All terms used herein are defined alphabetically.

Capacity. Refers to the availability of a public service or facility to accommodate users expressed in an appropriate unit of measure, such as gallons per day or average daily trips.

Capacity, available. Capacity that can be reserved or committed to future users for a specific public facility.

Certificate of occupancy. A document issued by the Town allowing the occupancy or use of a building and certifying that the structure or use has been constructed or may be used in compliance with all the applicable municipal codes and ordinances.

Concurrency. A process in which a local government guarantees that public services, such as roads, utilities, parks, libraries, etc., will be available to satisfy the demands of new development; if not, the developer may be obligated to pay for the expansion of services.

Concurrency facilities. Public facilities and services for which a level of service must be met concurrent with the impacts of development or an acceptable deadline as mandated in the Comprehensive Plan pursuant to F.S. ch. 163, and 9J-5.0055, FAC, shall include:

(1)

Potable water;

(2)

Recreation;

(3)

Sanitary sewer;

(4)

Public school facilities;

(5)

Solid waste;

(6)

Drainage; and

(7)

Transportation.

Concurrency management system. The procedure and process that the Town uses to ensure that no development order or building permit is issued by the Town unless the necessary concurrency facilities are available or are assured to be available consistent with the Town Comprehensive Plan. The procedure and process is also intended to ensure that sufficient capacity for concurrency facilities is available to meet and maintain adopted levels of service. As part of the CMS, the Town shall operate and maintain a concurrency management monitoring system.

Concurrency status report. A status report prepared by the Town identifying available concurrency facility capacity. The status report shall be produced, modified and adjusted from time-to-time as a result of the reservation of capacity or other act that alters the availability of concurrency facility capacity.

Design capacity. The potential or suitability for holding, storing or accommodating the demands upon a concurrency facility.

Developer. A person or his agent who undertakes the activities covered by this chapter, particularly the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision's plat is merely a necessary means to the end of assuring a satisfactory development, the term "developer" is intended to include the term "subdivider," even though the persons involved in successive stages of the project may vary.

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

Development order, final. This shall mean the last discretionary act of the Town before development can commence. The last discretionary act shall occur through an act of official authorization and with recorded documentation from the Town thereby approving the final development plans for a proposed development project. The issuance of a final development order after the effective date of the ordinance adopting the Comprehensive Plan shall occur only if the site plan, design and construction plans and other prerequisite plans and conditions comply with the goals, objectives, and policies established in the Comprehensive Plan, the Land Development Code and the Building Code. Approval of a final subdivision plat by the Town Council shall not permit construction activity until a duly authorized building permit has been granted based on submittal of required building plans deemed by the Town Building Official consistent with the Town's Land Development Code and adopted Building Code.

A building permit shall be deemed a final development order. A certificate of occupancy may be deemed a final development order where an application for a proposed change of use for an existing structure is submitted which does not require any approval of buildings or other structures. All other development orders shall be deemed an initial development order since they do not (1) authorize construction for which a building permit is required or (2) authorize a change of use for which an initial or new certificate of occupancy (C.O.) is required. Final development orders shall include the Town's final approval of the following development procedures:

(1)

Final subdivision plat approved subsequent to the adoption of the Comprehensive Plan;

(2)

Building permit; and

(3)

Developments of regional impact (DRI) approval, where applicable.

Development order, preliminary. Any official action of the Town or other public entity with duly authorized jurisdiction that has the effect of approving required plans with or without conditions prior to the issuance of a final development order (i.e., building permit) for construction on land located within the corporate limits of the Town. A "preliminary development order" may document duly authorized approval of such requirements as amended Comprehensive Plan future land use map designations, rezonings, site plans, preliminary subdivision plans, final plats, concurrency determinations or other preliminary development approvals required by the Town's Land Development Code prior to the issuance of a building permit.

Level of service. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the area. Level of service shall indicate the capacity per unit of demand for each public facility.

