4.00.01.

Generally. The following method of ensuring concurrency shall be known as the Concurrency Management Regulation (CMR). The CMR is based upon the Midway comprehensive plan, particularly the Capital Improvements Element and adopted level of service standards. This regulation is 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. The CMR also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards.

4.00.02.

Adopted levels of service shall not be degraded.

A.

General rule.

1.

All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the City.

2.

An application for a development permit shall demonstrate that the proposed development does not degrade adopted levels of service if there exists no development order under which the permit is sought, and no development order is required prior to the issuance of a permit, e.g., a residence on a parcel of unplatted land.

3.

The latest point at which concurrency is determined is the final development order. If no development order is required, the latest point to determine concurrency is the first development permit on a site.

B.

Exception. Notwithstanding the foregoing, the prescribed level of service standards may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed adopted level of service standards shall be met.

4.00.03.

Determination of capacity. For purposes of these regulations, the available capacity of a facility shall be determined by:

A.

Adding together:

1.

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

2.

The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

a.

Construction of the new facilities is underway at the time of issuance of the final development order.

b.

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of issuance of the final development order.

c.

The new facilities are guaranteed in an enforceable development agreement. An enforceable agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 [F.S. § 163.3220 et seq.], or an agreement or development order pursuant to F.S. ch. 380. Such facilities shall be consistent with the capital improvements element of the Midway comprehensive plan. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of development occur.

B.

Subtracting from that number the sum of:

1.

The demand for the service or facility created by existing development as documented in the Midway comprehensive plan; and

2.

The demand for the service or facility created by the anticipated completion of other approved developments, redevelopment, or other development activity.

C.

Action upon failure to show available capacity.

1.

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

2.

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

4.00.04.

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

4.00.05.

Initial determination of concurrency. The initial determination of concurrency occurs during the review of the preliminary development plan and shall include compliance with the level of service standards adopted by the City.

4.00.06.

Annual report.

A.

For the purposes of tracking available facility capacity on an annual basis, and for projecting the need for increased facility capacity, the City shall prepare an annual report, to be completed by December 31 of each year, on the CMR that includes:

1.

A summary of actual development activity, including a summary of 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 code; and

e.

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

3.

A summary of preliminary development orders issued, indicating:

a.

Those that expired without subsequent final development orders;

b.

Those that are valid at the time of the report; and

c.

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

4.

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 not have associated building permits or construction activity; and

d.

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

5.

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 preliminary and final development orders;

c.

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

d.

A comparison of actual residual capacity and levels of service to adopted levels of service from the Midway comprehensive plan;

e.

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

B.

Use of the annual report. The CMR annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purposes of issuing development orders during the 12 months following completion of the annual report. Additionally, the annual report serves to track the rate of consumption available capacity, and serves as a guide for capital facilities planning during the five-year planning period.

4.01.01.

Potable water. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the Potable Water Sub-element of the Midway comprehensive plan.

Additionally, the following comprehensive plan Policies contain provisions which affect the location and extension of potable water facilities, and set priorities for the connection of new development to potable water facilities:

Comprehensive plan Policy D.2.3.3. Upon adoption of the comprehensive plan, the City of Midway shall prohibit the extension of potable water to developments that cause the adopted potable water facility level of service to decline. This policy shall be implemented through the concurrency management system and the concurrency management ordinance.

Comprehensive Plan Policy D.2.4.1. Talquin Electric Cooperative and the City shall continue to give first priority for water system connections to households and businesses located along existing water lines. The City shall continue to pay the hookup fee for low-income households which cannot afford this fee, as long as funding is available.

Comprehensive Plan Policy D.2.4.2. Water mains shall only be extended to areas of adequate density and intensity, in a manner which is not cost-prohibitive to the service provider and/or service recipients.

Comprehensive Plan Policy D.2.4.3. The Midway City planner and the Midway City manager shall work closely with Talquin Electric Cooperative, through meetings and correspondence, to ensure that water mains are not extended to any area outside of City boundaries, unless that area is scheduled for annexation into the City of Midway.

4.01.02.

Drainage system. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage sub-element of the Midway comprehensive plan.

The following structural and non-structural level of service standards are adopted. Design storms are based on the rainfall intensity-duration-frequency curves for Zone 2, FDOT Drainage Manual, 1987. All stormwater treatment and disposal facilities are required to meet the design and performance standards established in F.A.C. 17-25.025, with treatment of the first inch of run-off on-site to meet the design and performance standards established in F.A.C. 17-3.051. Stormwater discharge facilities must be designed so as to not degrade the receiving water body below the minimum conditions necessary to assure the suitability of water for the designated use of its classifications as established in F.A.C. ch. 17-3. All standards in these citations are to apply to all new development and redevelopment.

Additionally, the following comprehensive plan Objectives and Policies contain development standards for the maintenance of surface and groundwater quality:

Objective E.1.2.: The City shall ensure that the current surface water qualify classification designated in F.A.C. 17-3.081, is maintained for all surface waters. In reviewing and permitting development and redevelopment, there shall be no exceptions to the application of F.A.C. 17-3.081.

Objective E.1.2.1.: The City shall recommend for approval only those land developments which will not degrade surface water below its current classification.

Objective E.1.2.2.: The City shall prohibit any development within 50 feet of any naturally occurring water body.

Objective E.1.2.5.: The City shall recommend for approval only those land developments which will not discharge contaminants into water bodies designated as outstanding Florida waters or aquatic preserves.

Objective E.1.3.: The City shall protect ground water quality and at a minimum shall ensure that current ground water quality classification designated in F.A.C. 17-3.403 is maintained. In reviewing and permitting development and redevelopment, there shall be no exceptions to the application of F.A.C. 17-3.403.

4.01.03.

Solid waste. Development activity shall not be approved unless there is sufficient available capacity to sustain the following level of service for the solid waste disposal system as established in the solid waste sub-element of the Midway comprehensive plan. The adopted level of service standard for solid waste is 4 pounds per capita per day.

Additionally, the following comprehensive plan Policies contain development review activities for the proper collection, storage and disposal of hazardous waste:

Policy E.1.9.1.: The City shall notify DEP of any development proposals which may generate, store, or treat hazardous waste, to ensure that such developments are appropriately reviewed, permitted and monitored.

Policy E.1.9.2.: The City shall coordinate the storage, treatment, transport and disposal of hazardous waste materials with the DEP Bureau of Hazardous Waste Management, and, if appropriate, the EPA.

4.01.04

Recreation. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for recreation as established in the recreation element of the Midway comprehensive plan. The following level of service standards for recreation and open space facilities shall be effective upon adoption of the comprehensive plan.

Additionally, the following comprehensive plan policy contains development standards for the provision of adequate open space:

Policy E.1.7.3.: Any proposed subdivision, commercial or industrial development shall, at a minimum, preserve 10 percent of the native vegetation, and preserve an additional 10 percent in green space, including grass, trees, shrubs and ground cover.

4.01.05.

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 Midway comprehensive plan:

B.

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

1.

The area of impact of the development (a 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 City has designated sectors of jurisdiction for determining development impacts and planning capital improvements, such sectors of 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 assumption of use in the assignment of traffic to each facility.

C.

Right-of-way dedications. Traffic circulation policy: Dedication of right-of-way and easements for required improvements to support traffic resulting from development and to maintain the adopted levels of service on the roadway network shall be required from private sector developers.