The purpose of this chapter is to provide regulations which apply to availability and adequacy of public facilities within the Village, including standards found in the Village's Comprehensive Plan pertaining to adequacy of transportation systems, water and sewer, surface water management and drainage facilities, parks and recreation facilities, and schools. This chapter shall apply to all development orders or permits which contain a specific plan of development, including densities and intensities of development.

Concurrency for public facilities shall be in compliance with F.S. § 163.3180. All development applications shall demonstrate consistency with the Comprehensive Plan as well as with all applicable provisions of these LDRs. Development applications, if applicable, shall demonstrate that specified levels of service for public facilities shall be available concurrent with the impact of the development.

The Village may allow for a fee in lieu of facility or infrastructure construction. The fee in lieu must be for the proportionate share of the facilities necessary to maintain the level of service determined by the Comprehensive Plan. Proportionate share shall be determined as described in F.S. § 163.3180.

The following shall be exempt from concurrency review:

(1)

Projects below the minimum threshold or de minimis projects.

(a)

Residential projects which would result in the creation of a single-family dwelling or one two-family dwelling, as well as projects that entail structural alterations, including room additions to single-family structures, which do not change the land use.

(b)

Any development which does not create additional public facility demands.

(c)

In the case of transportation facilities, the cumulative total of the de minimis impacts, from both improved and vacant properties, shall not exceed three percent of the maximum volume at the adopted level of service standard of the affected transportation facility.

(d)

Actions administered through development orders and other development which do not increase demand on facilities subject to these regulations, such as grading or land excavation or structural alterations which do not include a change of use.

(2)

Vested developments. Projects that have valid final development orders or vested concurrency determination pursuant to a plat or building permit issued prior to November 12, 2020, shall be considered vested.

(3)

Redevelopment projects. Proposed redevelopment shall be credited for the existing demand on available capacity. If a redevelopment project generates in excess of the existing demand which it is replacing, a concurrency review shall be required; however, the concurrency review shall only address the amount by which the proposed demand generated exceeds the demand of existing development. The development plan for redevelopment must be submitted no more than one year after the prior use is discontinued in order to qualify for a concurrency credit. If the proposed redevelopment generates equal or less demand than the existing project, the applicant shall be given a concurrency credit enabling the applicant to reserve the unused capacity.

(4)

Village public facilities. Village public facilities which are to ensure the protection of the health, safety and general welfare of the citizens shall be exempt from concurrency review. This shall include all public facility construction projects included in the Village capital improvements program required to meet any adopted level of service standard.

(a)

Level of Service (LOS): In order to promote the safe and efficient movement of vehicles, bicyclists, pedestrians and public transit, the Village shall maintain the following:

(1)

For all roads on the Florida Department of Transportation (FDOT) Strategic Intermodal System (SIS), requires a LOS "D", and

(2)

For all other State, Village and County maintained roads, requires a LOS "C" for daily and peak hour conditions.

(b)

Within three years of building permit issuance, construction of facilities necessary to meet the required LOS or the proportionate fair share payments for such facilities shall be completed.

(c)

Dedication for facilities: The Village may require developments to dedicate any necessary right-of-way proportionate to the impacts of development along property boundaries of external roadways to accommodate standard lane widths, turn lanes, bike lanes, stormwater, utilities, sidewalks, multi-use paths and landscaping features. Sidewalks and multi-use paths may be provided within an easement along major roadways to preserve and take advantage of proposed buffers, existing vegetation, environmentally sensitive areas and natural features.

(a)

LOS: In order to provide adequate potable water for the needs of all Village residents, the Village shall maintain the following:

(1)

Potable water LOS is 100 gallons per capita per day (GPCD).

(a)

LOS: In order to provide safe and efficient management of Village effluent the Village shall maintain the following:

(1)

Minimum sanitary sewer LOS shall be 85 gallons per capita per day (GPCD).

(2)

The capacity for sanitary sewer will be permitted and constructed in accordance with Florida Department of Environmental Protection criteria.

(b)

Alternative sources for sewer treatment: The Village shall coordinate with the private utility provider to identify alternative sources for sewer treatment if sewer service capacities are not sufficient to meet or exceed the sanitary sewer established LOS.

(a)

LOS: In order to ensure sufficient stormwater runoff to prevent localized flooding, the Village shall maintain the following:

(1)

Peak flood stage for a project shall be less than the first (finished) floor elevation for a 100-year, 3-day flood event, 18 inches above crown of road of adjacent roadway, one foot above the FEMA flood elevation per the most recent FIRM maps for the area, whichever is greater.

(b)

Where appropriate, development shall incorporate techniques and structures that protect natural drainage and remove debris and pollution from waterways.

(a)

LOS: in order to ensure all residents have adequate access to recreational facilities, the Village shall maintain the following:

(1)

A system wide average of five acres of recreation space per 1,000 residents.

(b)

Park, recreation, and open space facilities design shall be in accordance with the Americans with Disabilities Act requirements and equip playground areas with accessible equipment.

(a)

LOS: in order to ensure adequate access to educational facilities, the Village shall pursue coordination with the Martin County School District to seek to achieve the desired level of service for public school facility capacity.

(1)

A public-school impact statement shall be required for the following:

a.

An amendment to the Comprehensive Plan Future Land Use Map;

b.

Master site plan applications which include residential units with residential units; or

c.

Final site plan applications which include residential units.