Level of service standard. The adopted volume of demand required for each concurrency facility to achieve acceptable operational efficiency.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets, and which provides access to abutting properties and protection from through traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

Preliminary plat. A tentative subdivision plan, in lesser detail than a final plat, showing approximately proposed street and lot layout as a basis for consideration prior to design plans, construction, improvements or preparation of a final plat.

Public facilities. Major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.

Public improvements. Any of the following; street pavement, with or without curbs and gutters; sidewalks; alley pavement; walkway pavement; water system mains; sanitary sewer system; storm drain system; street name signs; street trees; permanent reference monuments (P.R.M.); permanent control points (P.C.P.); street landscaping; or bicycle paths.

Public utilities. Any person, firm, corporation, municipal department or board commission duly authorized to furnish, and furnish to the public, under governmental regulations, electricity, gas, steam, telephone, telegraph, transportation, water, communication or sewage disposal.

Subdivider. See "Developer."

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, including establishment of new streets and alleys, additions and re-subdivisions. When appropriate to the context "subdivision" related to the process of subdividing or to the land or area subdivided and filed for record with the Clerk of the Circuit Court of the County.

Vested rights. A development order shall be deemed "vested" and not subject to requirements of concurrency management if development circumstances meet criteria for common law or statutory vesting as defined below. All "non-vested" development or development orders are subject to all requirements of this CMS.

(Ord. No. 571, § 1, 5-13-2024)

Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development in order to achieve economies of scale, promote compact growth, and prevent urban sprawl. The CMS is intended to provide a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services as required by the Local Government Comprehensive Planning and Land Development Regulations Act, F.S. ch. 163, Part II.

Facilities in the Town that are subject to these regulations include:

(1)

Potable water;

(2)

Recreation;

(3)

Sanitary sewer;

(4)

Public school facilities;

(5)

Solid waste;

(6)

Drainage; and

(7)

Transportation.

The purpose of this CMS is to ensure that development orders and permits are conditioned on the availability of concurrency facilities and services that meet adopted level of service requirements identified in this CMS. The CMS is also intended to describe the requirements and procedures for determining consistency of proposed development with the Town Comprehensive Plan.

(Ord. No. 571, § 1, 5-13-2024)

All development applications shall demonstrate compliance with Town Comprehensive Plan as well as with all applicable provisions of the Town Land Development Code (LDC). Further, development applications shall demonstrate that specified concurrency facilities shall be available at prescribed levels of service concurrent with the impact of the development of those facilities.

(Ord. No. 571, § 1, 5-13-2024)

(A)

General CMS procedures, purpose and intent. The concurrency management system (CMS) shall apply to all development activity in the Town except development exempted pursuant to F.S. § 163.3180 and a one or two family house (on a lot in ownership separate from adjacent lots). Concurrency for public facilities and services must demonstrate that the levels of service adopted (traffic circulation, recreation, drainage, potable water, solid waste and sanitary sewer public facilities and services, and public school facilities) are reasonably met and maintained for the proposed period of the capital improvement schedule consistent with F.S. Ch. 163 and the concurrency management provisions of this chapter. All applicants for a concurrency determination shall be responsible for providing documentation signed by a duly authorized official of each concurrency facility service provider that identifies the provider's (1) estimated measure of demand generated by the proposed development (2) estimated measure of available capacity to meet the demand and (3) commitment to provide the needed services with or without stated conditions. Applicants for conditional concurrency determinations (see section 169.04 (C)(2)) shall provide best available estimates from the service provider. Applicants for a final concurrency determination (see section 169.04 (C)(3, 4)) shall provide authorized final commitments to provide the service together with any conditions that may apply to the commitment.

(B)

Level of service standards. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the Town Comprehensive Plan:

(1)

Streets. "C" for all roads except "D" during peak tourist season.

(2)

Sanitary sewers. Two hundred, fifty-five gallons per day per dwelling unit (113 gallons per capita per day). 2,500 gallons day per commercial acre (i.e. equivalent to 22 gallons per capita per acre per day).

(3)

Solid waste. Twenty-one pounds per capita per week (or three pounds per capita per day).

