It is the intent of the City Commission that public facilities and services needed to support development shall be available concurrent with the impacts of such development. The purpose of this article is to provide guidelines and procedures necessary to fulfill this intent and to meet the concurrency requirements of State law.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)

Development orders shall not be issued unless public facilities and services, which meet or exceed the adopted level of service standards are available concurrent with the impacts of the development. Unless public facilities and services, which meet or exceed such standards are available at the time the development order is issued, development orders shall be specifically conditioned upon availability of the public facilities and services necessary to serve the proposed development. Public facility and service availability shall be deemed sufficient if the public facilities and services for a development are phased, or the development is phased, so that the public facilities and those related services which are deemed necessary by the City to operate the facilities necessitated by that development are available and meet the adopted level of service standards concurrent with the impacts of the development. Phased facilities and services to be provided by the City shall be included in and consistent with the capital improvements element of the Comprehensive Plan. Public facilities and services to be provided by the developer shall be guaranteed in an enforceable development agreement, including development agreements pursuant to subsection 2-5.6 of this Code. Development orders will not be issued that result in a reduction of the level of services for the affected public facilities below the level of services provided in the Comprehensive Plan.

3-2.1. Minimum requirements for concurrency. For the purpose of determining if concurrency requirements are being met the City shall use the minimum requirements set forth in Section 10, Concurrency Management of the Comprehensive Plan, as a general guideline.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)

3-3.1. Public purpose. Level of service standards shall be established and maintained for ensuring that adequate facility capacity will be provided for future development and for purposes of issuing development orders, pursuant to F.S. § 163.3202(2)(g). The City shall establish and maintain a level of service standard for each public facility located within the area for which the City has authority to issue development orders. Such level of service standards shall be set for each individual facility or facility type and not on a system wide basis.

3-3.2. Public facilities and services. Public facilities and services are those associated with:

1.

Transportation systems or facilities;

2.

Sewer systems or facilities;

3.

Solid waste systems or facilities;

4.

Drainage systems or facilities;

5.

Potable water systems or facilities;

6.

Parks and recreation systems or facilities; and

7.

School system or facilities.

3-3.3. Level of service standards. The following level of service standards shall be used to evaluate available facility capacity and as a basis for issuance of development orders:

1.

Transportation systems or facilities. Levels of service for transportation systems or facilities shall be based upon the functional classifications of roadways, and volume/capacity standards used by the Florida Department of Transportation.

2.

Sewer systems or facilities.

a.

The City shall use sewage flows specified in table II, "Estimated Domestic Sewage Flows," found in section 64E-6.008, F.A.C., for purposes of estimating sewage generated by development activities. These estimates shall be used to make certain that available facility capacity exists to serve the proposed development concurrent with the impacts of such development, and to maintain a cumulative allocation of facility capacity dedicated for approved developments.

The City shall use 80 percent of permitted sewage treatment capacity or 2.4 million gallons per day, based on sustained average monthly flows, as the threshold for denying development permits for compliance with concurrency requirements.

b.

For areas which are not served by central sewer, the level of service shall be presumed adequate when the developer receives an on-site sewage treatment permit pursuant to Chapter 64E-6, F.A.C.

3.

Solid waste systems or facilities. The City shall use 5.06 pounds of solid waste per person per day to evaluate potential impacts of proposed development and as a basis for issuing development permits.

4.

Drainage systems or facilities. The City shall use the following standards for purposes of evaluating impacts from proposed development and for issuing development permits.

The level of service standards for water quantity and water quality for the 25-year, 24-hour storm event are as follows:

a.

Water quantity. Post-development runoff from the site shall not exceed peak predevelopment runoff rates.

b.

Water quality. Stormwater treatment shall be provided for a volume equivalent to two inches of depth over the entire site or the runoff from the first one inch of rainfall on the entire site in accordance with Chapter 62-25, F.A.C., in order to meet receiving water quality standards in Chapter 62-302, section 62-302.500, F.A.C.

These water quality and quantity standards shall apply to all new development and redevelopment, regardless of project size.

5.

Potable water systems or facilities. The City shall use 175 gallons per person per day delivered at a pressure of 40 pounds per square inch to evaluate potential impacts of proposed development and for issuing development permits.

For areas using private wells, the level of service shall be presumed adequate when the provisions of Chapter 40A-3, F.A.C., or 17-532, F.A.C., as applicable, are met.

6.

