed a violation of these land development regulations and punishable as provided in article 15 of these land development regulations.

14.10.3. Temporary use permits issued by the County Manager. Certain land uses are of sufficient temporary duration and do not create excessive incompatibility during the course of the use. Therefore, the County Manager is authorized to issue temporary use permits, after showing of hardship by the applicant based upon the following conditions:

1.

A family emergency requiring a relative or other family member to relocate to a property upon which their relative or family member currently resides so as to provide medical, health, therapeutic or some type of care for a sick, elderly, handicapped or injured family member. For the purpose of this section, the term family member shall be defined as defined in section 14.9 of these land development regulations or otherwise defined by Florida Law.

2.

Extreme economic distress such that the County Manager can reasonably determine that such a temporary use is the only means for the applicant to provide for their family or themselves shelter and housing.

3.

Any such other condition that the County Manager determines that constitutes a hardship.

Request for temporary use permits as outlined in this section shall be submitted in writing on an approved form from the County Manager together with such reasonable costs, as the Board of County Commissioners may determine through action in setting fees as set forth in article 1 of the land development regulations.

Appropriate conditions and safeguards may be imposed by the County Manager upon approving a temporary use permit as outlined in this section and may include but not limited to reasonable time limits within which the conditions for which the temporary use permit is requested shall commence or terminate or both. Violations of such conditions or safeguards, where made a part of the terms under which the temporary use permit is granted, shall be deemed a violation of these land development regulations and shall be deemed punishable as provided in article 15 of these land development regulations.

Any decision made by the County Manager, as outlined in this section, may be appealed to the Board of County Commissioners.

Decisions of the Board of County Commissioners as outlined in this section shall be final.

Temporary use permits granted by the County Manager as outlined in this section shall be valid, unless otherwise revoked for a period not to exceed 12 months.

Requests for an extension beyond said 12-month period may be made in writing to the Board of County Commissioners.

(Ord. No. 2011-15, § 1, 6-16-2011)

The Board of County Commissioners may issue a temporary use permit in all zoning districts for commercial circuses, carnivals, outdoor concerts, tent or retail sales and similar uses.

Requests for such a permit shall be submitted in writing to the Land Development Regulation Administrator together with such reasonable fees as the Board of County Commissioners may determine through action in setting fees as set out in article 1 of these land development regulations.

The Land Development Regulation Administrator shall erect a sign advertising the request on a prominent position on said land.

The Board of County Commissioners shall hold a public hearing to consider the request. The Board of County Commissioners shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the hearing, any person may appear in person or by agent or attorney.

The Board of County Commissioners shall take final action on the request by either approving, approving with conditions, or denying the request.

Prior to granting a temporary use permit, the Board of County Commissioners shall determine that:

1.

Any nuisance or hazardous feature involved is suitably separate from adjacent uses.

2.

Excessive vehicular traffic will not be generated on minor residential streets.

3.

A vehicular parking problem will not be created.

4.

All safety and environmental issues must be addressed.

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of these land development regulations and shall be punished as set out in article 15 of these land development regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the temporary use permit is granted, shall be deemed a violation of these land development regulations and punishable as provided in these land development regulations.

(Ord. No. 09-10, § 6, 6-1-09)

Certain uses are essential to providing service to a community and therefore require special permitting.

Essential services requiring a special permit to be approved by the Board of County Commissioners are: electrical transmission lines and substations, natural gas transmission lines, natural gas compressor stations and radio telecommunication and television antennae or towers, owned or operated by publicly regulated entities. The aforesaid essential services are a permitted use throughout the unincorporated area of the County upon obtaining approval of a special permit by the Board of County Commissioners.

All other essential services which do not require a special permit from the Board of County Commissioners are hereby defined to include and be limited to poles, wires (including electrical transmission and distribution lines, telephone lines and substations and cable television lines), mains (including water distribution lines and mains and natural gas distribution lines and mains), hydrants, drains, pipes, conduits, telephone booths, school bus shelters, bicycle racks, bus stop benches, newspaper delivery boxes, mail boxes, police or fire call boxes, traffic signals, and other similar structures.

