The Oak Hill Concurrency Review and Certification Procedure (CRCP) is hereby established for the purpose of ensuring that the issuance of a final development order will not result in the degradation of the level of service for any facility located within the city below the adopted level of service standard.

(Ord. No. 93-01, § 4.1, 11-16-1992)

It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects within the city's comprehensive plan, including meeting the concurrency requirements of the plan.

(Ord. No. 93-01, § 4.1.1, 11-16-1992)

F.S. ch. 163 mandates that no land development regulations shall be enacted by a local government, and no land development orders or permits shall be issued, unless such regulations, orders or permits are consistent with the adopted comprehensive plan. For the purposes of complying with this provision, the city commission has determined that upon its initial adoption, these land development regulations are consistent with the city's adopted comprehensive plan. Before adopting any amendment to these regulations, the city commission shall determine that such amendment is consistent with the comprehensive plan. Hereafter, it shall be presumed that any development that complies with these regulations is also consistent with the city's comprehensive plan.

(Ord. No. 93-01, § 4.2, 11-16-1992)

(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 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 the 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)

Exceptions and exemptions.

(1)

Degradation of level of service during construction. Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met.

(2)

Projects with no significant impact. The following development projects are deemed to have no significant impact on level of service, and are exempted from this article:

a.

An alteration of development otherwise exempt under these regulations which does not create additional impact on public facilities.

b.

The construction of residential accessory buildings and structures which are not intended or likely to be inhabited.

c.

The replacement of an existing dwelling unit when no additional dwelling units are created.

d.

Room additions to residences when no additional dwelling units are created.

e.

Public school facilities.

f.

Health care facilities to be constructed to meet the obligation to furnish health care services to indigents and residents.

g.

Fire or rescue facilities operated by any governmental entity.

(3)

Vested developments. Based upon the following four-part test for vested rights: (i) Upon some act or omission of the city, (ii) a property owner relying in good faith, (iii) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired, and (iv) that the development has commenced and is continuing in good faith, the following developments are hereby determined to be vested for the purposes of this article:

a.

Developments of regional impact as currently authorized under F.S. § 380.06, which were issued as development orders by the city commission on or before the effective date of the ordinance from which these regulations are derived.

b.

Physical on-site construction if authorized by a building permit which had been issued on or before the effective date of the ordinance from which these regulations are derived.

c.

Applications for final development plans tendered on or before the effective date of the ordinance from which these regulations are derived. Any amendments or modifications to said development plans shall hereafter be subject to the provisions of this article.

d.

Preliminary subdivision plats or final subdivision plats approved by the city commission on or before the effective date of the ordinance from which these regulations are derived. Any amendments or modifications to said plats shall hereafter be subject to the provisions of this article.

e.

Single-family and duplex dwelling units and mobile homes on lots within subdivisions exempted by subsection (b)(3)d of this section.

f.

Developments authorized by a building permit issued by the city on or before the effective date of the ordinance from which these regulations are derived which has not expired.

(Ord. No. 93-01, § 4.3.2, 11-16-1992)

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

(1)

Adding together the following:

a.

The total capacity of existing facilities;

b.

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:

1.

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

2.

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.

3.

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. § 163.3202, or an agreement or development order pursuant to F.S. ch. 380. Such facilities shall be consistent with the capital improvements element of the city's comprehensive plan. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

4.

In the case of recreation facilities only, construction of such recreation facilities is guaranteed by a binding contract or an enforceable development agreement to commence not later than one year after issuance of a development permit.

5.

In the case of road facilities, construction of such road facilities is scheduled to commence within the first three years of the five-year schedule of capital improvements in the adopted capital improvement element.

(2)

Subtracting from that number the sum of:

a.

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

b.

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

(Ord. No. 93-01, § 4.3.3, 11-16-1992)

Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

(1)

The project owner or developer may provide the necessary improvements to maintain level of service. In such case 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.

(2)

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

(Ord. No. 93-01, § 4.3.4, 11-16-1992)

The burden of showing compliance with these level 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.

(Ord. No. 93-01, § 4.3.5, 11-16-1992)

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.

