(1)

The minimum level of service standard for the village roadways is established at LOS C. The future land use element provides development at such low densities that no development order issued in conformance with the plan will generate traffic in excess of the established LOS C. Therefore, all development approved and undertaken in strict conformance with the comprehensive plan shall be presumed to have met the requirements of maintaining LOS C or better capacities of the village roadways.

(1)

Potable water. The minimum acceptable level of service standards for potable water and fire protection shall be such that water is to be delivered to users at a pressure not less than 20 pounds per square inch (20 psi) and not greater than 100 psi; minimum fire flows shall be maintained at not less than 500 gpm in single-family residential areas of densities of less than 5.8 units per acre; 3,000 gpm in all other recreational areas of the country club having fire safety characteristics comparable to Miami-Dade County commercial and industrial areas; automatic fire suppression systems shall be required in all buildings of six floors or more; the Miami-Dade County regional potable water treatment system shall operate with a rated capacity which is no less than two percent above the maximum day flow for the preceding year; water quality shall meet or exceed all federal, state, and county primary standards for potable water; Miami-Dade County WASA system-wide storage capacity for finished water shall equal no less than 15 percent of the county-wide average daily demand.

(Ord. No. 215, § 2, 5-5-2015)

Cross reference— Water, § 6-51 et seq.

(1)

Septic tank systems shall be properly operated and maintained at all times to provide sanitary conditions for waste disposal. The continued proper management of such systems shall ensure protection against overflow discharge, improper substance disposal, and the improper functioning of traps, lines and drainfields. This will avoid introduction of unacceptable levels of bacterial contamination into the adjacent bay waters and continue the acceptable utilization of such septic tank systems. The owner of the facility shall have the full burden to operate, maintain, and bear the cost of damage, administration, prosecution, penalties, and burden of the failure of their sanitary waste disposal systems to function in a safe, healthful and lawful manner.

When new buildings are permitted, the septic tank systems shall meet all Miami-Dade County and State of Florida standards for design and construction, and remain accessible for periodic inspection and future monitoring.

A separate permit shall be required for the installation or repair of all septic tanks.

(Ord. No. 215, § 2, 5-5-2015)

(1)

Solid waste. The village shall maintain nominal collection services by contract vendor at the following levels of service available: residential pickup is to be not less than an annual average of twice a week for household waste and once per week for trash; country club service provided by private contract service, shall continue at a level of service as agreed upon by the parties, not less than once per week. In cooperation with Miami-Dade County, the village shall provide and maintain a minimum acceptable level of service for solid waste collection at an annual average design generation rate of seven pounds per capita per day on a regional basis and an annual average of 1,000 pounds per day total residential and club trash generation, exclusive of landscape debris. Disposal facilities shall be collectively maintained at a minimum of five years' capacity to be available at the regional design generation rate of seven pounds per capita per day, with support proportioned as their interests may appear. Enforcement of such LOS standards shall be provided by the agency with the jurisdictional and operational responsibility to regulate such facilities. The village shall require evidence of service capacity for both collection and disposal as a condition of any development order issued within the village, effective upon adoption.

(1)

Drainage. The village shall require projects to be designed to prevent flood damage in accord with applicable law. The village shall coordinate with the South Florida Water Management District and Miami-Dade County to assure regional and local drainage and flood protection programs are maintained. The minimum acceptable level of service standards for drainage shall be protection from the degree of flooding that would result from a storm event that statistically occurs once in five years for a duration of one day. All land on which habitable development is to occur shall be filled, or habitable structures elevated, to meet or exceed the Miami-Dade County flood criteria adopted by resolution R-951-82, as may be amended from time to time. All new development must retain at least the first one inch of stormwater runoff onsite. Exceptions to this first inch criteria will be reviewed on a case-by-case basis for alternative design solutions to meet extraordinary site conditions and retain equivalent protection of community resources and level of service standards. The burden for the effective protection of the community shall be solely borne by the developer and/or owner of such variance site for any failure of such alternative design and its subsequent correction.

(Ord. No. 225, § 3, 9-8-2020)

(1)

Concurrency management program (CMP). The village hereby establishes the concurrency management program (CMP) to execute the policies set forth in the comprehensive plan and assure compliance with the established level of service standards and commitments made by affected developments. The CMP provides for the regulation and administration of the issuance of development orders to be predicated upon the provision of public services consistent with the comprehensive plan and these land development regulations. The CMP provides that public facilities shall be available to serve developments which are existing, and those holding valid development orders prior to the adoption of the comprehensive plan. [The CMP includes the following:]

Concurrency management monitoring system (CMMS).

Development orders and concurrency.

Schedule of capital improvements.