In addition, where permanent structures are involved in providing essential services, such structures shall conform with the character of the district in which the property is located and to architectural and landscaping characteristics of the adjoining properties.

The criteria for the granting of special permits for essential services shall be limited to a showing of the need for such services in the requested location, that it is in the public interest that such special permits be granted, and that it is in compliance with the other provisions heretofore set out in this Section.

Further, all essential services requiring a special permit to be approved by the Board of County Commissioners shall conform the following criteria for approval: No essential service shall be sited within two hundred (200) feet of any single or multiple-family residence, group living facility, school or hospital, said distance to be measured from the centerline of the electrical or natural gas transmission lines, as constructed, or the fenced area of electrical stations. In addition, all radio and telecommunication towers shall also maintain the rated self-collapsing distance from any use listed above.

(Ord. No. 09-11, § 1, 6-1-09)

Where these land development regulations require site and development plan approval, the Board of County Commissioners shall approve all site and development plans as a condition precedent to the issuance of building permits by the Land Development Regulation Administrator.

14.12.1. Contents. The site and development plan required to be submitted by the requirements of these land development regulations shall include the following elements, where applicable:

1.

Vicinity map, indicating general location of the site, abutting streets, existing utilities, complete legal description of property in question, and adjacent land use.

2.

Site plan, including, but not limited to, the following:

a.

Name, location, owner, and designer of the proposed development.

b.

Present zoning for subject site.

c.

Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.

d.

Date, north arrow, and graphic scale not less than one inch equal to 50 feet.

e.

Area and dimensions of site.

f.

Location of all property lines, existing right-of-way approaches, sidewalks, curbs, and gutters.

g.

Access to utilities and points of utility hook-up.

h.

Location and dimensions of all existing and proposed parking areas and loading areas.

i.

Location, size, and design of proposed landscaped areas (including existing trees and required landscaped buffer areas).

j.

Location and size of any lakes, ponds, canals, or other waters and waterways.

k.

Structures and major features fully dimensioned including setbacks, distances between structures, floor area, width of driveways, parking spaces, property or lot lines, and percent of property covered by structures.

l.

Location of trash receptacles.

m.

For multiple family, hotel, motel, and mobile home park site plans:

(1)

Tabulation of gross acreage.

(2)

Tabulation of density.

(3)

Number of dwelling units proposed.

(4)

Location and percent of total open space and recreation areas.

(5)

Percent of lot covered by buildings.

(6)

Floor area of dwelling units.

(7)

Number of proposed parking spaces.

(8)

Street layout.

(9)

Layout of mobile home stands (for mobile home parks only).

3.

Stormwater management plan, including the following:

a.

Existing contours at one foot intervals based on United States Coastal and Geodetic Datum.

b.

Proposed finished elevation of each building site and first floor level.

c.

Existing and proposed stormwater management facilities with size and grades.

d.

Proposed orderly disposal of surface water runoff.

e.

Centerline elevations along adjacent streets.

f.

Water management district surface water management permit.

14.12.2. Procedure. Where, by the terms of these land development regulations, approval by the Board of County Commissioners of a site and development plan is required prior to the issuance of a building permit, 12 sets of such site and development plan shall be submitted to the Land Development Regulation Administrator to be circulated for comment to any other official or department of the county which may have responsibility for some aspect of the site and development plan.

Twelve sets of data required for site and development plan approval shall be submitted to the Land Development Regulation Administrator not less than 15 days prior to the public meeting of the Board of County Commissioners at which the application for site and development plan approval is to be considered together with the payment of such reasonable fees as the Board of County Commissioners may determine through action in setting fees as set out in article 1 of these land development regulations.