(4)

Drainage. 25-year, 24-hour design storm; post-development conditions shall not increase the amount or rate of run-off beyond predevelopment conditions.

(5)

Potable water. Residential—450 gallons per dwelling unit per day (200 gallons per capita per day). Commercial—2,500 gallons per day per gross acre (i.e. equivalent to 22 gallons per capita per acre per day).

(6)

Recreation. Provide two and a half acres of neighborhood park per 1,000 population, plus the following facility standards:

Table 169.03 (B)(6) Recreation Facility Standards.

(7)

Public school facilities county wide standards. The below stated Level of Service (LOS) standards are consistent with Public School Facilities Element Policy 1.1 and section 13 of the adopted "Interlocal Agreement for Coordinated Planning and School Concurrency."

(a)

Weighted average. 139.07 building square foot per student station.

(b)

Elementary school. 144.71 building square foot per student station.

(c)

Middle school. 117.26 building square foot per student station.

(d)

High school. 147.57 building square foot per student station.

(e)

School concurrency service area. One hundred percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle and high school).

(Ord. No. 571, § 1, 5-13-2024)

(A)

Applicability of concurrency determinations. All preliminary and final development orders required to (1) construct a new building or residential unit (2) expand an existing use or (3) increase the intensity of a use, shall comply with concurrency management requirements of section 168.01, unless specifically exempted by Florida Statutes. No development order shall be approved unless an approved concurrency determination has been rendered or a determination is made that the development proposed is exempt from concurrency review. All redevelopment or additional development of previously improved lands shall be subject to a concurrency determination for the additional capacity needed to serve the net additional dwelling units as well as the net additional square footage of the nonresidential area.

(B)

Exempt property. Determinations of exemption from concurrency review shall be made by the Town Manager or his designee. Exemptions may be based on vested rights determinations, application of de minimis criteria or determinations that there will be no increase in density or intensity. For school concurrency, also reference section 169.07(E)(2). Applications for single-family dwellings will be processed through the Town's concurrency management system and exempted dwellings shall receive an approved concurrency determination. Exemption from concurrency review shall not affect any obligation to pay applicable impact fees and utility capacity charges. Appeals of determinations shall follow the procedures of section 165.043(D). Exempt property includes:

(1)

Development found by the Town Attorney to have vested rights with regard to any effected roadway segments or infrastructure capacity reservations; both state statute and common law shall be considered;

(2)

Permits for single-family homes deemed as "de minimis" under F.S. § 163.3180(5). Development of one single family dwelling on a legal lot of record as of July 1, 2008 which is on a lot in single and separate ownership from adjacent lots. This exemption shall apply to the permitting of a single-family dwelling on a lawfully created lot or parcel of record that meets minimum size requirements and is not subject to a plat notice which states that there is no guarantee of concurrency for development of the lot. This de minimis exemption will not apply if:

(a)

The lawfully created lot or parcel does not meet minimum size requirements and has not received a duly approved variance authorizing the single-family dwelling, thereby ensuring that the lot or parcel is of sufficient size to accommodate a single-family dwelling while protecting the health, safety and welfare of the public; or

(b)

The impacts of the proposed new single-family dwelling will exceed the adopted level-of-service standard for any affected designated hurricane evacuation routes assigned to the Town by the County Emergency Preparedness Center, or successor agency;

(3)

Any development or redevelopment which clearly causes no increase in square footage or increase in intensity of use. Where the proposed development or redevelopment of existing residential or nonresidential buildings will increase the square footage or the number of dwelling units respectively, only the net increase shall be subject to concurrency review;

(4)

Modification of a vested final subdivision plat that does not create additional lots or units;

(5)

Replacement of existing residential units unless there is an increase in number of units; and

(6)

Any development orders, including land use amendments and rezoning applications, which do not increase density or intensity of use.

