4.00.01.

Purpose. The purpose of the town's concurrency management system is to ensure that development does not result in the degradation of any service below the level of service standards mandated in the comprehensive plan. It is the view of the town that even temporary violations of level of service standards must not be condoned.

(Ord. No. 94-112, exh. A(4000.01), 1-18-1994)

4.01.01.

Generally. The following are the guidelines to effect the town's concurrency management system. Upon adoption of this plan, these guidelines will become the required procedures for town officials. The guidelines are designed to ensure that the issuance of a final development order will not result in a degradation of the adopted levels of service for specified public facilities and services. This section contains a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards. No town official, board, or committee shall permit any development which will reduce service below the established service standards. If these conditions could be prevented by expanding the capacity of one or more public facilities, the full cost of those capacity expansions must be borne by the developer and the capacity expansions must be completed before there is additional demand on town services due to the development. In such cases, a development order or permit may be issued, if and only if, there is a binding, executed contract between the town and the developer stipulating that the required capacity expansions be completed before the development draws on the affected services. These requirements apply to all levels of service standards in the comprehensive plan, including those relating to roads, potable water, sanitary sewer, solid waste, drainage, parks and recreation.

4.01.02.

Development classes established. To distinguish between developments likely to result in significant impacts on service levels and those likely to have minimal impacts, the following three development classes are defined:

a.

Class 1 development. Any development involving one or more of the following:

1.

The construction or alteration of more than one housing unit;

2.

More than one acre of land;

3.

All new commercial development or expansions of existing commercial enterprises.

b.

Class 2 development. Any development not meeting subsection a. of this subsection's described thresholds for Class 1 development, but involving one or more of the following:

1.

Construction or expansion of a structure intended for human habitation;

2.

Installation or replacement of a septic system or septic drain field; or

3.

Any new connection with town services, including water and roadways.

c.

Class 3 development. Any development not meeting the described thresholds for Classes 1 and 2. This class would include repairs to residential structures or construction of structures not intended for human habitation, such as garage and storage sheds.

4.01.03.

Determination of development class. At the time of submission of a development application, the administrative official shall make a determination of the development class and so indicate and initial directly on the application. The applicant will be informed of the definitions of the development classes, the reasoning for assigning a specific class to the developer's project, and the review and report requirements mandated by the concurrency management system. If the applicant disputes the classification assigned by the administrative official, the applicant may appeal the decision to the board of adjustment. The board of adjustment is required to request a recommendation from the land planning agency.

4.01.04.

Procedures for approving development orders or permits.

a.

Class 1 developments. The following shall be the procedures for approving class developments orders or permits:

1.

Required documentation. In addition to the required permit application, the developer shall provide, in writing, estimates of the maximum, minimum, and average volume of town services the development will require during construction as well as after completion and full occupancy. The developer shall do likewise with regard to impacts on drainage volumes. The developer shall include any unusual requirements, such as the need to move heavy or wide-load equipment over town roadways. The developer shall detail the methodology employed to make all estimates.

2.

Review. The administrative official and the land planning agency shall assess the adequacy of the developer's methodology and reasonableness of the service demand. The developer may be required to provide additional information, including the development of additional estimates using a revised methodology.

3.

Assessment of economic impact. To determine if the development would require an expansion of town facilities to maintain all level of service standards, the administrative official, with the recommendations of the land planning agency, shall make one of the following determinations and so inform the developer and the town council in writing:

(a)

The development will not erode service levels below established level of service standards. The concurrency management requirements for issuing a development order or permit are met.

(b)

The development will erode service levels below established level of service standards. The developer has proposed expansions or modifications of town facilities which are sufficient to prevent such degradations. The town may approve development, subject to the developer and the town council signing a binding, executable contract which:

(1)

Provides for the specified expansions in town facilities at the expense of the developer, and

(2)

Shall be completed prior to the realization of additional service demands from the development.

The town council has the right to determine that a public facility expansion, while technically feasible, may not be appropriate or otherwise desirable for the overall good of the community.

(c)

The development will erode service levels below established level of service standards. The developer has proposed expansions or modifications of town facilities which are not sufficient to prevent such degradations. The developer is required to revise and resubmit the application.

(d)

The development will erode service levels below established level of service standards. The developer has not proposed any expansions or modifications of town facilities which might prevent such degradations. The developer is required to revise and resubmit the application.

4.

Appeals. The developer has the right to appeal the determination to the town council.

b.

Class 2 and Class 3 developments. The following shall be the procedure for approving class 2 and class 3 developments orders or permits:

1.

Required documentation. In addition to the required permit application, the developer shall provide, in writing, estimates of the additional volume of town services the development will require after completion and full occupancy. The developer shall detail the methodology employed to make all estimates.

2.

Review. The administrative official shall assess the adequacy of the developer's methodology and reasonableness of the service demand. The administrative official may request an opinion from the land planning agency. The developer may be required to provide additional information, including the development of additional estimates using a revised methodology.

3.

Assessment of economic impact. To determine if the development would require an expansion of town facilities to maintain all level of service standards, the administrative official shall make one of the following determinations:

(a)

The development will not erode service levels below established level of service standards. The concurrency management requirements for issuing a development order or permit are met.

