This article describes the requirements and procedures to ensure that public facilities and services needed to support proposed developments are available concurrent with the impacts and consistent with the adopted level of service standards.

(Ord. No. 91-1-5, § 2, 5-6-91)

The terms and provisions of this article apply to all lands within the city.

(Ord. No. 91-1-5, § 2, 5-6-91)

The city council finds that:

(1)

The requirements of this article are necessary for the health, safety, and welfare of the citizens of the City of Neptune Beach; and

(2)

Not all development will cause significant impacts upon the level of service of public facilities to warrant full compliance with concurrency requirements.

(Ord. No. 91-1-5, § 2, 5-6-91)

The provisions of this article shall be implemented to ensure that public facilities are available concurrent with the impact of the development.

(Ord. No. 91-1-5, § 2, 5-6-91)

Editor's note— Ord. No. 2017-16, § 1, adopted June 5, 2017, relocated the provisions of § 27-346, Definitions, to § 27-15 herein. Former § 27-346 derived from Ord. No. 91-1-5, § 2, adopted May 6, 1991.

A concurrency certificate shall be required prior to the issuance of any final development order.

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The following are exempt from all concurrency requirements, except that the developer shall submit a concurrency certificate application as provided for in this article:

(1)

Developments that were issued a development permit prior to April 1, 1990;

(2)

An amendment to a development order that does not result in increased impacts as stated in the concurrency certificate;

(3)

Development orders and permits that may be needed for:

a.

Accessory structures as defined in article V of this Code;

b.

Additions or changes to approved existing residential structures which will not result in an increase in dwelling units;

c.

Changes in use of commercial or industrial structures that do not result in uses of greater intensity.

(4)

Developments with a vehicular trip rate of ten (10) or less average daily trips (ADT).

(Ord. No. 91-1-5, § 2, 5-6-91)

(a)

All applications shall be in writing and in such form as may be determined by the city council.

(b)

The application shall, at a minimum, include the following:

(1)

Name and address of the owner and agent, along with signatures of the same;

(2)

Address and legal description of the property;

(3)

The proposed type of development;

(4)

When the proposed development will occur and whether the proposed development will be phased;

(5)

Whether the development is exempt from concurrency requirements as provided for in this article; and

(6)

Payment of the official filing fee as set by resolution of the city council.

(c)

The developer may include as part of the application any studies, calculations, or measurements that can be used to determine the impact of the proposed development on public facilities.

(d)

If the developer decides to provide some or all of the needed facilities to satisfy the concurrency requirements, the application 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 recordable instruments guaranteeing the construction, consistent with calculations of capacity above.

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Prior to submitting a concurrency certificate application, the developer shall meet with the city manager or designee to informally discuss the application.

(b)

The following steps shall be followed to apply for and to issue a concurrency certificate:

(1)

Submittal of application. Prior to submitting an application for a development order, the developer shall submit a completed concurrency certificate application, as described in this article, to the city manager, or designee.

(2)

Determination of completeness. The city manager, or designee, shall determine that the information on the application is complete or incomplete and notify the developer of any deficiencies.

(3)

Determination of concurrency. If the proposed development is not exempt from concurrency requirements, as provided for in this article, the city manager or designee shall prepare an assessment of project-related impacts, as described in this article, and an assessment of public facility capacity, as described in this article. The city manager or designee may require a professional study done by a certified specialist in the impacted field. All studies shall be commissioned by the city and done at the expense of the developer in conformance with this article. Based on these, the city manager or designee shall determine if available capacity for all public facilities exceeds project-related impacts.

(4)

Notification. Within fifteen (15) days from the date the developer submits a completed concurrency certificate application, the city manager shall either:

a.

Issue the concurrency certificate, if the proposed development is exempt from concurrency requirements or if available capacity exceeds projected-related impacts for each public facility; or

b.

Notify the developer in writing that a concurrency certificate cannot be issued for the development as proposed, if the project-related impacts exceed the available capacity for one (1) or more public facility.

(5)

If the proposed development is not exempt from concurrency requirements, as provided for in this article, the city manager or designee shall physically attach the assessment of project-related impacts and assessment of public facility capacity to the concurrency certificate application.

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2007-04, § 1, 6-4-07; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The following level of service standards, as provided for in the comprehensive plan, shall be used to determine whether the proposed development is or will be served by adequate public facilities:

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The following criteria shall be used to determine when concurrency has been satisfied:

Category 1.

(1)

The facilities needed to meet the adopted level of service standards are in place at the time a development order is issued; or

(2)

A development order is issued subject to the conditions that the facilities needed to meet the adopted level of service standards will be in place when the impacts of development occur; or

(3)

The facilities needed to meet the adopted level of service standards are under construction when a development order is issued; or

(4)

The facilities needed to meet the adopted level of service standards are guaranteed in an enforceable development agreement that includes the provisions of (1), (2), and (3) above.