(C)

Review procedures and fees. Each development application requiring a conditional or final concurrency review will be placed in a queue and shall be evaluated in the order in which it was received. The Town Manager or designee shall make a determination that concurrency requirements are satisfied for the type of development order under review. If the Town Manager elects to have a Town consultant review for concurrency, the applicant shall bear the costs for the fees charged by the consultant and such fees shall be commensurate with the contracted fee schedule approved by the Town in the consultant's contract.

(1)

Demand and supply analysis. The applicant's calculated demand for each application will be compared to available capacity for each facility respectively per section 169.05 and section 169.06. Concurrency determinations relating to public school facilities shall be analyzed by the school district in accordance with section 14 of the adopted "Interlocal Agreement for Coordinated Planning and School Concurrency," as may be amended from time to time. The County School District must review residential development applications that are not exempt to ensure that sufficient capacity is available to accommodate the demand represented by the application. The applicant, through an enforceable development agreement or proportionate fair-share mitigation agreements with the Town, the County and/or the School District, may mitigate deficiencies in order to satisfy the concurrency review. Regulations for proportionate fair-share mitigation for transportation facilities are provided in section 168.02.1. Regulations for proportionate fair-share mitigation for public school facilities are provided in section 168.02.2.

(2)

Conditional concurrency determination. A conditional concurrency determination shall be required concurrent with review of an application for approval of a preliminary development order for an amended comprehensive plan future land use map designation, a rezoning, a site plan, preliminary subdivision plan, final plat or a lot split, whichever occurs first. Approval of a conditional concurrency application shall not guarantee the applicant availability of capacity but rather is a preliminary analysis indicating that, at the current time, capacity is available with or without conditions. Any concurrency determination delivered prior to Town approval of all building requirements shall be considered a conditional concurrency determination. Upon the Town's approval of an application for a conditional concurrency determination, the Town shall ensure that the records used to monitor the concurrency management system are appropriately updated including available capacity, encumbered capacity and committed but unencumbered capacity, as may be required. The monitoring system shall be coordinated with each concurrency facility provider. For instance, approval of conditional concurrency reviews shall cause a reduction in "available" capacity and cause an increase in "committed but unencumbered capacity."

(3)

Final concurrency determination. Final concurrency determinations must be obtained prior to issuance of a building permit to construct (1) a net addition to the dwelling unit (2) a net addition to the available floor area for a nonresidential use or (3) an increased density or intensity for a specific use. An application for a final concurrency determination can only be approved after the applicant has completed all requirements for a building permit including final engineering, architectural and landscape architectural plans, and payment of requisite fees, including impact fees as applicable. Final concurrency determinations shall be rendered concurrently with building permit approvals. Approval of final concurrency reviews shall cause a reduction in either "available" capacity or "committed but unencumbered" capacity and shall cause an increase in "encumbered capacity."

(a)

Final concurrency must occur prior to the release of a building permit. In order to obtain a building permit for a new building, expansion of a use or increase in the intensity of use, the applicant must have a valid final concurrency approval. A final concurrency approval is valid for 12 months from approval. Upon issuance of the building permit, the final concurrency approval shall be valid as long as the building permit is active.

(b)

Final concurrency determinations for single-family dwellings. Applications for single-family dwellings shall be evaluated to determine if the application (1) is exempt from concurrency requirements pursuant to criteria listed in section 169.04(B) and (2) if not exempt, does the application comply with adopted levels of service standards for each concurrency facility identified in section 169.05. No building permit shall be issued for a single-family dwelling that has not first received a valid final concurrency approval for the concurrency facilities identified in section 169.03(B). Only a final concurrency review is required for such single-family dwellings.

(c)

Final concurrency determinations for proposed subdivision plats or replats. When a new non-exempt, final plat application is filed to create single-family lots, the following notice shall appear on the face of the final plat: "No building permit will be issued for development of any lot or tract unless and until an approved concurrency determination for development of the lot or tract is obtained. The Town does not guarantee that adequate capacity will exist at the time when an applicant or applicant's successor chooses to apply for and obtain an approved concurrency determination."