14.12.3. Action on site and development plan. The Land Development Regulation Administrator shall forward the application for site and development plan approval along with any comments or criticisms to the Board of County Commissioners for consideration. The Board of County Commissioners shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to Board of County Commissioners consideration of site and development plans shall be a public record and approval, approval with conditions, or denial shall require formal action of the Board of County Commissioners. A petition for a zoning amendment and an application for site and development plan approval shall not be handled concurrently. Rather, an application for site and development plan approval shall be heard only after the applicant has secured the appropriate zoning on the subject parcel.

In reaching a decision as to whether or not the site and development plan as submitted should be approved with a directive to the Land Development Regulation Administrator to issue building permits, the Board of County Commissioners shall be guided in its decision to approve, approve with conditions, or to deny by the following standards. The Board of County Commissioners shall show in its record that each was considered where applicable and shall make findings in regard to those of the following standards which it finds to be applicable:

1.

Sufficiency of statements on ownership and control of the development and sufficiency of conditions of ownership or control, use, and permanent maintenance of common open space, common facilities, or common lands to ensure preservation of such lands and facilities for their intended purpose and to ensure that such common facilities will not become a future liability for the Board of County Commissioners.

2.

Density and/or the intended use of the proposed development with particular attention to its relationship to adjacent and nearby properties and effect on those properties and relationship to the comprehensive plan.

3.

Ingress and egress to the development and proposed structures on the development, with particular reference to automotive and pedestrian safety, minimization of marginal friction with free movement of traffic on adjacent streets, separation of automotive traffic and pedestrian and other traffic, traffic flow and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe, or emergency.

4.

Location and relationship of offstreet parking and offstreet loading facilities to thoroughfares and internal traffic patterns within the proposed development, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscape.

5.

Sufficiency of proposed screens and buffers to preserve internal and external harmony and compatibility with uses inside and outside the proposed development.

6.

Manner of stormwater management on the property, with particular reference to the effect of provisions for stormwater management on adjacent and nearby properties and the consequences of such stormwater management on overall public stormwater management capacities.

7.

Adequacy of provision for sanitary sewers, with particular relationship to overall sanitary sewer availability and capacities.

8.

Utilities, with reference to hook-in locations and availability and capacity for the uses projected.

9.

Recreation facilities and open spaces, with attention to the size, location, and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties and uses within the proposed development, and relationship to community open spaces and recreational facilities.

10.

General amenities and convenience, with particular reference to assuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be in conflict with other development in the area as to cause substantial depreciation of property values.

11.

Such other standards as may be imposed by these land development regulations on the particular use or activity involved.

14.12.4. Issuance of building permits. Upon the approval of the site and development plan application by the Board of County Commissioners or its approval with conditions, building permits for the proposed development shall be issued by the Land Development Regulation Administrator. The development shall be built substantially in accordance with the approved site and development plan. If after such approval, should the owner/applicant or his or her successors desire to make any changes in the site and development plan, such changes shall be submitted to the Land Development Regulation Administrator. If the Land Development Regulation Administrator deems there to be a substantial change or deviation from that which is shown on the approved site and development plan, the owner/applicant or his or her successors shall be required to submit the amended site and development plan for approval as set forth in section 14.12 of these land development regulations. Failure to submit such amended site and development plan for determination by the Land Development Regulation Administrator that a substantial change or deviation is occurring or has occurred, prior to such changes, shall constitute a violation of these land development regulations and shall be punishable as provided in article 15 of these land development regulations.

(Ord. No. 04-35, § 2, 9-23-04)

These land development regulations are required by law to be in conformance with the comprehensive plan. All development in conformance with these land development regulations shall, therefore, be in conformance with the comprehensive plan.

14.13.1. Generally. No development may be approved unless the development is found to be in conformance with the comprehensive plan and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impacts of the development on those facilities.

