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

Except as otherwise provided, no development proposal submitted after the effective date of this Code shall be approved unless public facilities are or will be available to serve a proposed development, such that the Levels of Service adopted in the Comprehensive Plan are maintained. Prior to concurrency approval for a proposed development, the following conditions shall be met, as applicable.

(A)

Potable Water, Sewer, Solid Waste, and Drainage. The concurrency requirement may be met through one of the following conditions or actions:

(1)

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

(2)

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

(3)

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

(4)

The necessary facilities and services are guaranteed in an enforceable development agreement that includes provisions (1) - (3) above. An enforceable development agreement shall include, but is not limited to, the provisions of F.S. § 163.3227, or shall be a development order issued pursuant to F.S. §§ 163.3220—163.3243, or an agreement or development order issued pursuant to Chapter 380, F.S. The agreement shall guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(B)

Transportation System Standard. These regulations apply to the transportation system throughout Hardee County including bikeways, and pedestrian access. This Article shall be construed and implemented to create an efficient, safe, and balanced system of traffic circulation accommodating vehicles, bicycles, and pedestrians. The concurrency requirement may be met by satisfying the conditions listed in paragraphs (A)(1)-(4) above, and by complying with the following standards and those described in the Hardee County Traffic Impact Study Procedures Manual:

(1)

The Capital Improvements Element of the Hardee County Comprehensive Plan and 5-Year Schedule of Capital Improvements must be financially feasible and may recognize and include transportation projects listed in the first three years of the applicable FDOT 5-Year Work Program.

(2)

The 5-Year Schedule of Capital Improvements must include facilities necessary to maintain the adopted level of service standards to serve the proposed new development, and the facilities necessary to eliminate those portions of existing deficiencies that are a priority to be eliminated during the five-year period in which the Capital Improvements Plan is to be implemented.

(3)

The Capital Improvements Element and 5-Year Schedule of Capital Improvements must be based on currently available revenue sources that must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit.

(4)

The 5-Year Schedule of Capital Improvements must include the estimated date of commencement of actual construction and the estimated date of project completion.

(5)

The 5-Year Schedule of Capital Improvements must demonstrate that the actual construction of the road must be scheduled to commence in or before the third year of the five-year schedule.

(6)

A plan amendment would be required to eliminate, defer or delay construction of any road that is needed to maintain the adopted level of service standard and that is listed in the 5-Year Schedule of Capital Improvements.

(7)

The County will adopt land development regulations that, in conjunction with the Capital Improvements Element, ensure that development orders and development permits are issued in a manner that will assure that the necessary public facilities will be available to accommodate the impact of that development.

(8)

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

(9)

The Comprehensive Plan shall clearly designate those areas within which facilities will be provided by the County with public funds in accordance with the 5-Year Schedule of Capital Improvements.

(10)

A traffic impact study shall be prepared and submitted by an applicant seeking development approval for certain developments as part of the concurrency review required by these regulations. The requirements shall be as follows unless otherwise determined by the County Engineer or designee:

(a)

Small projects (i.e., de minimis projects). No traffic impact study will be required for developments generating less than 150 average daily trips. Traffic impact from these developments will be reviewed by the County Engineer or designee who will assign driveway or road connection requirements in accordance with this Article.

(b)

Minor Traffic Impact Analysis (TIA). Developments generating at least 150 but less than or equal to 1,000 average daily trips will be required to submit a minor TIA. Requirements are explained in the Hardee County Traffic Impact Study Procedures Manual.

(c)

Major Traffic Impact Analysis (TIA). A major TIA shall be required for all developments generating more than 1,000 average daily trips. Requirements for this study can also be found in the Hardee County Traffic Impact Study Procedures Manual.

(d)

Each traffic impact study shall be designed to predict the impact of the proposed development on the County's transportation system. The following general information shall be provided as a part of the traffic impact study:

1

A statement explaining the assumptions used in the study including existing average daily background traffic, background traffic growth rate, directional splits, average trip length, major attractions.

2

Estimates and projections of average daily background traffic and the effect of projected development generated traffic on the level of service adopted by the County.

3

The need for frontage or access roads parallel to the primary access road.

4

The need for signalization.

5

Provisions for maintaining the minimum level of service adopted by the County for affected roadways and affected intersections.

(C)

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

(1)

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

(2)

The necessary public facilities and services are guaranteed in an enforceable development agreement that requires the commencement of the actual construction of the public facilities or the provision of services within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to the provisions of F.S. § 163.3227, or an agreement or development order issued pursuant to Chapter 380, F.S.