(b)

The development will erode service levels below established level of service standards. The developer has proposed expansions or modifications of town facilities which are sufficient to prevent such degradations.

(c)

The development will erode service levels below established level of service standards. The developer has proposed expansions or modifications of town facilities which are not sufficient to prevent such degradations.

(d)

The development will erode service levels below established level of service standards. The developer has not proposed any expansions or modifications of town facilities which might prevent such degradations.

4.

Appeals. The developer has the right to appeal this determination to the town council. If the administrative official's determination is subsection 3(b), (c) or (d) of this section, the administrative official must request an opinion from the land planning agency. Subsequently, the administrative official must inform the developer and the town council in writing of the final determination.

4.01.05.

Monitoring procedures and frequencies.

a.

Construction. During the construction of any developments that will erode the level of service, unless agreed upon improvements are made, the administrative official shall submit reports to the town council and the land planning agency indicating the progress of the construction and any instances in which the development required more town services than the maximums indicated in the developer's approved plans for construction phase. These reports must be submitted at least monthly. The administrative official may require the developer to supply information to assist in the preparation of the reports.

b.

Post-construction. For one year after construction of any developments that will erode the level of service, unless agreed upon improvements are made, the administrative official shall report to the town council and the land planning agency any instances in which the development required more town services than the maximums indicated in the developer's approved plans for occupancy. Exceeding the approved maximum service demands may be cause for the town council to direct the administrative official to investigate if the development is being used in accordance with that indicated by the developer in the approved plans. Such an investigation must be undertaken if the additional service demands are deemed to reduce town service levels below established level of service standards.

c.

Annual reports. The town shall prepare an annual report on concurrency management that includes:

1.

A summary of actual development activity, including a summary of the certificates of occupancy, indicating quantity of development represented by type and square footage.

2.

A summary of building permit activity, indicating:

a.

Those that expired without commencing construction;

b.

Those that are active at the time of the report;

c.

The quantity of development represented by the outstanding building permits;

d.

Those that result from final development orders issued prior to the adoption of this LDC; and

e.

Those that result from final development orders issued pursuant to the requirements of this LDC.

3.

A summary of final development orders issued, indicating:

a.

Those that expired without subsequent building permits;

b.

Those that were completed during the reporting period;

c.

Those that are valid at the time of the report, but do have associated building permits or construction activity; and

d.

The phases and quantity of development represented by the outstanding final development orders.

4.

An evaluation of each facility and service indicating:

a.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

b.

The portion of the available capacity held for valid final development orders;

c.

A comparison of the actual capacity to calculated capacity resulting from approved final development orders;

d.

A comparison of actual capacity and levels of service to the adopted levels of service from the town's comprehensive plan; and

e.

A forecast of the capacity for each based upon the most recently updated schedule of capital improvements in the town capital improvements element.

(Ord. No. 94-112, exh. A(4.01), 1-18-1994)

4.02.01.

Potable water. Development activity shall not be approved, unless there is sufficient available capacity to sustain the levels of service for potable water as established in objectives 8.1.1 and 8.1.2 and policies 8.1.1.1 and 8.1.1.2 of the potable water subelement of the town comprehensive plan.

4.02.02.

Transportation system. The following shall be the adopted levels of service for the transportation system:

a.

Level of service. Development activities shall not be approved, unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the transportation circulation element of the town comprehensive plan:

b.

Determination of project impact. The impact of the proposed development activity on available capacity shall be determined as follows:

1.

The area of impact of the development on the traffic shed shall be determined. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. If the town has designated sectors of the jurisdiction for determining development impacts and planning capital improvements, such sectors or planning areas may be used.

2.

The projected level of service for roads within the traffic shed shall be calculated based upon estimated trips to be generated by the project. Where the development will have access to more than one road the calculations shall show the split in generated traffic and state the assumptions used in the assignment of traffic to each facility.

4.02.03.

Drainage system. Development activities shall not be approved, unless there is sufficient available capacity to sustain the level of service for the drainage system established in objective 7.1.3, policies 7.1.3.1 and 7.1.3.2 of the drainage subelement of the town's comprehensive plan.

4.02.04.

Solid waste. Development activities shall not be approved, unless there is sufficient available capacity to sustain the level of service of five and one-half pounds per capita per day established in the solid waste subelement of the town's comprehensive plan.

4.02.05.

Recreation. Development activities shall not be approved, unless there is sufficient available capacity to sustain the level of service for the recreational facilities as established in table 11-1 of the recreation and open space element of the town's comprehensive plan.

4.02.06.

Sewage treatment. Development activities shall not be approved, unless there is sufficient available capacity to sustain the level of service for the sewage treatment facilities as established in policy 5.1.2.2 of the sanitary sewer subelement of the town's comprehensive plan.

(Ord. No. 94-112, exh. A(4.02), 1-18-1994)

4.03.01.

Purpose and intent. The purpose of this section is to establish a method whereby the impact of development on the transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. This method is to be known as the proportionate fair-share program, as required by and in a manner consistent with F.S. § 163.3180(16).

4.03.02.

