The concurrency management system is intended to ensure the availability of public facilities and services and the adequacy of those facilities. The potential impacts of new developments will be measured upon the adopted levels of service for roadways and recreation as provided by the comprehensive plan. Sanitary sewer, solid waste, stormwater, and potable water are the only public facilities and services subject to the concurrency requirement.

(Ord. No. 24-10-05, § 4, 11-12-24)

A certificate of concurrency shall be required prior to the issuance of any development order with the exception of those developments listed as exempt. If a development will require more than one (1) development order, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development order.

6.01.01 Expiration of certificate of concurrency.

A certificate of concurrency shall automatically expire simultaneously with the expiration of the development order to which it applies. In the event that a development order does not have a specified expiration date, the certificate of concurrency shall expire one (1) year from the date of the issuance of the development order. A developer may be granted a one-time extension prior to the expiration of a development order and the accompanying certificate of concurrency shall be automatically renewed for the duration of the extension given to the development order.

6.01.02 Burden of proof.

The burden of proof showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The planning department will assist in the preparation of necessary documentation and information if assistance is requested.

(Ord. No. 24-10-05, § 4, 11-12-24)

Any person seeking an exemption from the terms of this article shall submit evidence to the planning official to demonstrate their entitlement to the exemption. The following development activities shall be deemed to be exempt from the provisions of this document:

(a)

Development with a final development order issued on or before the adoption date of the ordinance from which this article is derived.

(b)

Development with a development order for a development of regional impact (DRI) issued on or before the date of the ordinance from which this article is derived, unless the development order expressly states otherwise.

(c)

Construction of public facilities identified in the City of Niceville Comprehensive Plan that are required in order to achieve level of service standards adopted in the comprehensive plan pertaining to public facilities and services.

(d)

De Minimis developments, i.e., developments consisting of less than three (3) dwelling units or less than one thousand (1,000) square feet of commercial space that are considered projects of such low intensity and density so as to have no significant impact on the level of service standards set forth in the City of Niceville Comprehensive Plan.

(e)

The replacement of a single-family home on an existing lot of record when no additional dwelling units are created.

(Ord. No. 24-10-05, § 4, 11-12-24)

Proposed developments having more than three (3) dwelling units, or more than one thousand (1,000) square feet of commercial space, will be required to submit a concurrency analysis. At the time of application submission the applicant shall submit two (2) copies of the completed analysis. The concurrency analysis shall contain the following items:

(a)

Letter of transmittal addressed to the City of Niceville.

(b)

Title page, table of contents, list of exhibits, and list of tables.

(c)

An introduction that should include a description of the location, proposed development plan, current land uses, phasing schedule, and buildout year.

(d)

An analysis addressing intersection level of service and public health and safety issues.

(e)

The adopted levels of service for each public facility as well as the projected demand for drainage (stormwater), potable water, sanitary sewer and solid waste.

(f)

For any level of service deficiency identified in the analysis, a mitigation plan shall be provided identifying strategies to address each deficiency.

6.03.01 Sources of data. The above required data shall be no older than the previous calendar year or the most recently published information provided by the City of Niceville Public Works Department.

6.03.02. Adopted levels of service.

The adopted levels of service standards (LOSS) for public facilities and services (contained) in the infrastructure element of the comprehensive plan are hereby adopted by reference.

6.03.03. Concurrency evaluation.

The evaluation for public facilities shall compare the existing level of service standards to the adopted level of service standards established by the City of Niceville Comprehensive Plan. A concurrency review application shall not be deemed complete until all applicable permits, verification letters, and other documents needed to perform the evaluation have been submitted.

(a)

Potable water. The applicant shall submit proof that sufficient capacity exists as demonstrated by one (1) of the following:

(1)

If the service provider is other than an onsite potable water well, documentation will be required from the provider that the project is within its service area and it has the capacity to serve the project as proposed, at or above the adopted level of service. If the ability of a provider to serve the proposed project is contingent upon planned facility expansion, detail regarding such planned improvements shall also be submitted.

(2)

Permits issued by the Northwest Florida Water Management District (NWFWMD) for a potable water well to serve the development.

(3)

For owner occupied mobile homes, a notarized affidavit from the applicant that there is an existing potable water well on the site.

(b)

Sanitary sewer. The applicant shall submit proof that sufficient capacity exists as demonstrated by one (1) of the following:

(1)

If the proposed service provider is other than an onsite septic system, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted.

(2)

All applicable permits for an onsite septic tank, pursuant to Rule 62-6, Florida Administrative Code (F.A.C.), are obtained.

(c)

Stormwater. Prior to the issuance of a development order the applicant must provide the following as applicable:

(1)

All applicable Department of Environmental Protection permits for stormwater management systems are obtained; and/or

(2)

All applicable Department of Transportation (FDOT) permits for drainage connections, pursuant to Rule 14-86, F.A.C. are obtained; and/or

(3)

All applicable NWFWMD permits are obtained.

(d)

Solid waste. Documentation will be required from the proposed service provider that the project is within its service area and that it has the capacity to serve the project as proposed at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted.

(Ord. No. 24-10-05, § 4, 11-12-24)

To test the concurrency of public facilities, the proposed demand shall be added to the current demand and subtracted from the available capacity. If the demand is less than the available capacity on all facilities and road segments impacted by the project, then the project meets the test for concurrency. The City of Niceville may satisfy the concurrency requirement by basing this concurrency management system upon an adequate five-year capital improvements program. To do this the capital improvements program and schedule shall include the following:

(a)

A five-year capital improvements schedule. The funding must be financially feasible and based on currently available revenue sources.

(b)

The five-year schedule must include the necessary improvements needed to maintain the adopted level of service to serve proposed developments.

(c)

The five-year schedule must include a date of commencement of construction as well as an estimated date of project completion. Construction must commence no later than the end of the third year of the five-year program.

(d)

A provision that a plan amendment must be required to eliminate or delay the construction of any facility needed to maintain the adopted level of service standard.

6.04.01. Strategies to rectify lack of concurrency. Should a development not pass the above concurrency evaluation, the following strategies may be used to rectify the lack of concurrency:

(a)

A reduction of scale or impact of the proposed development;

(b)

A comprehensive plan amendment that lowers the adopted level of service standard for the affected facilities;

(c)

A change in funding source.

(d)

A development agreement containing the necessary remedy pursuant to F.S. § 163.3227.

(Ord. No. 24-10-05, § 4, 11-12-24)