The Concurrency Management System (CMS) shall identify and inventory existing service capacities available for development as part of a roadway network database (RND), which is further described in the Hardee County Traffic Impact Study Procedures Manual. It shall include facility and service improvements approved in the first three years of the County's 5-Year Schedule of Capital Improvements. No development order or development permit may be issued by the County that results in a reduction in Level of Service (LOS) below the adopted standard.

8.01.02.01 Concurrency Test Statement

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

8.01.02.02 Procedure

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

(A)

Prepare Concurrency Test Statements on forms available at the office of the Planning and Development Division.

(B)

Completed Concurrency Test Statements shall include the following information:

(1)

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

(2)

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

(3)

Identification of all roadways adjacent to the site by name, pavement width, functional classification, jurisdiction (i.e., State, County or City jurisdiction), current capacity and existing Level of Service.

(4)

Projected Average Daily Traffic (ADT) and peak-hour traffic generated by the proposed development and the traffic distribution on the existing roadway(s) consistent with procedures described in the Hardee County Traffic Impact Study Procedures Manual.

(5)

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

(6)

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

(7)

Projected solid waste generation and identification of the service provider.

(8)

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

(9)

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

(10)

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

Where required information is readily available, the Planning and Development Director may, at their discretion, obtain or calculate one or more of the above data requirements. However, it shall be the applicant's full responsibility to ensure that the Concurrency Test Statement is complete and accurate.

The Planning and Development Director shall distribute the completed Concurrency Test Statement to appropriate County departments charged with providing the identified services. Each department shall certify on the Concurrency Test Statement whether or not there is sufficient capacity to service the development.

For any public service not provided by Hardee County, the County Manager/designee may waive capacity certification on a case-by-case basis if there is satisfactory evidence that capacity is available to support the proposed development. Drainage certification for single-family development on existing lots may be waived under the same conditions, if all requirements are met as defined in Article 5, Section 5.05.01 (B), Residential Design Standards.

If the proposal is determined to meet concurrency, the applicant may proceed with the development process as set forth in other sections of this Code. Proposals not meeting concurrency shall not be processed for review until and unless an agreement has been reached by the County and the developer to mitigate the identified deficiency.

Fees for staff review of Concurrency Test Statements shall be established, and may be changed from time to time, by resolution of the Board of County Commissioners.

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

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

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

(A)

Subdivisions. On final approval of a subdivision plat, service capacities shall be allocated based on the approved plat. Allocation of service capacity shall be valid for five years from the date of final plat approval. Reservation of service capacity shall be deemed complete when all infrastructure is completed and in place;

(B)

Site Development Plan. Those developments that are processed under the Site Development Plan review procedures shall be allocated service capacities upon approval of the Site Development Plan. Allocation of service capacity shall be valid for 12 months from the date of Site Development Plan approval. Application for extension must be made from the original approving agency;

(C)

Single-Family Residential on Existing Lots. Prior to receiving a building permit for single-family structures on platted lots existing before the adoption of this Code, or on non-subdivision lots established by metes and bounds legal description, the builder or property owner shall secure a Certificate of Concurrency from the Planning and Development Division. Allocation of service capacity shall be valid until the expiration date of the building permit or the issuance of a Certificate of Occupancy. Construction must occur within six months for allocation of service capacity to be valid.

Through the Concurrency Management System, Hardee County shall maintain the levels of service for public facilities as established in the Comprehensive Plan.

All development that was not approved through a subdivision plat, Special Exception, Site Development Plan, or the issuance of a building permit prior to the date of adoption of this Code shall be subject to an Adequacy Determination through the Concurrency Management System. An Adequacy Determination shall also be required for existing development where any improvement, expansion, or other change is proposed that may result in a greater demand for those public facilities addressed in this Section. The Planning and Development Director shall determine whether a proposed change in existing development requires an Adequacy Determination.

As part of the Adequacy Determination, findings shall be made as to the amount of available capacity in those public facilities that are addressed in this Section.

8.01.07.01 Adequacy of the Road System

A traffic impact study shall be prepared and submitted by an applicant seeking development approval for certain developments as part of the concurrency clearance required by these regulations. The requirements shall be as follows unless otherwise determined by the County Engineer:

(A)

Small Projects (i.e., de minimis projects). No traffic impact study will be required for developments generating less than 150 average daily trips. Traffic impact from these developments will be reviewed by the County Engineer who will assign driveway or road connection requirements in accordance with this Article.

(B)

Minor Traffic Impact Analysis (TIA). Developments generating at least 150 but less than or equal to 1,000 average daily trips will be required to submit a minor TIA. Detailed requirements for this study are described in the Hardee County Traffic Impact Study Procedures Manual.