14.13.2. Determining conformance with the comprehensive plan. If a development proposal is found to meet all the requirements of these land development regulations, it shall be presumed to be in conformance with the comprehensive plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected party may, however, question the consistency of a development proposal with the comprehensive plan. If a question of consistency is raised, the Land Development Regulation Administrator or any of the appointed boards, or the Board of County Commissioners, depending on which is responsible for approving the development, shall make a determination of consistency or inconsistency and support that determination with written findings.

14.13.3. Maintaining level of service standards. The county shall require a concurrency review to be made with applications for development approvals and a certificate of concurrency issued prior to development. The review will analyze the development's impact on traffic circulation, sanitary sewer, solid waste, drainage, potable water, and recreation and open space. This review shall determine if the proposed development is concurrent with level of service standards for the above stated facilities. If the application is deemed concurrent, a certificate of concurrency will be issued by the Land Development Regulation Administrator. If the development requires any other development permit, a copy of the certificate of concurrency shall be included with any future application for a development permit. A separate concurrency review shall not be required for each development permit for the same project. Concurrency review addresses only the availability of public facilities and capacity of services, and a certificate of concurrency does not represent overall development approval.

If the application for development is not concurrent, the applicant shall be notified that a certificate cannot be issued for the development. The burden of showing compliance with the adopted levels of service and meeting the concurrency test shall be upon the applicant.

The Board of County Commissioners shall review applications for development, and a development approval shall be issued only if the proposed development does not lower the existing levels of service of public facilities and services below the adopted level of service in the comprehensive plan.

14.13.3.1. Generally.

1.

The adopted level of service shall be maintained.

a.

No development activity may be approved unless it meets the following requirements designed to ensure that certain public services are available at prescribed levels of service concurrent with the impacts of development.

b.

However, the prescribed levels of service may be degraded during construction of new facilities if upon completion of the new facilities the prescribed levels of service will be met.

2.

Determination of available capacity. For purposes of these land development regulations, the available capacity of a facility shall be determined by adding together:

a.

The total excess capacity of the existing facilities with the total capacity of new facilities. The capacity of new facilities may be counted only if one or more of the following is shown:

(1)

Construction of the new facilities are [is] under way at the time of application.

(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 the development permit is issued.

(3)

The new facilities have been included in the county annual capital budget.

(4)

The new facilities are guaranteed in an enforceable development agreement which may include, but is not limited to, development agreements pursuant to F.S. §§ 163.3220—163.3243, or an agreement or development order pursuant to F.S. ch. 380. Such facilities must be consistent with the capital improvements element of the comprehensive plan and approved by the Board of County Commissioners.

(5)

The developer has contributed funds to the county necessary to provide new facilities consistent with the capital improvements element of the comprehensive plan. Commitment that the facilities will be built shall be evidenced by an appropriate budget amendment and appropriation by the county or other governmental entity.

b.

Subtracting from that number the sum of:

(1)

The demand for the service created by existing development or previously approved development orders; and

(2)

The new demand for the service that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

3.

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

14.13.4. Procedures for concurrency determination. A concurrency test shall be made of the following public facilities and services for which level of service standards have been established in the comprehensive plan, which are (1) traffic circulation, (2) sanitary sewer, (3) solid waste, (4) drainage, (5) potable water and (6) recreation and open space.

1.

For traffic circulation the following determination procedures shall apply:

a.

The county shall provide level of service information as set forth in the most recent data and analysis report in support of the comprehensive plan. If this level of service information indicates a level of service failure, the applicant may either (1) accept the level of service information as set forth in the most recent data and analysis report supporting the comprehensive plan, or (2) prepare a more detailed highway capacity analysis as outlined in the Highway Capacity Manual, Special Report 209 (1985), or a speed and delay study following the procedure outlined by the Florida department of transportation, traffic engineering office, in its Manual for Uniform Traffic Studies.

b.

If the applicant chooses to do a more detailed analysis the (1) applicant shall submit the completed alternative analysis to the Land Development Regulation Administrator for review, and (2) Land Development Regulation Administrator shall review the alternative analysis for accuracy and appropriate application of the methodology.

c.