(2)

Concurrency management monitoring system (CMMS). A concurrency management monitoring system (CMMS) is hereby established which shall enable the village to determine whether it is adhering to the adopted level of service standards and its schedule of capital improvements and to demonstrate the village's capability of monitoring the availability of public facilities and services. The CMMS consists of a series of records and logs which record the current capacity, current demand, and the added capacity and demand associated with each development order issued as it relates to the public services and facilities for potable water, sanitary waste, solid waste, and drainage.

(3)

Development orders and concurrency. No development order may be issued without the assurance of the provision of necessary public facilities on a timely basis concurrent with the need for such facilities to serve existing and proposed developments. Such assurance shall be by one of the following six means and conditioned as applicable by the seventh provision as follows:

(a)

The necessary facilities are under construction at the time the building permit is issued and such construction is the subject of enforceable assurance that it shall be completed and serviceable without unreasonable delay;

(b)

The necessary facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the building permit is issued;

(c)

The necessary facilities are funded and programmed for construction in year 1 of the village's adopted capital budget, or similarly adopted budget of other government agencies;

(d)

The necessary traffic circulation and/or mass transit facilities or services are programmed for construction in or before year 3 of the village's adopted budget or similarly adopted budget of other government agencies including the county's capital budget or the state agency having operational responsibility for affected facilities; in all cases, such facilities must be committed for construction in or before year 3;

(e)

The necessary facilities and services are guaranteed, in an enforceable development agreement, to be provided by the developer. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380; or

(f)

Timely provision of the necessary facilities will be guaranteed by some other means or instrument providing substantially equivalent assurances; and

(g)

In all instances where a decision to issue a building permit is based on the foregoing provisions (c), (d) or (e), the following conditions shall apply:

(i)

The necessary facilities shall not be deferred or deleted from work program or adopted one-year capital budget unless the dependent building permit expires or is rescinded prior to the issuance of a certificate of use and occupancy (CO);

(ii)

The facilities necessary to serve a development must be contracted for construction no later than 36 months after the date that the initial certificate of use and occupancy (CO) is issued for the dependent development;

(iii)

Construction of the necessary facilities must proceed to completion with no unreasonable delay or interruption; and

(iv)

All essential facilities must be in place and capable of supporting the allowable occupancy of a structure as of the time and intensity of demand for such facilities.

(4)

Schedule of capital improvements.

(a)

The comprehensive plan schedule of capital improvements shall be reviewed with respect to each development order to determine the extent to which public capital improvements may be involved. If adjustments are required by the proposed development, to the schedule of capital improvements, such changes shall be made and the cost borne by the developer and owner of the proposed development, in compliance with [subsection] (3), development orders and concurrency, above.

(b)

The village shall assure the provision of public facilities and services at no less than the established level of service standards and manage the land development process to assure public facility needs do not exceed the village's ability to adequately fund and provide or require provision of needed capital improvements.

(c)

The implementation of future land use decisions through the land development regulations and development order issuance shall be moderated by the availability of fiscal resources to permit the provision of capital facilities and related resources to maintain the level of services at adopted levels.

(d)

The capital facilities and infrastructure implications of land use and development plans will be analyzed and set forth with attention to the following:

(i)

Safety improvements and hazard mitigation.

(ii)

Elimination of substandard conditions.

(iii)

Demonstrated linkage between projected growth or redevelopment and facility location.

(iv)

Balance between supporting new development or redevelopment.

(v)

Financial feasibility, including longterm operating costs.

(vi)

Coordination among agencies of capital programs.

(vii)

Contractual and/or mandatory obligations.

(e)

Development shall be required to bear an equitable share of the cost of providing public facilities and infrastructure consistent with the comprehensive plan, and the land development regulations.

(i)

For each service the equitable share shall be based upon:

1.

The opportunity cost for the availability of such facilities and services at the maximum deliverable designed and reserved rate or level attributable to the development including common capital improvements, operations, maintenance, without regard to level of actual consumption; and

2.

The consumption cost for those facilities and services consumed directly by the development.

(ii)

The intent of the equitable share burden is to provide the means for public facilities to be constructed and the cost borne by all who benefit from their use or availability for use, in such a fashion that none are granted an unfair advantage in spite of the passage of time, change in technology and the condition of the system. To that end, the bearing of such equitable share may be by:

1.

Cash deposit at 105 percent of the estimated cost for such improvements;

2.

Construction bond at 125 percent of estimated cost for such improvements;

3.

Construction of the required improvements related to the development and cash or bond contribution at the previously stated rate for such other equitable share not accounted for by the construction;

4.

Construction of all of the required improvements serving the entire community of existing and potential consumers, with a capital recapture agreement which, in the general public interest, provides for the payment by each other current and subsequent development users of the facility and/or services, an obligation to compensate the original capital contributor an amount equal to the equitable share of the then current estimated cost to provide like services and/or facilities, discounted for age, wear, and functional obsolescence and credited for prorate equitable contributions for further improvement and capital repair and/or replacement.