Parks and recreation systems or facilities. The City shall use the following standards for evaluating potential impacts from proposed development and for issuing development permits.

Two acres per 1,000 population

7.

School systems or facilities. The City shall use the following standards for evaluating potential impacts from proposed development and for issuing development permits.

3-3.4. Levels of service to be maintained.

1.

All applications for development approval shall demonstrate that the proposed development does not degrade adopted level of service standards.

2.

Development orders may be issued for proposed development which exceeds adopted levels of service only when the terms and conditions of such exceedances are consistent with Section 10, Concurrency Management of the Comprehensive Plan.

3.

Notwithstanding the foregoing, levels of service may be temporarily degraded during actual construction of new facilities, if upon completion of construction the prescribed levels of service will be met.

4.

The City Commission may temporarily waive the foregoing requirements as they relate to levels of service for parks and recreation systems or facilities if the sites and facilities needed to maintain levels of service are included in the capital improvements element of the Comprehensive Plan, and conform to the provisions of paragraph 2 of this subsection.

3-3.5. Revisions or adjustments. The levels of service specified in the Comprehensive Plan and in subsection 3-3.3 may be revised or adjusted to accommodate changing conditions and circumstances. Revisions or adjustments to levels of service shall be based upon accurate and reliable data or information, and shall be considered a plan amendment subject to the amendment procedures specified in the Comprehensive Plan.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)

For purposes of issuing development orders the available capacity of public facilities and services shall be determined as prescribed in this section.

3-4.1. Presumption of adequate capacity. Adequate capacity shall be presumed to be available for the approval of development orders until such time as conditions and circumstances indicate otherwise. Determination of such conditions and circumstances shall be triggered by certain thresholds which demonstrate that public facilities and services are nearing available capacity. Development orders shall not be denied on the basis of concurrency until such time as capacity thresholds are reached and maintained. Presumption of adequate capacity as a basis of meeting concurrency requirements shall not relieve the responsibility of the developer from compliance with other provisions of this Code, or the responsibility of the City for maintaining records which indicate the cumulative impacts of development orders.

3-4.2. Capacity thresholds. The City shall establish, and revise as necessary, capacity threshold standards to be used for presumptions of adequate capacity. Thresholds shall be indicated for transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, and parks and recreation systems or facilities. The list of capacity threshold standards shall be as specified in subsection 3-4.3 of this Code.

3-4.3. Capacity threshold standards. Adequate capacity shall be presumed to be available until such time as the following standards are met or exceeded.

1.

Roadways. Capacity thresholds will be based on FDOT's generalized Level of Service tables or other City approved methods.

2.

Sewer. Monthly sewage flows, based on a three-month average, reach 90 percent of permitted capacity as specified in subsection 3-3.3, paragraph 2.

3.

Solid waste. Average daily tons of solid waste collected in the City reaches ten percent of the disposal capacity of Jackson County solid waste disposal facilities.

4.

Drainage. Proposed development is in compliance with subsection 3-3.3, paragraph 4 of this Code.

5.

Potable water. Average daily consumption (million gallons per day) of potable water in the City reaches 90 percent of available capacity, or delivery pressure (pounds per square inch, psi) falls below 30 psi on a Citywide basis.

6.

Recreation. Population demand for recreation sites and facilities, based on annual population estimates, reaches 95 percent of availability for such sites and facilities.

7.

School. Elementary schools are 107 percent of DOE permanent FISH capacity; middle schools are 100 percent of DOE permanent FISH capacity; high schools are 90 percent of DOE total satisfactory student stations; and/or magnet/special education schools are 100 percent of DOE permanent FISH capacity.

8.

Population. All capacity thresholds will be immediately reevaluated in the event population growth exceeds ten percent during any one year. Determination of population growth shall be based upon annual estimates of population published by the Bureau of Economics and Business Research (BEBR), University of Florida.

3-4.4. Termination of presumption of adequate capacity. Presumption of adequate capacity for purposes of issuing development orders shall be terminated when it has been determined by the City that the capacity thresholds have been met or exceeded. At that time, the City Manager shall issue a statement to the City Clerk, the Planning Board, and the City Commission which indicates that all applications for development approval will be denied until such time as adequate capacity becomes available, or conditioned upon meeting the concurrency management requirements set forth in this article and the Comprehensive Plan.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)

Notwithstanding the provisions of section 3-4, the City shall evaluate impacts upon public facilities and services caused by proposed development for each application for development approval. Impacts caused by proposed development for which adequate capacity is presumed subject to subsection 3-4.1 shall be recorded by the City and added to a cumulative total of allotted capacity for purposes of determining when capacity thresholds have been met.

