In addition to the development review procedures contained in article XII, all development projects must also receive a concurrency review to determine public facility capacity adequacy.

Public facilities and services may be determined to be adequate to serve the needs of a proposed development when traffic circulation, recreation, drainage, potable water, solid waste and sanitary sewer public facilities and services will be available concurrent with the impacts of development and still meet established level-of-service standards, consistent with F.S. Ch. 163 and the concurrency management provisions of this article.

Any development permit application involving a specific plan for development (with densities or intensities) shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the comprehensive plan:

(1)

Streets. "C" for all arterial and collector streets during peak hour.

(2)

Sanitary sewers. The sewer collection and treatment system shall accommodate an average daily flow of at least one hundred fifteen (115) gallons per household per day.

(3)

Solid waste. The county collection and disposal system shall be able to accommodate six (6) pounds per capita per day and accommodate project landfill needs for at least three (3) years after project approval.

(4)

Drainage. All new development shall detain onsite, the first one and one-half (1½) inches of runoff (except three-quarters (¾) inch if vegetated swales are used) from a three (3) day storm that statistically occurs once in twenty-five (25) years. Existing nonstructural systems (swales) shall accommodate the first one (1) inch. All ground floor elevations shall be above 100-year storm elevations.

(5)

Potable water. The county authority's water distribution system shall provide one hundred seventy-six and two tenths (176.2) gallons per person per day average and two hundred twenty-nine (229) peak day.

(6)

Recreation. Provide three (3.0) acres of public recreation land per one thousand (1,000) population.

(1)

New development.

(a)

State requirements: Chapter 9J-5 FAC requires that no development permit (as defined in 163.3164 FS) shall be issued if it would cause a reduction in an adopted level of service. The concurrency management system application of this is as follows.

(b)

Final concurrency: Level-of-service standard compliance will be finally calculated and the facility capacity reserved at the time of approval of a site plan, single-family subdivision plat, enforceable developers' agreement, or if none of the above apply, building permit. This is in conformance with 9J-5.0055 FAC which requires "a specific plan for development, including densities and intensities of development." See also (3) below for exemptions to the above.

(c)

Preliminary concurrency: However, either the city or the applicant may request a preliminary concurrency review at an earlier development permit stage, including rezonings, other types of subdivisions or variances. Such a review may also be requested for future land use map amendments or annexations.

(2)

Additional change of use. Any building addition or a basic change of building use which increases public facility usage shall be subject to concurrency review. Only any incremental increase in facility capacity usage over the existing usage will be assessed for concurrency.

(3)

Property which is exempt. Any government facility which the city commission finds is essential to the health or safety of the residents. Vesting shall only occur in conformance with F.S. Ch.163.3167(8) which states that a development is vested only after a final development order has been issued and construction is continuing in good faith.

(1)

Water and wastewater. Measurement of the water capacity will be based on the design capacity of the Monroe County potable water supply system. Wastewater measurement will be based on the capacity of the city treatment plant. Water demand and sewage generation rates will be based upon tables attached to the concurrency application or an alternative method acceptable to the city commission.

(2)

Roadways. The standard for measuring highway capacities shall be the Florida DOT Table of Generalized Daily Level-of-Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies provided that analysis techniques are technically sound and acceptable to the city commission. 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 table attached to the concurrency application, the Institute of Transportation Engineers manual or an acceptable traffic study.

The impact shall be assigned to the one (1) collector and one (1) arterial serving the city.

(3)

Solid waste. The table attached to the concurrency application may be used to calculate solid waste generation rates. Capacity is determined by the capacity of the disposal facility and landfill serving the city.

(4)

Drainage. Measurement of drainage shall be based on assumed runoff rates (for example, from the water management district or FDOT tables) subject to approval by the city. Typically, this shall be achieved by onsite detention.

(5)

Recreation. Measurement shall be based on data in the city comprehensive plan and the latest city population estimate, with any necessary interpretation provided by the planning and zoning committee.

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 (1) or more of the following is shown:

For water, sewer, solid waste and drainage:

1.

The necessary facilities are in place at the time a site plan or plat approval is issued, or

2.

Such approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur, or

3.

Construction of the new facilities is under way at the time of site plan or plat approval, or

4.

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. Ch. 163.3220, or an agreement or development order pursuant to F.S. Ch. 380.

For recreation and traffic:

1.

Paragraphs 1-3 above.

2.

The new facilities are the subject of a binding executed contract for the construction of facilities to be completed within one (1) year of the time the development permit is issued, or

3.

A development agreement whereby construction begins within one (1) year.

(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.

(1)

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.

(2)

Concurrency monitoring system. The building official shall be responsible for monitoring development activity to ensure that when concurrency reviews are made, all existing and committed development and its impact on facilities subject to level-of-service standards have been recorded. Monitoring shall include at least quarterly summaries of building permit, demolition and certificate of occupancy data.

(3)

Concurrency rights reservation and effective period.

(a)

Reservation of capacity: Although preliminary concurrency reviews can occur at any stage in the review process, compliance will be finally calculated and capacity reserved at time of final action of an approved site plan, single-family subdivision, building permit (if no site plan is required or subdivision has not been assessed for concurrency) or enforceable developers agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity.

(b)

Effective period:

1.

Regular development permit: A building permit application must be submitted within twelve (12) months of site plan or subdivision approval to preserve the capacity reservation. An extension of one (1) year may be issued by the city commission.

2.

Developer agreements: Projects approved under 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 (5) years or as may be modified.