If the alternative methodology, after review and acceptance by the Land Development Regulation Administrator, indicates an acceptable level of service, the alternative methodology shall be used in place of the most recent data and analysis to support the comprehensive plan.

d.

Any proposed development generating more than 750 trips a day shall be required to provide a trip distribution model, in addition to the requirements outlined above.

2.

For sanitary sewer, solid waste, drainage, potable water, and recreation and open space the following determination procedures shall apply:

a.

The county shall provide level of service information as set forth in the most recent data and analysis report in support of the comprehensive plan.

b.

If such level of service information indicates that the proposed project would not result in a level of service failure, the concurrency determination would indicate that adequate facility capacity at acceptable levels of service was available.

c.

If such level of service information indicates that the proposed project would result in a level of service failure, the concurrency determination would be that adequate facility capacity at acceptable levels of service was not available at the date of application or inquiry.

14.13.5. Determination of project impact. The impact of proposed development activity on available capacity shall be determined as follows:

14.13.5.1. Building permits. The issuance of a building permit has more of an immediate impact on the level of service for public facilities than may be the case with the issuance of other types of development orders. Therefore, building permits shall be issued only when the necessary facilities and services are in place. The determination of the existence of the necessary facilities and services being in place shall be made by the Land Development Regulation Administrator as part of the certificate of concurrency compliance procedure. For traffic circulation, this determination shall apply to the adopted level of service standards for roads within the county jurisdiction. All public facility impacts shall be determined based on the level of service of the facility throughout the facility geographic service area.

14.13.5.2. Other types of development orders. Other types of development orders include, but are not limited to, approval of subdivisions, rezoning, special permits and site and development plan approval. These other types of development orders have less immediate impacts on public facilities and services than the issuance of a building permit. However, public facilities and services must be available concurrent with the impacts of development permitted by these other types of development orders. Therefore, subject to the Land Development Regulation Administrator determining that the necessary facilities or services are in place and are maintaining the adopted level of service, the following concurrency management requirements shall apply for the issuance of such development orders.

1.

Provisions shall be included within the development order which shall require the construction of additional public facility capacity, where public facilities, due to the impacts of the development proposal, do not meet the adopted level of service; and

2.

Such provisions shall require the necessary public facilities be constructed by the developer and at the developer's expense, or by the public or private entity having jurisdictional authority over the facility, to the adopted level of service so that the necessary facilities and services will be in place when the impacts of the development occur and within conformance with the five-year schedule of improvements found within the capital improvements element of the comprehensive plan.

14.13.6. [Development orders and permits.] For development orders and permits, the following determination shall apply:

1.

If an applicant desires to determine whether there is sufficient capacity to accommodate their proposed project, the Land Development Regulation Administrator shall make an informal nonbinding determination of whether there appears to be sufficient capacity in the public facilities and services to satisfy the demands of the proposed project.

If there appears to be insufficient capacity, the Land Development Regulation Administrator shall then make a determination of what public facilities or services would be deficient if the proposed project were approved.

2.

There are certain development approvals that are ineligible to receive concurrency reservation because they are too conceptual and, consequently, do not allow an accurate assessment of public facility impacts. These development approvals are land use amendments to the comprehensive plan and rezoning requests. Those development approvals shall receive a nonbinding concurrency determination.

3.

Any concurrency determination, whether requested as part of an application for development approval or without an application for development approval, is a nonbinding determination of what public facilities and services are available at the date of inquiry. The issuance of a certificate of concurrency compliance shall be the only binding action which reserves capacity for public facilities and services.

14.13.7. Certificate of concurrency compliance. A certificate of concurrency compliance shall only be issued upon final development approval. The certificate of concurrency compliance shall remain in effect for the same period of time as the development order or permit granting final development approval. If the development approval does not have an expiration date, the certificate of concurrency compliance shall be valid for 12 months from the date of issuance.

14.13.8. Application priority. In such cases where there are competing applications for public facility capacity, the following order of priority shall apply:

1.