The system for determination of potential impacts on public facilities caused by proposed development for purposes of recording a cumulative total of allocated capacity, and for meeting concurrency requirements when capacity thresholds have been met, shall be as described in subsection 3-5.1.

3-5.1. Determination of available capacity. Available capacity shall be determined for public facilities and services as follows:

1.

Sewer.

a.

The City shall maintain an estimate of average daily sewage flow which shall be updated each month. Sewage flow estimates will be derived from an average of monthly sewage flows for the three-month period immediately preceding the month for which the estimate is being made. Average sewage flows shall be determined from self-monitoring operational reports required by Chapter 62601, F.A.C., as specified in section 62-600.740, F.A.C., or equivalent.

b.

Estimated average daily flows derived from the average monthly sewage flows shall be used as the basis to determine if capacity thresholds or level of service standards will be met or exceeded. Average daily sewage flow will be estimated for all proposed development using the level of service specified in subsection 3-3.3, paragraph 2. Additional sewage flow caused by proposed development shall be added to the estimated monthly sewage flow to determine if adequate capacity is available.

c.

The City shall maintain a cumulative total of permitted sewage flows and shall reduce the City's allocated capacity accordingly on a monthly basis.

2.

Solid waste.

a.

On an annual basis, the City shall identify available solid waste disposal capability which can be provided by Jackson County. This volume shall provide the basis to determine if capacity thresholds or level of service standards will be met or exceeded.

b.

The City shall apply the level of service standard found in subsection 3-3.3, paragraph 3, to estimate volumes of solid waste generated by proposed developments.

3.

Drainage.

a.

The City shall require all developers submitting an application for development approval to provide as part of the overall development site plan a drainage and stormwater management plan and erosion and sediment control plan as specified in subsection 4-5.1, paragraph 4; unless exempted by 62-346.051, F.A.C. At a minimum, such drainage and grading plan shall include:

i.

Finished topographic contours;

ii.

Impervious surfaces;

iii.

Existing drainage structures;

iv.

Proposed drainage structures; and

v.

Proposed stormwater treatment facilities.

b.

Design standards for drainage shall be as specified in subsection 4-5.1, paragraph 4. In addition, no development order shall be issued by the City until the developer has obtained a stormwater permit pursuant to Chapter 62-346, F.A.C., if applicable, and the developer has a stormwater and erosion control plan approved by the City.

c.

Drainage facilities for the proposed development of a single-family detached or duplex dwelling unit on an individual lot or parcel shall be presumed adequate when:

i.

The lot coverage requirements of section 4-1 are met and the site is adequately grassed or landscaped;

ii.

The proposed development is part of a larger, common plan of development which has had a drainage plan approved by the City; and

iii.

Site modifications do not involve the obstruction or alteration of any drainageway.

d.

Drainage facilities for any development shall be presumed adequate if stormwater runoff from such development is discharged into a permitted stormwater management system.

4.

Potable water.

a.

The City shall maintain an estimate of average daily consumption, which shall be updated each month.

b.

Estimated average daily consumption derived from the average monthly estimates shall be used as the basis to determine if capacity thresholds or level of service standards will be met or exceeded. Average daily consumption will be estimated for all proposed development. Additional consumption caused by proposed development shall be added to the estimated monthly sewage flow to determine if adequate capacity is available.

c.

The City shall apply the level of service standard found in subsection 3-3.3, paragraph 5, to estimate potable water consumption for all proposed development.

5.

Recreation.

a.

On an annual basis, the City shall identify public and private recreation sites and facilities available for use by the general public. These sites and facilities shall provide the basis to determine whether capacity thresholds or level of service standards have been met or exceeded.

b.

The City shall apply the level of service standards found in subsection 3-3.3, paragraph 6, to estimate demand for recreation sites and facilities caused by proposed development.

6.

School.

a.

Calculate total school facility capacity by adding the capacity (LOS) provided by an existing school facility to the capacity of any planned school facilities programmed to provide relief to that school facility, listed in the first three years of the District Facilities Work Program.

b.

Calculate available school facility capacity by subtracting from the total school facility capacity the sum of:

i.

Current student enrollment (school facility capacity consumed by preexisting development);

ii.