(Ord. No. 93-01, § 4.3.6, 11-16-1992)

(a)

Contents. The planning and land development regulations commission, with assistance from the city staff, shall prepare an annual report on the concurrency review certification procedure (CRCP) 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 these regulations; and

e.

Those that result from final development orders issued pursuant to the requirements of these regulations.

(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 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 capacity to calculated capacity resulting from approved preliminary development orders and final development orders;

d.

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

e.

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

(b)

Approval by city commission. The city commission shall, after reviewing the annual report, approve it as received from the planning and land development regulations commission or as amended.

(c)

Use. Once approved by the city commission, the CRCP annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following approval of the annual report.

(Ord. No. 93-01, § 4.3.7, 11-16-1992)

(a)

The proposed development first submitting a completed application for development review (either preliminary or final development review) shall have right to any available capacity before such capacity is allocated to any development subsequently applying for development review. For the purposes of administering this rule, the development code administrator shall maintain a record of the precise time and date at which every application for development review is received by the city. Applications shall be accepted only by the development code administrator or, in his absence, by his designated representative at the city hall during normal business hours.

(b)

Capacity that has been allocated to a proposed development shall be available to that development only as long as the development order authorizing such development shall remain valid. Upon expiration of a development order, all capacity that had been allocated to the development authorized by such development order shall become available for reallocation to the next eligible proposed development.

(Ord. No. 93-01, § 4.4.1, 11-16-1992)

If the city determines that insufficient capacity exists to serve a proposed development, the developer may request to be placed on a capacity reservation list for such services and facilities that are not currently available. Such request shall be made in writing not later than ten days following the city commission meeting at which the determination of insufficient capacity was made. Placement on the capacity reservation list shall establish the priority for allocation of future capacity for such services or facilities to that proposed development. It does not, however, allocate any currently available capacity for other services and facilities currently available. In order to reserve any currently available capacity, the developer shall pay the applicable impact fee.

(Ord. No. 93-01, § 4.4.2, 11-16-1992)

In conducting a concurrency evaluation for any proposed development, the city shall not consider the impacts of such proposed development occurring in another jurisdiction, unless the city will have agreed to do so by way of an interlocal agreement with such jurisdiction.

(Ord. No. 93-01, § 4.4.3, 11-16-1992)

If it is determined that insufficient capacity is currently available to serve a proposed development, the city commission and the developer may agree to certain conditions for approval of the development order provided the conditions will ensure that any level of service will not fall below the applicable level of service standard. Such conditions may prescribe a particular phasing of the development, a particular type of occupancy, hours of operation, or any other circumstance which will defer the impact to a later time when capacity will be available, shift impacts to an off-peak period or to an alternate facility which provides available capacity.

(Ord. No. 93-01, § 4.4.4, 11-16-1992)

A determination of concurrency applies to a particular development proposal. Such determination shall not be valid for any other development proposal on the same parcel or for the same development proposal on another parcel.

(Ord. No. 93-01, § 4.4.5, 11-16-1992)

A determination of concurrency is not affected by a change in ownership of the development or parcel.

(Ord. No. 93-01, § 4.4.6, 11-16-1992)

(a)

No development shall be approved unless there is sufficient available capacity to sustain a minimum design flow of 95 gallons per capita per day for potable water as established in the potable water sub-element of the city's comprehensive plan.

(b)

Pending the availability of a central potable water supply system, the use of individually owned and operated water wells, as authorized by the county health department, may be utilized to satisfy the specified potable water level of service standard.

(Ord. No. 93-01, § 4.4.7, 11-16-1992)

(a)

No development shall be approved unless there is sufficient available capacity to sustain an average flow of 115 gallons per capita per day for wastewater treatment as established in the sanitary sewer sub-element of the city's comprehensive plan.

(b)

Pending the availability of a central wastewater collection, transmission and treatment facility, and as authorized by the city's comprehensive plan, those standards established by the county and the state (F.A.C. ch. 64E-6) for use of septic tanks and drainfields may be substituted for the specified sanitary sewer level of service standard.