(C)

Major Traffic Impact Analysis (TIA). A major TIA shall be required for all developments generating more than 1,000 average daily trips. Detailed requirements for this study are described in the Hardee County Traffic Impact Study Procedures Manual.

For the purpose of this Section, improvements to State roads resulting in an improvement in the Level of Service, and that are scheduled to occur by the third year of the FDOT's Five-Year Work Program, shall be considered concurrent. If it is determined that such capacity will not be available, then the specific improvements necessary to enable the road network to reach such capacity shall be identified, through the completion of a detailed transportation study conducted by a professional in the field of transportation planning, and the application may be granted with an express condition regarding the adequacy of the County's transportation network. At the sole discretion of the Board of County Commissioners, such condition shall require one of the following:

(1)

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

(2)

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

(3)

That the applicant enter into an agreement to apply Proportionate Fair Share as set forth in Section 8.01.07.02 of this Code.

8.01.07.02 Transportation Proportionate Fair-Share

(A)

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 Transportation Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(5)(h).

(B)

Applicability. The Transportation Proportionate Fair-Share Mitigation 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's Concurrency Management System (CMS), including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 8.01.07.03.

The Transportation Proportionate Fair-Share Mitigation Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(5)(h)(c), or to developments exempted from concurrency as provided in the Hardee County Comprehensive Plan, Goals, Objectives and Policies, Concurrency Management System, and/or F.S. § 163.3180, regarding exceptions and de minimis impacts. The Transportation Proportionate Fair-Share Program does not preclude applicants from funding transportation improvements pursuant to a development agreement to meet concurrency requirements.

8.01.07.03 General Requirements

(A)

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:

(1)

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

(2)

The five-year schedule of capital improvements in the County's CIE or the long-term schedule of capital improvements for an adopted long-term CMS includes the construction phase of a transportation improvement(s) that, upon completion, will satisfy the requirements of the County's transportation CMS.

The County may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by adding an improvement (construction phase) to the CIE or adopted long-term CMS that will satisfy the requirements of the County transportation CMS. For the purposes of the Proportionate Fair-Share Program, no capacity road project shall be added to the CIE unless any required alignment study or a Project Development and Environmental (PD&E) Study has been completed with an endorsed build alternative.

To implement this option, the County shall adopt, by resolution, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this Section, the proposed improvement must be reviewed by Hardee County, and be determined to be financially feasible , consistent with the comprehensive plan, and in compliance with the provisions of this Section. Any improvement project proposed to meet the developer's fair-share obligation must meet the design standards of the jurisdiction with maintenance responsibility for the subject transportation facility.

8.01.07.04 Application Process

(A)

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 Program pursuant to the requirements of Section 8.01.07.03.

(B)

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, e.g., project status in CIE, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System (SIS), or any state transportation facility, then the FDOT will be notified and invited to participate in the pre-application meeting.

(C)

Eligible applicants shall submit an application to the County that includes an application fee and the following:

(1)

Name, address, and phone number of owner(s), developer and agent.

(2)

Property location, including parcel identification numbers.

(3)

Legal description and survey of property.

(4)

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

(5)

Phasing schedule, if applicable.

(6)

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

(7)

Copy of concurrency application.

(8)

Copy of the project's traffic study or traffic impact analysis.

(9)

Location map depicting the site and affected road network.

(D)

If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the Proportionate Fair-Share Transportation Mitigation Program as indicated in Section 8.01.07.03, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed abandoned. The Board of County Commissioners may, at its discretion:

(1)

Grant an extension of time not to exceed 90 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.

(2)

Pursuant to F.S. § 163.3180(5)(h), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the consent of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(3)

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 or the applicant with direction from the County and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, or any state transportation facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 30 working days prior to the Board of County Commissioners meeting when the agreement will be considered.

(4)

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 transportation mitigation agreement will be effective until approved by the Board of County Commissioners.

8.01.07.05 Determining Transportation Proportionate Fair-Share Mitigation Obligation

(A)

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.

(B)

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 based on the form of mitigation (contributions of private funds, land or facility construction).

(C)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(5)(h), as follows:

The cumulative number of peak hour, peak direction trips from the complete buildout of the proposed development, or buildout of the stage or phase being approved, that are assigned to the proportionate share program segment as defined by traffic impact analysis divided by the change in the peak hour maximum service volume (MSV) of the proportionate share program segment resulting from construction of the proportionate share program improvement, multiplied by the anticipated cost of the proportionate share project. In this context, cumulative does not include project trips from previously approved stages or phases of development.