The portion of reserved capacity having a valid unexpired certificate of school concurrency from the School Board; and

iii.

The portion of previously approved development (vested from concurrency) projected to be developed within three years.

c.

Calculate the proposed development's demand for school facility capacity by:

i.

Applying the student generation multiplier to the proposed development to determine its total demand; and

ii.

Subtracting a credit for the total district-wide enrollment of magnet school facilities as a percentage of the total district enrollment.

d.

Subtract the proposed development's demand for school facility capacity from the available school permanent facility capacity to determine if there is a deficit. If so, repeat the process to determine if school facility permanent capacity is available in any contiguous CSA as indicated on the adopted CSA map.

e.

If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, an adjacent CSA which is contiguous with and touches the boundary of, the concurrency service areas within which the proposed development is located shall be evaluated for available capacity. However, CSAs shall not be considered contiguous when the CSA is separated by a natural or man-made barrier, such as a river or Interstate roadway, requiring indirect transport through a third CSA or when transport time exceeds the adopted transportation time standard.

i.

Consistent with Rule 6A-3.0171, F.A.C., the shift of impact to an adjacent CSA resulting in a total morning or afternoon transportation time of either elementary or secondary students shall not exceed one hour unless a specific finding is made by the School Board that there is no other viable option. The transportation time shall be determined by the School Board transportation routing system and measured from the school to the center of the subject parcel/plat in the amendment application, along the most direct improved public roadway free from major hazards.

f.

Residential uses exempt from the requirements of school concurrency. The following residential uses shall be exempt from the requirements of school concurrency:

All single family lots of record at the time the Public School Facilities Element (PSFE) amendment became effective.

i.

Residential site plans that do not create a measurable impact (one whole student or more) are exempt from the requirements of School Concurrency.

ii.

Any new residential development that has a preliminary plat approval, final subdivision or site plan approval, or the functional equivalent for a site specific development order prior to the adoption date of the Public School Facilities Element amendment;

iii.

Any amendment to a previously approved residential development which does not increase the number of dwelling units or change the type of dwelling units.

iv.

Any age restricted community with no permanent residents under the age of 18 (a restrictive covenant limiting the age of residents to 18 and older for at least 30 years shall be required to be recorded in a form approved by the local government with County Clerk of Court). Removal of the restrictive amendment shall be subject to approval of the City and subject to school concurrency review.

v.

Any single-family residential unit developed under a family homestead allowed by the City's Comprehensive Plan pursuant to F.S. § 163.3179, to the extent it does not create a measurable impact.

vi.

Any adult group housing facility that does not generate students such as homeless shelters, halfway homes, prisons and nursing homes exclusive of employee housing.

g.

In compliance with the availability standards of F.S. § 163.3180(6), the City shall not deny development approval due to failure to achieve the adopted LOS for public school facilities when the following occurs:

i.

Adequate school facilities are planned and will be in place or under construction within three years of the development approval.

ii.

The developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities consistent with the methodology in the Interlocal Agreement for Public School Facility Planning and School Concurrency. Relocatable or portable structures are not acceptable for mitigation.

iii.

The needed capacity is found available in one or more contiguous school concurrency service areas by the School Board.

h.

Available capacity determination. In the event there is available school capacity to support a development, the School Board shall issue a Final School Capacity Availability Determination (FSCAD) so stating. In the event there is not available school capacity to support a development, the School Board will issue a Preliminary School Capacity Evaluation (PSCAD) and may entertain proportionate share mitigation options. If a mitigation option is acceptable, the School Board and participating parties shall enter into an enforceable and binding agreement with the developer to mitigate the impact from the development through the creation of additional school capacity. Upon execution of the agreement, the School Board will issue a FSCAD.

3-5.2. Action upon failure to show available capacity.

1.

The project owner or developer may provide the necessary improvements to maintain level of service standards. In such case the application for development approval shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and a development agreement guaranteeing the construction, consistent with calculations of capacity above.

2.

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

3.

Proportionate share mitigation for schools. When the anticipated student impacts from a proposed development cause the adopted LOS to be exceeded, the developer's proportionate share will be based on the number of additional student stations necessary to achieve the established LOS. The methodology for calculating the amount to be paid will be consistent with F.S. § 163.3180(6).

a.