In addition to the notice on the face of the final plat, a separate but similar "off-plat" notice (i.e., a stand-alone document that is not written on the plat) shall be prepared by the applicant in a manner approved by the Town Attorney. The applicant shall have the off-plat notice recorded in the county public records at the time that the final plat is recorded. A copy of the off-plat notice shall be attached to and recorded as an exhibit to the first deed that conveys each lot or tract to a party other than the subdivision developer. This deed exhibit requirement shall not apply to any lot or tract conveyed with a single-family residential unit already constructed on the lot at the time of conveyance.

(4)

Approved concurrency determinations. The applicant shall meet all the requirements for approval of all required concurrency facilities in order to be eligible for approval of the concurrency portion of a development application. No concurrency approval will be issued until the potable water service, sanitary sewerage service, transportation, drainage, solid waste disposal and recreation requirements are met together with school concurrency requirements, if applicable. Final concurrency certificates shall be issued at the time of building permit issuance.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Water and wastewater. Measurement of the water capacity will be based on the design capacities of both the lines serving the property and the Vero Beach potable water supply system. Wastewater capacity will be measured in the same manner. Water demand and sewage generation rates will be based upon Table 169.05(A)-1 and Table 169.05(A)-2 below, or an alternative method acceptable to the Vero Beach Director of Water and Sewer Utility.

Table 169.05 (A)-1 Potable Water Design Flows.

* In the case where the type of connection is not listed, then the most suitable one is to be used.
** ;hg;The Town retains the authority to require appropriate information to be submitted in accordance with American Water Works Association (AWWA) standards to settle any dispute.

Table 169.05 (A)-2 Sanitary Sewer Design Flows.

I.

In the case where the type of connection is not listed, then the most suitable one is to be used.

II.

The Town retains the authority to require appropriate information to be submitted in accordance with American Water Works Association (AWWA) standards to settle any dispute.

(B)

Roadways. The standard for measuring highway capacities shall be the Florida DOT table of generalized daily level of service maximum volumes. Capacity may also be measured by engineering studies provided that analysis techniques are technically sound and acceptable to the Town Engineer or, in the case of a county or state maintained road, the methodology for determining demand and capacity shall be consistent with Chapter 910, Indian River Land Development Code (as hereinafter may be amended) and acceptable to the County Public Works Department. In determining capacity, existing volumes plus "committed" trips from approved site plans and recorded plats shall be included. Traffic generation shall be based upon the Institute of Transportation Engineers Manual. Impacts shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot.

(C)

Solid waste. Table 169.05 (C) may be used to calculate solid waste generation rates. Capacity is determined by the capacity of the county landfill.

Table 169.05(C) Solid Waste Generation Rates.

(D)

Drainage. Drainage shall be measured based on assumed runoff rates (i.e., St. Johns River Water Management District or FDOT tables) subject to approval by the Town Engineer. Typically, this shall be achieved by a combination of on-site detention and French drains.

(E)

Recreation. Measurement shall be based on data in the Town Comprehensive Plan and latest Town population estimate with any necessary interpretation provided by the Town Manager.

(F)

Public school facilities. Evaluation of public school facilities levels of service, capacity and demand shall be determined by the county school district. Evaluation of public school facilities supply (capacity) shall be determined by each public school facility (elementary schools, middle schools and high schools), not including charter schools or magnet schools. The supply (capacity) for each school shall be its Florida Inventory of School Housing (FISH) capacity including the FISH capacity of programmed construction in the first three years of the school district five-year facilities work program. Capacity shall include capacity-producing mitigation guaranteed through any proportionate share mitigation agreements approved in accordance with section 14.8 of the adopted "Interlocal Agreement for Coordinated Planning and School Concurrency," the public school facilities element of the Comprehensive Plan, and section 168.02.1.

(Ord. No. 571, § 1, 5-13-2024)

(A)

General formula. For purposes of these regulations, the capacity availability shall be determined by:

(1)

Adding together:

(a)

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

(b)

The total design capacity of any new facilities that will become available concurrent with the impact of the development. The capacity of new facilities may be counted only if one or more of the criteria stated in section 169.07 are achieved for each new facility respectively.