This methodology is expressed by the following formula:

Proportionate Fair Share = [(Development Trips;sup \ sup;) / (SV
Increase;sup \ sup;)] x Cost;sup \ sup; Where:

(D)

The cost of the proportionate fair-share project shall be determined by the maintaining jurisdiction.

(E)

The value of right-of-way dedications used for proportionate fair-share payment shall be subject to the approval of the maintaining jurisdiction. No value shall be assigned to right-of-way dedications required under ordinance or as a condition of development approval.

8.01.07.06 Impact Fee Credit for Proportionate Fair-Share Mitigation

(A)

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 Agreement as they become due per the Hardee County Impact Fee Ordinance, if adopted. 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's impact fee ordinance.

(B)

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 local impact fee ordinance.

(C)

The amount of traffic impact fee credit for a proportionate fair-share contribution may be up to, but shall not exceed, the project's proportionate fair-share amount and will be determined based on the following formula:

Credit = (Cost of Proportionate Share Project) x (Total Project Traffic Impact Fee Liability)

8.01.07.07 Proportionate Fair-Share Agreements

(A)

Upon execution of a proportionate fair-share agreement and satisfying other concurrency requirements, an applicant shall receive a Hardee County certificate of concurrency approval. Should the applicant fail to apply for building permits within the timeframe provided for in the County concurrency certificate, then the project's concurrency vesting shall expire, and the applicant shall be required to reapply. Once a proportionate fair-share payment for a project is made and other impact fees for the project are paid, no refunds shall be given. All payments, however, shall run with the land.

(B)

Payment of the proportionate fair-share contribution for a project and other road impact fees not subject to an impact fee credit shall be due and must be paid within 60 days of the effective date of the proportionate fair share agreement. The effective date shall be specified in the agreement and shall be the date the agreement is approved by the Board of County Commissioners.

(C)

All developer improvements accepted as proportionate fair share contributions must be completed with three years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement and be accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this Section that any required improvements be completed within three years of the issuance of the first building permit for the project, which is the subject of the proportionate fair share agreement.

(D)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to the effective date of the proportionate fair share agreement.

(E)

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

(F)

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the County shall be nonrefundable.

8.01.07.08 Appropriation of Fair-Share Revenues

(A)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the County's CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT TRIP.

(B)

In the event a scheduled facility improvement is removed from the CIE, 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.

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

(A)

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

(B)

Buildings. The lower floor elevation for buildings shall be no lower than one foot above the 100-year elevation. Refer to Florida Building Code.

(C)

Off-Site Discharge. Off-site discharge is not to exceed the standards allowed by the SWFWMD and this Code.

(D)

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

Potable water service must be available for the needs of the proposed development at the adopted Level of Service. The proposed development shall be designed so as to reserve rights-of way, easements, and any other areas that may be needed for the installation and maintenance of a potable water distribution system that will meet all applicable building, health, and environmental regulations, including Chapter 62-550.102 et seq. F.A.C.

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

Where adequate potable water service will be made available at a future date concurrent with the impacts of the proposed development, an Adequacy Determination must be based on a financially feasible plan to construct or expand a water treatment facility that will have sufficient capacity to provide for the needs of the development. For purposes of the Concurrency Test Statement, the Planning and Development Director shall certify that such a plan exists.

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

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

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

Where adequate sanitary sewer service will be made available at a future date concurrent with the impacts of the proposed development, an Adequacy Determination must be based on a financially feasible plan to construct or expand a wastewater treatment facility that will have sufficient capacity to provide for the needs of the development. For purposes of the Concurrency Test Statement, the Director of Planning and Development shall certify that such a plan exists.

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

Solid waste disposal sites or facilities shall be available prior to development approval to provide for the needs of the proposed development at the Level of Service shown in Section 8.01.06. Certification shall be made by the appropriate County agency, in a form acceptable to the Planning and Development Director, that adequate landfill capacity is available to meet the needs of the proposed development. Certification may be made on a project-by-project basis, or through a written statement, renewed at regular intervals, that sufficient capacity exists to meet Hardee County's needs during a specific time period. In the latter instance, the Director of Planning and Development shall provide Solid Waste Disposal certification on the Concurrency Test Statement.

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

Park and recreational facilities shall be available prior to development approval for any residential development to meet the needs of that development at the adopted Level of Service.

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

If sufficient capacity does not exist for park and recreational facilities at the time the developer seeks development approval, the developer may elect to donate land of suitable size, topography, and general character to serve as a recreation facility that will meet the adopted Level of Service standard for park and recreational facilities, or make payment in lieu of land dedication. See Section 8.11.01.