Category 2.

(1)

The facilities needed to meet the adopted level of service standards are subject to a binding executed contract which provides for commencement of construction or provision of the required facilities and services within one (1) year of the issuance of the development order; or

(2)

The facilities needed to meet the adopted level of service standards are guaranteed in an enforceable development agreement that requires commencement of construction of the required facilities or provision of the required facilities and services within one (1) year of the issuance of the development order.

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

For potable water, sanitary sewer, solid waste, and drainage, concurrency shall be met if one of the Category 1 provisions, as listed in section 27-352 of this Code has been satisfied.

(Ord. No. 91-1-5, § 2, 5-6-91)

For recreation and parks, concurrency requirements shall be met if one of the Category 1 or Category 2 provisions, as listed in section 27-352 of this Code has been satisfied.

(Ord. No. 91-1-5, § 2, 5-6-91)

For state roads, concurrency shall be met if:

(1)

One (1) of the Category 1 or Category 2 provisions, as listed in section 27-352 of this Code, has been satisfied; or

(2)

If the road is scheduled for improvement prior to the beginning of the fourth year of the currently adopted five-year schedule of capital improvements in the Neptune Beach comprehensive plan; or

(3)

At the discretion of the city, developments may satisfy concurrency requirements by entering into a development agreement to pay for or construct a proportionate share of one (1) or more mobility improvements that will benefit a regionally significant transportation facility. The terms of this agreement must comply with the proportionate fair-share requirements in F.S. § 163.3180(5).

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

If any concurrency requirements cannot be satisfied as specified in this article, the developer may take the following corrective actions:

(1)

Provide the necessary improvements to maintain the adopted level of service; or

(2)

Reduce the impact of the proposed project so that concurrency requirements are met.

(Ord. No. 91-1-5, § 2, 5-6-91)

If a development fails to meet a condition of approval as specified in sections 27-353 to 27-355, no additional development orders, development permits, or certificates of occupancy may be issued for the development until such time as the conditions of approval have been fully satisfied.

(Ord. No. 91-1-5, § 2, 5-6-91)

(a)

All development shall be consistent with the terms and conditions of the development order or development permit for which a concurrency certificate was issued.

(b)

Any proposed change from the development order or development permit, except for deviations required by governmental action and minor deviations, as described in article III, shall cause the proposed change to be subject to concurrency review and issuance of a concurrency certificate if applicable.

(c)

In those portions of the development which are not affected by the proposed change, development that is unrelated to the change may continue, as approved, during the review of the proposed change.

(Ord. No. 91-1-5, § 2, 5-6-91)

(a)

The assessment of project-related impacts shall be in writing and in such form as determined by the city manager.

(b)

The assessment of project-related impacts may be based on any studies, measurements, or calculations prepared by the developer or upon professionally acceptable methods.

(c)

The selected methodologies must be clearly described and the data sources must be clearly identified.

(Ord. No. 91-1-5, § 2, 5-6-91)

(a)

The assessment of public facility capacity shall be in writing and in such form as determined by the city manager.

(b)

The assessment shall, at a minimum, include the following types of information for each public facility:

(1)

Design capacity;

(2)

Improvement capacity of new facilities that will become available on or before the date of occupancy of the development, if any, provided that:

a.

Construction of the new facilities is under way 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; or

c.

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

(3)

Used capacity;

(4)

Reserve capacity; and

(5)

Available capacity.

(c)

In determining the facilities to be impacted by the proposed development, the city manager shall use the following criteria:

(1)

Roads, determined on a case-by-case basis;

(2)

Sanitary sewer, treatment plant service area;

(3)

Solid waste, city-wide;

(4)

Drainage, drainage sub-basin;

(5)

Potable water, treatment plant service area; and

(6)

Parks and recreation, city-wide.

(Ord. No. 91-1-5, § 2, 5-6-91)

(a)

If a development fails to commence in good faith within one (1) year from the date the development order is issued, the concurrency certificate shall be null and void.

(b)

If a development commences in good faith, but is not completed within one (1) year from the date the development order is issued, the community development board may grant extensions to the concurrency certificate.

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2010-14, § 37, 9-7-10)

By January 1 of each year, the city shall prepare an annual report that includes, at a minimum, a summary:

(1)

For each public facility including:

a.

Current capacity used;

b.

Reserved capacity;

c.

The remaining facility capacity.

(2)

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 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.

(Ord. No. 91-1-5, § 2, 5-6-91)

Any administrative decision that is made by any city official or board in the administration or enforcement of this article, may be appealed within fifteen (15) days of said decision to the community development board as provided for in article III.

(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 2010-14, § 38, 9-7-10)