(2)

Subtracting from that number the sum of:

(a)

The design demand for the service created by existing development; and

(b)

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed site plan or plat by the anticipated completion of other presently approved development projects.

(B)

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

(C)

Concurrency monitoring system. The Town Building Official shall be responsible for monitoring development activity to ensure the development is consistent with the Town Comprehensive Plan and Town Land Development Code and shall enforce any conditions or stipulations contained in concurrency determinations. All existing and committed development and its impact on facilities subject to level of service standards shall be recorded. Monitoring shall include:

(1)

A quarterly report of all changes in zoning districts;

(2)

A quarterly summary of all building permits;

(3)

A quarterly summary of all permits issued for demolition of buildings; and

(4)

A quarterly summary of all certificates of occupancy.

The county school district shall monitor the status of concurrency for public school facilities on a continuing basis. In accordance with the adopted "Interlocal Agreement of Coordinated Planning and School Concurrency," the county school district shall maintain a database by school service area for existing and programmed school facilities, capacities committed through proportionate share mitigation agreements, Florida Inventory of School Housing (FISH) capacities, student enrollment, vested students by development project together with the duration of time vested, certificates of occupancy issued for vested residential units by project (subdivision) and available capacity.

(D)

Concurrency rights reservation and effective period.

(1)

Timing of capacity reservations. Although conditional concurrency determinations can occur at any stage in the development review process, the compliance will be finally calculated and capacity reserved at the time a final development order is required, and/or pursuant to the terms of an enforceable developer's agreement or proportionate fair-share agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity.

(2)

Effective period.

(a)

A building permit application must be submitted within 12 months of site plan approval to preserve the capacity reservation. An extension of one year may be issued by the Town Council. Only those dwelling units which have received their building permits will have their capacity reserved.

(b)

Developer agreements as described in Chapter 163.3220, the "Florida Local Government Development Agreement Act" or other enforceable development agreement shall have a valid concurrency period not to exceed five years or as may otherwise be provided in the development agreement.

(Ord. No. 571, § 1, 5-13-2024)

A final development order shall not be granted for a proposed development unless the Town finds that adequate capacity for concurrency facilities exists at or above the adopted level of service in order to accommodate the impacts of the proposed development, or that improvements necessary to bring concurrency facilities up to their adopted level of service will be in place concurrent with the impacts of the development.

(A)

Solid waste and drainage. For solid waste and drainage facilities, the Town shall find that the following criteria have been met for a proposed development to be found in compliance with concurrency management requirements:

(1)

A development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or

(2)

At the time a development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement pursuant to F.S. § 163.3220 or an agreement or development order issued pursuant to F.S. ch. 380 to be in place and available to serve the new development at the time of the issuance of a certificate of occupancy or its functional equivalent (Also reference F.S. § 163.3180(2)).

(B)

Parks and recreation. For parks and recreation facilities, at a minimum, the Town shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements:

(1)

At the time the final development order is issued, the necessary facilities and services shall be in place or under actual construction; or

(2)

A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the acreage for the necessary facilities and services to serve the new development shall be dedicated or acquired by the Town, or funds in the amount of the developer's fair-share shall be committed; or

(3)

A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development shall be scheduled to be in place or under actual construction not more than one year after issuance of a certificate of occupancy as provided in the Town Capital Improvements Program.

(C)

Sanitary sewer and potable water services. Prior to the release of a building permit, an applicant or property owner must provide the Town Manager or designee a notarized letter from the water and sewer service provider stating that the water supplies and potable water and sewer capacities are available and will be reserved for the subject development consistent with the Town's adopted level of service standards. A duly authorized agent of the City of Vero Beach water and sewer utility or successor entity serving the Town shall provide a letter certifying the following:

(1)

At the time an occupancy permit or its functional equivalent is issued, the necessary facilities and capacity will be in place and available to serve the new development; or

(2)

Construction of the new facilities is under way at the time of site plan or plat approval and necessary facilities and capacity will be in place concurrent with the impacts of new development; or

(3)

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 or an agreement or development order pursuant to F.S. ch. 380.