Consistent with the Public School Facilities Element of the Comprehensive Plan, school facilities shall be available prior to development approval for any residential development to meet the needs of that development at the adopted Level of Service.

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

The Concurrency Management System shall be monitored and updated annually. Monitoring and updating shall consist of summing all approved services during each year and subtracting those sums from the capacities available at the beginning of the concurrency period. Any capital improvement scheduled during the concurrency period and constructed or placed into service shall then be added to the capacity totals. In addition, any developer sponsored facility or service placed into service as a result of mitigation shall be accounted for in the specific facility/service provided. Upon calculation of available capacities under this method, all capital improvements projects budgeted and approved by the Board of County Commissioners in the first year of its 5-Year Schedule of Capital Improvements shall be added to the relevant capacities. The sums of all aforementioned calculations shall then be the available capacities for the next year. The following calculation shall be the basis of the annual concurrency monitoring system:

If capital projects identified in the first year of the County's 5-Year Schedule of Capital Improvements were not constructed or placed into service during the identified concurrency period, those projects shall be subtracted from available capacities and, if not provided for in the Capital Budget, removed from capacity available for concurrency purposes. Development projects approved based on service capacities presumed to be available shall not be permitted to proceed until a method to mitigate any deficiency has been approved. Such mitigation shall include, but not be limited to, phasing of a development project, payment of monies to construct necessary facilities, or the construction of necessary facilities.

Any Subdivision Plat or Site Development Plan for which construction has not begun within the time frame specified in this Code shall be considered lapsed and shall forfeit any allocation of service capacity. Upon forfeiture, all capacities so allocated shall be returned to the facility/service provider. The Concurrency Management System shall be approved by resolution of the Board of County Commissioners on the first regularly scheduled Board of County Commissioners meeting in September of each year.

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

(A)

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

(B)

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

(C)

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

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

(A)

Plan Amendment. The developer may propose a plan amendment that lowers the adopted Level of Service standard for the affected facilities and/or services.

(B)

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

(C)

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

(D)

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

(1)

Cash escrow.

(2)

Irrevocable letter of credit.

(3)

Prepayment of capacity/connection charges.

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

(1)

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

(2)

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

(3)

Amend the Comprehensive Plan to modify the adopted Level of Service standard so as to reduce the required facility to equal the applicant's needs.

(E)

Approval of Methodology. The County, based upon technical review, must approve any method for achieving compliance from the developer before that chosen method will qualify to satisfy the concurrency requirement.

(A)

Parks.

(1)

Where an evaluation under the Concurrency Management System indicates that additional usable recreation land and facilities are needed to maintain the adopted Level of Service standard, the developer shall dedicate land of suitable size, topography and general character to the County or pay a fee that is equal to the fair market value of the land otherwise required to be dedicated, including development cost. The required acreage or fee shall be determined by the Board of County Commissioners based on information supplied in the Concurrency Test Statement submitted in connection with the proposed development.

Conditions for the County's acceptance of dedicated recreation land shall be established in a Development Agreement under the provisions of Section 8.02.00.

(2)

Where dedication of recreation land is not required to maintain the adopted Level of Service the County may refuse to accept such land, or establish reasonable conditions for acceptance. Proposed recreational uses must be consistent with the Future Land Use Map of the Hardee County Comprehensive Plan. Other conditions may include, but are not limited to, the following:

(a).

Land must be readily accessible and usable for recreational purposes;

(b).

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

(c).

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

(B)

Right-of-Way. Right-of-way required to serve all development shall be dedicated in accordance with the requirements of Article 5 of this Code. Where subdivisions are bordered by public right-of-way, additional right-of-way shall be dedicated so as to meet minimum widths specified in the Comprehensive Plan. Where dedicated right-of-way is extended to an adjoining property or street, there shall be no reserved strips affording private control of future access. The County may require public reserved strips where such reservations promote the public health and safety and implement the Comprehensive Plan.

Where right-of-way has been dedicated independent of any requirement of this Code or the Comprehensive Plan, the County may refuse to accept such right-of-way, or establish such conditions for acceptance as the Board of County Commissioners determines to be reasonable.

Except where alleys are provided for the purpose of access and utility placement, easements of no less than 15 feet in width, or wider as the County Engineer deems necessary, shall be dedicated for the installation of underground utilities by the County or franchised utility providers. Easements for watercourses or drainage-ways traversing a subdivision shall be of a width sufficient to convey the volume of stormwater projected to be generated by the 25-year storm event. Such easements shall be approved by the County Engineer.