Public facilities and services may be determined to be adequate to serve the needs of a proposed development when traffic circulation, recreation, drainage and flood protection, potable water, solid waste and sanitary sewer public facilities and services will be available to meet established level-of-service standards, consistent with Chapter 163 Florida Statutes and the concurrency management provisions of this article.

(A)

Level of Service Standards. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the North Miami Beach Comprehensive Plan:

(1)

Streets:*

"F"-I-95, Biscayne Boulevard, North Miami Beach Boulevard and N.E. Sixth Avenue

"D" all other Arterials and Collectors

"B" all local streets

(2)

Sanitary sewer: The City collection system shall accommodate an average daily flow of at least eighty-five (85) gallons per person (total City population) per day in the service area. The County treatment and disposal system shall operate with a design capacity of two (2) percent above the daily flow of the preceding year. Otherwise, septic tanks shall be the level of service, subject to County approval of site suitability.

(3)

Drainage: Adequately accommodate stormwater runoff from a twenty-four (24) hour, ten (10) year frequency storm.

(4)

Water: The City's water system shall provide at least one hundred fifty (150) gallons per person per day at a pressure of at least forty (40) pounds per square inch.

(5)

Solid waste: City trucks and the County disposal system shall be able to accommodate 5.5 pounds per capita per day.

*Upon a State Department of Community Affairs finding that the City Comprehensive Plan is in "compliance," these standards are expected to change and will immediately apply for purposes of this article.

(6)

Recreation:

Neighborhood Park ..... 2 acres/1,000 residents

Tennis Courts ..... 1/2,000 residents

Basketball Courts ..... 1/5,000 residents

Tot Lot ..... 1/10,000 residents

Gymnasium/Auditorium ..... 1/12,000 residents

Playing Fields ..... 1/5,000 residents

Swimming Pool ..... 1/25,000 residents

(B)

Development Subject to Adequacy Determination.

(1)

New development: All development permits including site plans, plats, conditional use applications, rezoning and building permits for principal buildings.

(2)

Additional development or redevelopment: All redevelopment or additional development of previously improved lands shall be subject to an adequacy determination for the additional capacity needed to serve the difference between the capacity to be consumed by the proposed additional development and the capacity generated or consumed by the existing development.

(3)

Property which is exempt: Exempt property includes:

(a)

Development which is authorized by an approved Development of Regional Impact (DRI) Development Order.

(b)

Development which is found by the City attorney to have vested rights with regard to any effected roadway segments or infrastructure capacity reservations.

(c)

Development which is one single family or duplex dwelling on a lot in single and separate ownership from adjacent lots.

(d)

Any development which clearly causes no increase in public facility usage due to the similarity in use; however, any increase in the amount of required parking shall require concurrency.

(e)

Development which is a government facility which the City Council finds is essential to the health or safety of the City residents.

(C)

Measurement of Level-of-Service Capacities. The Miami-Dade County Concurrency Information Center and Miami-Dade County Administrative Order #4-85 (July 1989) may be used as sources of facility capacities. More specifically:

(1)

Water and wastewater: Measurement of the water capacity will be based on the design capacities of both the lines serving the property and the potable water supply system. City sewer capacity will be measured by the City treatment system capacity. Water demand and sewage generation rates will be based upon the City impact fee tables (Tables I and II at the end of this article) or an alternative method acceptable to the Director of Utilities.

(2)

Roadways: The standard for measuring highway capacities shall be the Florida DOT Table of Generalized Daily Level-of-Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies, the County Concurrency Information Center, the County's Administrative Order cited above or other data provided that analysis techniques are technically sound and acceptable to the Director of Public Works.

Traffic generation shall be based upon the Institute of Transportation Engineers Manual. The impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot.

(3)

Solid waste: Table III may be used to calculate solid waste generation rates. Projections are subject to approval by the Director of Public Works.

(4)

Drainage: Measurement of drainage shall be based on assumed runoff rates (for example, from the South Florida Water Management District or FDOT tables) subject to approval by the Director of Public Works. Typically, this shall be achieved by a combination of on-site detention and French drains.

(5)

Recreation: Measurement shall be based on data in the City Comprehensive Plan and the latest City population estimate with any necessary interpretation provided by the Director of Community Development.

(D)

Determination of Capacity Availability. For purposes of these regulations, the capacity availability shall be determined by:

(1)

Adding together:

(a)

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

(b)

The total design capacity of any new facilities that will become available concurrent with the impact of the development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

For water, sewer, solid waste and drainage:

1.

The necessary facilities are in place at the time a site plan or plat approval is issued, or

2.

Such approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur, or

3.

Construction of the new facilities is under way at the time of site plan or plat approval, or

4.

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order pursuant to Chapter 380, Florida Statutes.

For recreation:

1.

Paragraphs #1—3 above.

2.

The new facilities are the subject of a binding executed contract for the construction of facilities to be completed within one (1) year of the time the development permit is issued, or

3.

A development agreement whereby construction begins within one (1) year.

For traffic:

1.

The new facilities have been included in a financially feasible five-year capital improvement program and construction is scheduled for the third year or earlier, or

2.

Paragraphs #1—3 directly above.

(2)

Subtracting from that number the sum of:

(a)

The design demand for the service created by existing development; and

(b)

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed site plan or plat by the anticipated completion of other presently approved development projects.

(E)

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

(A)

The Community Development Director shall be responsible for monitoring development activity to ensure the development is consistent with the Comprehensive Plan. All existing and committed development and its impact on facilities subject to level-of-service standards shall be recorded. Monitoring shall include:

(1)

A monthly report of all new or amended development and Zoning Code regulations, including changes in zoning districts.

(2)

A monthly summary of all building permits.

(3)

A monthly summary of all permits issued for demolition of buildings.

(4)

A monthly summary of all certificates of occupancy.

Compliance will be finally calculated and capacity reserved at time of final action of an approved site plan, building permit if no site plan is required or enforceable developers agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity.

A building permit application must be submitted within six (6) months of site plan approval to preserve the Concurrency reservation. An extension of one (1) year may be issued by the City Council.

Developer agreements as described in Chapter 163.3220, the "Florida Local Government Development Agreement Act" shall have a valid concurrency period not to exceed five (5) years or as may be modified.

(Ord. No. 92-18, 10/5/92)

⁽¹⁾  gpd - gallons per day

⁽²⁾  gpcd - gallons per capita per day