Issuance of a building permit based upon previously approved development orders permitting redevelopment;

2.

Issuance of a building permit based upon previously approved development orders permitting new development;

3.

Issuance of new development orders permitting redevelopment;

4.

Issuance of new development orders permitting new development.

14.13.9. Concurrency management system. The following conditions apply to the county concurrency management system:

1.

Amendments to the comprehensive plan can be made twice each year and as otherwise permitted as small scale developments. In addition, changes can be made to the capital improvements element of the comprehensive plan by ordinance if the changes are limited to the technical matters listed in F.S. §§ 163.3161—163.3215.

2.

No development or development permit order shall be issued which would require the Board of County Commissioners to delay or suspend construction of any of the capital improvements on the five-year schedule of the capital improvements element of the comprehensive plan.

3.

If by issuance of a development order or development permit a substitution of a comparable project on the five-year schedule is proposed, the applicant may request the Board of County Commissioners to consider an amendment to the five-year schedule in one of the twice annual amendment reviews.

4.

The result of any development failing to meet the required level of service standards for public facilities shall require a halting of the affected development or the reduction of the standard for level of service, which will require an amendment to the comprehensive plan.

The Board of County Commissioners shall use the following level of service standards for making concurrency determinations.

_____

14.14.1. Traffic circulation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for traffic circulation as established in the traffic circulation element of the comprehensive plan.

Established level of service standards at peak hour for the following roadway segments within the county are:

U = Undivided roadway.

_____

14.14.2. Sanitary sewer. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for sanitary sewer systems as established in the sanitary sewer element of the comprehensive plan:

14.16.3 [14.14.3]. Potable water. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water systems as established in the potable water element of the comprehensive plan.

14.16.4 [14.14.4]. Drainage. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for drainage systems as established in the drainage element of the comprehensive plan.

Level of Service Standard

County shall comply with all rules and regulations of the applicable water management district pertaining to drainage facilities.

For all projects not exempted from chapter 40B-4 and 17-25, Florida Administrative Code, in effect upon adoption of this policy, within the county, stormwater management systems will be installed such that the peak rate of post-development runoff will not exceed the peak rate of pre-development runoff.

1.

Such stormwater management systems shall design for storm events up through and including either:

a.

A storm with a ten-year, 24-hour rainfall depth with U.S. Soil Conservation Service type II distribution falling on average antecedent moisture conditions for projects serving exclusively agricultural, forest, conservation or recreational uses; or

b.

A storm with 100-year critical duration rainfall depth for projects serving any land use other than agricultural, silvicultural, conservation or recreational issues.

2.

Facilities which directly discharge into an Outstanding Florida Water shall include an additional level of treatment equal to the runoff of the first 1.5 inches of rainfall from the design storm consistent with chapter 17-25.025(9), Florida Administrative Code, in effect upon adoption of this policy, in order to meet the receiving water quality standards of chapter 17-302, Florida Administrative Code, in effect upon adoption of this policy. Stormwater discharge facilities shall be designed so as not to lower the receiving water quality below its designated classification as established in chapter 17-302, Florida Administrative Code, in effect upon adoption of this policy.

Any development exempt from chapter 17-25 or 40B-4, Florida Administrative Code, in effect upon adoption of this policy, as cited above and which is adjacent to or drains into a surface water, canal or stream, or which enters a ditch which empties into a sinkhole, shall first allow the runoff to enter a grassed swale or other conveyance designed to percolate 80 percent of the runoff from a three-year, one-hour design storm within 72 hours after a storm event. In addition, any development exempt from chapter 17-25 or 40B-4, Florida Administrative Code, in effect upon adoption of this policy, as cited above, which is directly discharged into an Outstanding Florida Water shall include an additional level of treatment equal to the runoff of the first 1.5 inches of rainfall from the design storm consistent with chapter 17-25.025(9), Florida Administrative Code, in effect upon adoption of this policy, in order to meet the receiving water quality standards of chapter 17-302, Florida Administrative Code. Such stormwater discharge facilities shall be designed so as not to lower the receiving water quality below its designated classification as established in chapter 17-302, Florida Administrative Code, in effect on December 12, 1991.