(D)

Transportation facilities. For transportation facilities, at a minimum, transportation supply shall be determined on a segment by segment basis and segment capacity will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the Town Engineer or consultant. Transportation supply for each segment is the segment's existing peak hour, peak season, peak direction capacity or the segment's new roadway capacity if facility expansion for the segment is proposed, and if requisite conditions in section 169.07(D)(1) below are met.

(1)

Requisite conditions to achieve concurrency. The Town shall ensure that the following standards are met to satisfy concurrency requirements, unless state authorized exceptions are enacted by the Town and duly approved by the state.

(a)

At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or

(b)

A final development order or permit is issued subject to the conditions that the necessary facilities' expansion and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years after issuance of a building permit as provided in the Town Five-Year Capital Improvements Program. The Town's Capital Improvement Program may recognize and include transportation projects included in the first three years of the adopted State Department of Transportation five-year work program or the Indian River County Capital Improvement Program. The capital improvements element must include the following policies:

(i)

The estimated date of commencement of actual construction and the estimated date of project completion; and

(ii)

A provision that a plan amendment is required to eliminate, defer or delay construction of any road or public transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year capital improvements program; or

(c)

At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than three years after issuance of a certificate of occupancy; or

(d)

At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement pursuant to F.S. § 163.3220 or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than three years after issuance of a certificate of occupancy; or

(e)

The segment is the subject of a proportionate fair-share agreement. In such case, the segment capacity increase reflected in the proportionate fair-share agreement shall be available only to the parties of said agreement.

(2)

Exceptions. For the purpose of issuing a final development order, a proposed development may be deemed to have a de minimis impact and is exempt from the transportation concurrency requirements based on the following criteria:

(a)

The development is exempt if it is for redevelopment of an existing development and the post-development condition has a density and/or intensity equal to or less than the pre-existing development;

(b)

The development is exempt if the traffic generated by the development would not affect more than one percent of the maximum volume at the adopted level of service of the affected transportation facility as determined by the Town Engineer, provided however, it shall not be exempt if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility;

(c)

Existing single family lots shall be exempt from the concurrency management regulations if the lot is a conforming lot or legal non-conforming lot existing prior to 1991 (adoption date of the Town Comprehensive Plan) regardless of the level of the deficiency of the roadway; or

(d)

Notwithstanding any of the above, no development will be exempt if it would cause the adopted level-of-service standard to be exceeded for any affected designated hurricane evacuation routes.

(E)

Public school facilities.

(1)

Evaluation of public school facilities levels of service, capacity and demand shall be determined by the county school district. School concurrency shall be determined for each public school facility (elementary schools, middle schools and high schools), not including charter schools or magnet schools.

(2)

School facility demand. The system shall be calculated for each public school facility (elementary schools, middle school and high schools), not including charter schools or magnet schools, and shall consist of student enrollment as counted for the fall full-time equivalent students projected to be generated from residential development vested for school concurrency under these school concurrency regulations and students projected to be generated from approved residential development that fall within the exemption categories pursuant to state law, and for which a building permit has been issued. Projected demand shall be calculated as students projected to be generated from proposed development projects residential units based on the student's generation rates contained in the adopted "Intergovernmental Agreement for Coordinated Planning and School Concurrency" and the public school facilities element of the Comprehensive Plan.

(3)

School concurrency exemptions.

(a)

All legal, single-family lots of record on July 1, 2008.

(b)

Valid residential development approved prior to July 1, 2008. Any residential development that recurved a final site plan with approval prior to July 1, 2008 where that approval has not expired and the approval remains valid.

(c)

Amendments not increasing number of Dus, size or type. Any amendments to any previously approved residential development which does not increase the number of dwelling units or change the dwelling unit structure type, such as single-family or multiple-family dwelling unit.