Applicability. The proportionate fair-share program shall apply to all developments in town that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the town concurrency management system (CMS), including transportation facilities maintained by the state department of transportation (FDOT) or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of section 14.14 of the comprehensive plan. The proportionate fair-share program does not apply to developments of regional impact (DRI) using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in the town comprehensive plan and this section of the land development regulations, and/or F.S. § 163.3180, regarding exceptions and de minimis impacts.

4.03.03.

General requirements.

(1)

An applicant may choose to satisfy the transportation concurrency requirements of the town by making a proportionate fair-share contribution, pursuant to the following requirements:

(a)

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

(b)

The five-year schedule of capital improvements in the town CIE or the long-term schedule of capital improvements for the adopted long-term CMS, which includes transportation improvements that, upon completion, will satisfy the requirements of the town transportation CMS. The provisions of section 14.16.2 (2), comprehensive plan, may apply if a project or projects needed to satisfy concurrency are not presently contained within the town's CIE or an adopted long-term schedule of capital improvements.

(2)

The town may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing to an improvement that, upon completion, will satisfy the requirements of the town transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or the long-term schedule of capital improvements for an adopted long-term CMS, where the following apply:

(a)

The town adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the town council, and determined to be financially feasible pursuant to F.S. §163.3180(16)(b)1, consistent with the comprehensive plan, and in compliance with the provisions of this section. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

(b)

If the funds allocated for the five-year schedule of capital improvements in the town CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the town may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements of the adopted long-term concurrency management system at the next annual capital improvements element update.

(c)

Any improvement project proposed to meet the developer's fair-share obligation must meet the towns esign standards for locally maintained roadways and those of the FDOT for the state highway system.

4.03.04.

Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the town's comprehensive plan and applicable policies in the strategic regional policy plan for the Withlacoochee Region, the town shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

4.03.05.

Application process.

(1)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of section 4.16 of the comrehensive plan.

(2)

Prior to submitting an application for a proportionate fair-share agreement, a preapplication meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the state intermodal system (SIS), then the FDOT will be notified and invited to participate in the preapplication meeting.

(3)

Eligible applicants shall submit an application to the town that includes an application fee as established within the town's fee resolution, as amended, and the following:

(a)

Name, address and phone number of owner, developer and agent;

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

Project description, including type, intensity and amount of development;

(e)

Phasing schedule, if applicable;

(f)

Description of requested proportionate fair-share mitigation method; and

(g)

A copy of concurrency application.

(4)

The town administrative official shall review the application and certify that the application is sufficient and complete within ten business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in the comprehensive plan 14.16, then the applicant will be notified in writing of the reasons for such deficiencies within 30 calendar days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 calendar days of receipt of the written notification, the application will be deemed abandoned. The town council may, in its discretion, grant an extension of time not to exceed 60 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(5)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(6)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the town or the applicant with direction from the town and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 calendar days from the date at which the applicant received the notification of a sufficient application, and no fewer than 14 calendar days prior to the town council meeting when the agreement will be considered.

(7)

The town shall notify the applicant regarding the date of the town council meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the town council.

4.03.06.

Determining proportionate fair-share obligation.

(1)

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(2)

A development shall not be required to pay more than it's proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ, regardless of the method of mitigation.

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

or

Proportionate fair-share = E [(development trips;sub\sub;)/(SV increase;sub\sub;)] × cost;sub\sub;]

Where:

(4)

For the purposes of determining proportionate fair-share obligations, the town shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE, the transportation improvement program (TIP) or the FDOT work program. Where such information is not available, improvement cost shall be determined using one of the following methods:

The most recent issue of FDOT transportation costs, as adjusted based upon the type of cross section, urban or rural; locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT work program shall be determined using this method in coordination with the FDOT district.

(5)

If the town has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section.

(6)

If the town has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the nonsite related right-of-way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the town and at no expense to the town. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the town at no expense to the town. If the estimated value of the right-of-way dedication proposed by the applicant is less than the town estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations.

4.03.07.

Impact fee credit for proportionate fair-share mitigation.

(1)

Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the town's impact fee regulations.

(2)

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the proportionate fair-share agreement as they become due per the town impact fee regulations. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the town pursuant to the requirements of the town impact fee regulations.

(3)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location, unless provided for within the local impact fee regulations.

4.03.08.

Proportionate fair-share agreements.

(1)

Upon execution of a proportionate fair-share agreement the applicant shall receive a town certificate of concurrency approval. Should the applicant fail to apply for a development permit within 12 months or timeframe provided in the town's capital improvements element of the execution of the agreement, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

(2)

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than 12 months from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to this article and adjusted accordingly.

(3)

All developer improvements authorized under this section must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy.

(4)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

(5)

Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

(6)

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the town will be nonrefundable.

4.03.09.

Selected corridor improvements. The town town council may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

4.03.10.

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the town CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the town council, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the FDOT trip or other FDOT agreements or programs.

(2)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of this article.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in section F.S. § 339.155, and then the town may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT trip or other FDOT agreements or programs. Such coordination shall be ratified by the town through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(Ord. No. 2006-155, § 1(4.03), 3-8-2007)