For all projects not exempted from chapter 40B-4 and 17-25, Florida Administrative Code and as administered and regulated by the appropriate state agency, in effect upon adoption of the comprehensive plan within the county, stormwater management systems will be installed such that the peak rate of post-development runoff will not exceed the peak rate of pre-development runoff.

14.16.5 [14.14.5]. Solid waste. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for solid waste facilities as established in the public facilities element of the comprehensive plan.

14.13.6 [14.14.6]. Recreation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreation facilities as established in the recreation and open space element of the comprehensive plan.

14.15.1 Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share transportation program, as required by and in a manner consistent with F.S. § 163.3180(16).

14.15.2 Applicability. The proportionate fair-share transportation program shall apply to all developments in the county that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the county concurrency management system, including transportation facilities maintained by Florida Department of Transportation or another jurisdiction that are relied upon for concurrency determinations, pursuant to the concurrency requirements of this article of the land development regulations. The proportionate fair-share transportation program does not apply to developments of regional impact using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in the comprehensive plan and this article of the land development regulations, and/or F.S. § 163.3180, regarding exceptions and de minimis impacts.

14.15.3 General requirements.

1.

An applicant may choose to satisfy the transportation concurrency requirements of the county by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the comprehensive plan and applicable land development regulations, and

b.

The five-year schedule of capital improvements in the capital improvements element of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the concurrency management system. The provisions of paragraph 2. of this general requirements subsection herein may apply if a project or projects needed to satisfy concurrency are not presently contained within the capital improvements element of the comprehensive plan or an adopted long-term schedule of capital improvements for an adopted long-term concurrency management system.

2.

The county may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share transportation program by contributing to an improvement that, upon completion, will satisfy the requirements of the concurrency management system, but is not contained in the five-year schedule of capital improvements in the capital improvements element or a long-term schedule of capital improvements for an adopted long-term concurrency management system, where the following apply:

a.

The county adopts, by resolution, a commitment to add the improvement to the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan or long-term schedule of capital improvements for an adopted long-term concurrency management system no later than the next regularly scheduled annual capital improvements element update. To qualify for consideration under this section, the proposed improvement must be reviewed by the local planning agency, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1., consistent with the comprehensive plan, and in compliance with the provisions of this section. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

b.

If the funds allocated for the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the county may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity, or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term schedule of capital improvements for an adopted long-term concurrency management system at the next regularly scheduled annual capital improvements element of the comprehensive plan update.

3.

Any improvement project proposed to meet the applicant's fair-share obligation must meet design standards of the county for locally maintained roadways and those of the Florida Department of Transportation for the state highway system.

14.15.4 Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the comprehensive plan and applicable policies in the North Central Florida Strategic Regional Policy Plan, the county shall coordinate with affected jurisdictions, including Florida Department of Transportation, regarding mitigation to impacted facilities not under the jurisdiction of the county. An interlocal agreement may be established with other affected jurisdictions for this purpose.

14.15.5 Application process.

1.

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share transportation program pursuant to the requirements of this section.

2.

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System, then the Florida Department of Transportation will be notified and invited to participate in the pre-application meeting.

3.

Eligible applicants shall submit an application to the county that includes an application fee, as established by a fee resolution, as amended, by the county, and the following:

a.

Name, address and telephone number of owner(s), developer and agent;

b.

Property location, including parcel identification numbers;

c.

Legal description and survey of property;

d.

Project description, including type, intensity and amount of development;

e.

Phasing schedule, if applicable; and

f.

Description of requested proportionate fair-share mitigation method(s).

4.