(d)

Certain age restricted communities. Any age restricted community with no permanent residents under the age of 18 years old. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. Said covenant shall be in a form acceptable to the Town Attorney and shall be recorded in the public records prior to site plan approval and where no site plan is required prior to the release of a building permit for constructing improvements to a new subdivision or any dwelling unit.

(e)

School district to issue exemption determination. Upon request by a developer submitting an application for any new residential development, the county school district shall issue a determination as to whether or not the development, lot or unit, is exempt from the requirements of school concurrency. Residential development that fits into one of the four categories referenced above in subsection 168.02.8(e)(2)(a—d) in the section shall be exempt from public school facilities concurrency review.

(4)

Formula for determining available public school facility capacity. The county school district shall determine available public school facility capacity using the following formula:

Available school capacity-(school capacity) - (enrollment + vested)

Where:

School capacity. Florida Inventory of School Housing (FISH) capacity, including the FISH capacity of schools programmed for construction in the first three years of the school district five-year facilities work program;

Enrollment. Student enrollment as counted at the fall full-time equivalent; and

Vested. Students projected to be generated from residential developments approved after the implementation of school concurrency where all school impact fees have been paid, plus students projected to be generated from residential building permits issued since implementation of school concurrency for lots that existed prior to implementation of school concurrency where either (1) no certificate of occupancy has been issued or (2) a certificate of occupancy has been issued since the last fall full-time equivalent.

(a)

At the fall full-time equivalent, the vested number of students will be reduced by the number of students represented by the vested residential units that received certificates of occupancy within the previous 12-month period.

(b)

If a proposed residential development causes the adopted level of service to be exceeded in the school service area in which the proposed residential development is located, the available capacity in the adjacent school service area(s) shall be used.

(c)

Available capacity determination shall be stated in a School Capacity Availability Determination Letter (SCADL), as required in the adopted "Interlocal Agreement for Coordinated Planning and School Concurrency". Each SCADL shall state the total number and type of residential units for which school capacity is available and shall be sent to the coordinating agency (community development) and the applicant.

(5)

Public school facilities concurrency test. The test for public school facilities concurrency shall be a comparison of project demand and available capacity. A project shall be deemed to meet public school facilities concurrency if available capacity exceeds project demand.

(F)

Concurrency determination assignability and transferability.

(1)

Concurrency approval runs with land. Concurrency determination shall run with the land and shall transfer to a successor in interest to the original applicant upon written disclosure of such transfer to the Town Manager.

(2)

Application for assignability and transferability. The following information shall be disclosed in all applications pertaining to concurrency:

(a)

Full legal name of the person or business entity acquiring the interest in the property;

(b)

Nature of the interest;

(c)

Address of the principal place of business of the successor;

(d)

Telephone number;

(e)

Name and address of registered agent if corporation;

(f)

Name, address and title of officers or agents authorized to transact business with the Town;

(g)

Proof of authorization if other than president or vice-president or general partner; and

(h)

Name and address of any new design professional for the project if applicable.

(3)

Burdens on transferee applicant. A transferee applicant must also assume, in writing on a form acceptable to the Town Attorney, all commitments, responsibilities and obligations of the prior applicant, including all special conditions of the concurrency determination certificate.

(4)

Suspension of concurrency approval. Failure to make the required disclosure and assumption shall suspend concurrency approval until such time as proper disclosure and assumption are made.

(5)

Time constraints unaffected. Transfer of a concurrency approval until concurrency determination shall not toll or modify the calculation of time limits set forth in the concurrency determination approval. Following any transfer, such time limits shall be calculated as if the transfer had not occurred.

(6)

Not assignable or transferable to other developments. A concurrency determination certificate shall not be assignable or transferable to other developments.

(G)

Development agreement provision. This section permits a party to a development agreement and a local government to amend or cancel a development agreement without the consent of other affected property owners. Such cancellation or amendments cannot be carried out if said amendment or cancellation will modify the allowable uses or entitlements on such owner's property.

(Ord. No. 571, § 1, 5-13-2024)