The methodology used to calculate a developer's proportionate share mitigation shall be as follows:

Number of New Student Stations Required for Mitigation (By School Type) = Number of Dwelling Units Generated By Development Proposal x Student Generation Multiplier (By School Type) - Number of Available Student Stations

Cost of Proportionate Share Mitigation — Number of New Student Stations Required for Mitigation (By School Type) x Cost per Student Station as defined in the interlocal agreement (by School Type).

b.

Following a determination of insufficient capacity, the School Board or School Board's designee will provide the Developer and the City with a written Preliminary School Capacity Evaluation (PSCAD) notice. The notice to applicant shall advise of a 120-day period starting from the issue date of the PSCAD notice to negotiate with the School Board in an effort to mitigate the impact from the development through the creation of additional capacity. Developer may by written notice to the School Board terminate the negotiation period earlier. Provision of portable/relocatables is not an acceptable mitigation option. Upon identification and acceptance of a proposed mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable development agreement with the School Board and the City. Upon execution of the agreement the School Board will issue a Final School Capacity Availability Determination (FSCAD).

i.

A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified (or approved for inclusion) in the School Board's Five-Year District Facilities Work Plan. Capacity enhancing projects identified within the first three years of the Five-Year District Facilities Work Plan shall be considered as total school facility capacity.

ii.

If capacity projects are planned in years four or five of the School Board's Five-Year District Facilities Work Plan within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in the adopted Interlocal Agreement for Public School Facility Planning and School Concurrency and the School District shall move the project(s) into the first three years of the Five-Year District Facilities Work Plan.

iii.

If a capacity project does not exist in the Five-Year District Facilities Work Plan, the developer may petition the School Board to add a capacity project to satisfy the impacts from a proposed residential development if it is funded through the developer's proportionate share mitigation contributions. The School District is not bound to approve this petition if it finds the local School District cannot support the project.

c.

School capacity mitigation options may include, but are not limited to:

i.

Contribution of or payment for acquisition of new or expanded school sites; or

ii.

Construction or expansion of, or payment for, permanent school facilities; or

iii.

Mitigation banking.

Relocatable and modular facilities are not acceptable as proportionate share mitigation.

d.

For mitigation measures (c.i), (c.ii) and (c.iii) above, the estimated cost to construct the mitigating capacity will reflect the estimated future construction costs at the time of the anticipated construction.

e.

A proportionate share mitigation contribution shall not be subsequently amended or refunded after final site plan or plat approval to reflect a reduction in planned or constructed residential density.

f.

Any proportionate share mitigation must be directed by the School Board toward a school capacity improvement identified in the School Board's Five-Year District Facilities Work Plan.

g.

Upon conclusion of the 120-day negotiation period or earlier if a mitigation agreement is executed, a Final School Capacity Availability Determination (FSCAD) shall be issued. If mitigation is agreed to, the School Board shall indicate its support for approving the development subject to the written agreement including those mitigation measures agreed to by the City, Developer and the School Board. Prior to site plan approval, final subdivision approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the City, the School Board and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. If mitigation is not agreed to, the FSCAD shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A FSCAD constitutes final agency action by the School Board for purposes of F.S. ch. 120.

h.

Appeal process. A person substantially affected by a School Board's adequate capacity determination made as a part of the School Concurrency Process may appeal such determination through the process provided in F.S. ch. 120.

3-5.3. Burden of showing compliance on developer. The burden of showing compliance with level of service requirements shall be upon the developer. All applications for development approval shall provide sufficient information showing compliance with these standards.

3-5.4. Initial determination of concurrency. The initial determination of concurrency occurs during the review of the application for development approval, and shall include compliance with the level of service standards adopted by the City.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)

Properties near and adjacent to the submitted application owned by the same property owner or owner(s) shall be reviewed for aggregation.

The legal description for determining whether two or more properties shall be considered separate or aggregated as provided in F.S. § 380.065(14) and as stated in Rule 9J-2.0275, F.A.C., shall apply to all proposed land development projects in the City of Marianna.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)

Upon determination of adequate capacity as described in this article the City shall guarantee to the developer availability of capacity in the types, amounts, or volumes specified in the final development order or development agreement. Such guarantees of available capacity shall be valid for a period of six months from the date the final development order is issued.

Any guarantee of adequate capacity shall become null and void in the event circumstances beyond the control of the City cause adequate capacity to become unavailable. Such circumstances shall include, but not be limited to: acts of other governmental agencies; war; act of God; or, changes in laws, rules or other legislative action.

(Ord. No. 1167, § 1(Exh. A), 11-5-24)