The county shall review the application and certify that the application is sufficient and complete within 30 calendar days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share transportation program as described in this section, then the applicant will be notified in writing of the reasons for such deficiencies within 30 calendar days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 calendar days of receipt of the written notification, then the application will be deemed abandoned. The Board of County Commissioners may, in its discretion, grant an extension of time not to exceed 60 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

5.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrence of the Florida Department of Transportation. The applicant shall submit evidence of an agreement between the applicant and the Florida Department of Transportation for inclusion in the proportionate fair-share transportation agreement.

6.

When an application is deemed sufficient, complete and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the county and delivered to the appropriate parties for review, including a copy to the Florida Department of Transportation for any proposed proportionate fair-share mitigation on a Strategic Intermodal System facility, no later than 60 calendar days from the date at which the applicant received the notification of a sufficient application and no fewer than 15 calendar days prior to the Board of County Commissioners meeting when the agreement will be considered.

7.

The county shall notify the applicant regarding the date of the Board of County Commissioners meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the Board of County Commissioners.

14.15.6 Determining proportionate fair-share obligation.

1.

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

2.

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

3.

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180 (12), as follows:

_____

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted level of service (LOS), multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.

OR

Proportionate Fair-Share = S[[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

Where:

_____

4.

For the purposes of determining proportionate fair-share obligations, the county shall determine improvement costs based upon the actual cost of the improvement as obtained from the capital improvements element of the comprehensive plan, or the Florida Department of Transportation Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods.

a.

An analysis by the county of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the Board of County Commissioners. In order to accommodate increases in construction material costs, project costs shall be adjusted by the following inflation factor:

_____

Cost _n = Cost _o × (1 + Cost_growth _3yr ) ⁿ

Where:

The three-year growth rate is determined by the following formula:

Cost_growth _3yr = [Cost_growth _-1 + Cost_growth _-2 + Cost_growth _-3 ]/3

Where:

_____

b.

The most recent Florida Department of Transportation Transportation Costs report, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted Florida Department of Transportation Work Program shall be determined using this method in coordination with the Florida Department of Transportation.

5.

If the county has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section.

6.

If the county has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by the county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the county and at no expense to the county. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the county at no expense to the county. If the estimated value of the right-of-way dedication proposed by the applicant is less than the county estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the Florida Department of Transportation for essential information about compliance with federal law and regulations.

14.15.7 Impact fee credit for proportionate fair-share mitigation.

1.

Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the county impact fee ordinance.

2.

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the proportionate fair-share transportation agreement provided for herein as they become due per the county impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the county pursuant to the requirements of the county impact fee ordinance.

3.

Major projects not included within the county impact fee ordinance or created under the general requirements subsection herein which can demonstrate a significant benefit to the impacted transportation system may be eligible at the Board of County Commissioners' discretion for impact fee credits.

4.

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the county impact fee ordinance.

14.15.8 Proportionate fair-share agreements.

1.

Upon execution of a proportionate fair-share agreement the applicant shall receive county concurrency approval. Should the applicant fail to apply for a development permit within 12 months of the execution of the proportionate fair-share agreement, then the proportionate fair-share agreement shall be considered null and void, and the applicant shall be required to reapply.

2.

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 months after the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to the determining proportionate fair-share obligation subsection herein and adjusted accordingly.

3.

All developer improvements authorized under this section must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. Any required improvements shall be completed before issuance of building permits.

4.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

5.

Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

6.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the proportionate fair-share agreement. The application fee and any associated advertising costs to the county are non-refundable.

14.15.9 Appropriation of fair-share revenues.

1.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the capital improvements element of the comprehensive plan, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the Board of County Commissioners, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the Florida Department of Transportation's Transportation Regional Incentive Program.

2.

In the event a scheduled facility improvement is removed from the capital improvements element of the comprehensive plan, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of this section.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, and then the county may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the Florida Department of Transportation's Transportation Regional Incentive Program. Such coordination shall be ratified by the Board of County Commissioners through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(Ord. No. 06-44, § 1, 11-16-06)