(Ord. No. 93-01, § 4.4.8, 11-16-1992)

(a)

Level of service. No development shall 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 city's comprehensive plan:

(b)

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

(1)

Area of impact. The area of impact of the development (a traffic shed) shall be determined. The traffic shed shall be the entire area under the city's jurisdiction.

(2)

Traffic volumes generated by the development. Traffic generated by the proposed development at build out shall be calculated in the following manner:

a.

ITE rates. The traffic generation rates published in the Institute of Transportation Engineers, Trip Generation Report, 4th Edition, 1989, unless the city commission shall accept other rates which it finds to more accurately represent the proposed development.

b.

Local conditions. The city commission may adopt by resolution other trip generation rates derived from local studies.

c.

Comparable developments. Actual traffic counts used to establish trip generation rates for three or more similar existing developments may be used for a proposed development located in the same general area, if approved by the city commission, and the procedure is consistent with customary and accepted traffic engineering principles and practices. In deciding whether to use these counts, the city commission shall consider the time of day, day of week, season of year and any other pertinent factors necessary to determine if the counts fairly indicate the anticipated impact of the proposed development.

The anticipated buildout period of the proposed development shall be specified in the application.

(3)

Trip capture rates. The city acknowledges that some uses more than others tend to intercept or capture traffic that would otherwise occur. To the extent that these uses are capturing traffic, they are not generating new trips. Credit may be taken against the trip generation of a proposed development for these captured trips up to the percentage shown in Table 1, following this subsection. In order to claim a credit for captured trips, the developer must provide the following information:

a.

The total volume of traffic generated by the proposed development as determined in accordance with subsection (b)(2) of this section; and

b.

The number of captured trips subtracted from the traffic generated by the proposed development when completely built out.

Uses other than those listed in Table 1 and any percentage credit proposed to be taken in excess of that shown in Table 1 must be justified based on customary and accepted traffic engineering principals and practices.

TABLE 1

MAXIMUM PERCENT OF TOTAL GENERATED TRIPS
CAPTURED FROM PASSING TRAFFIC

(4)

Assignment of traffic. Total traffic as determined in accordance with this subsection (b) shall be assigned to each road link within the area of impact in conformance with the comprehensive plan and customary and accepted traffic engineering principles and practices.

(c)

Determination of road capacity. The maximum peak hour capacity on any given road at the adopted level of service standard shall be determined using the table identified as "Generalized Peak Hour Level of Service Maximum Volumes For Florida's Urban/Urbanized (5,000+) Areas," in the Florida Department of Transportation's Level of Service Standards and Guidelines Manual (1989).

(d)

Determination of background traffic. Background traffic shall be determined by adding together existing traffic as measured by actual traffic counts adjusted to peak hour volumes and anticipated peak hour volumes generated by developments which have been approved, but which are not yet reflected in the actual counts. The development code administrator shall maintain a record of background traffic within the city, and shall provide such information on request.

(e)

Determination of available capacity. Available capacity shall be determined by subtracting background traffic in the peak hour from total peak hour capacity.

(f)

Transportation impact analysis. A transportation impact analysis (TIA) in accordance with the Volusia MPO's Guidelines, a copy of which is available from the city, will be required for developments that will generate 1,000 or more two-way external trips on a weekday or 100 or more peak hour two-way external trips or for developments generating less than these volumes if the city commission, or their designee, determines that a TIA is necessary.

(Ord. No. 93-01, § 4.4.9, 11-16-1992; Ord. No. 2009-08, § 1, 8-10-2009)

No development shall 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 city's comprehensive plan: Retention of the first one inch of rainfall on site; retention/detention areas to control 25-year, 24-hour significant rainfall event. This level of service shall apply to all new development.

(Ord. No. 93-01, § 4.4.10, 11-16-1992)

No development shall be approved unless there is sufficient available capacity to sustain a minimum facility design capacity of 6.6 pounds per capita per day for the solid waste as established in the solid waste sub-element of the city's comprehensive plan.

(Ord. No. 93-01, § 4.4.11, 11-16-1992)

No development shall be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the recreation and open space element of the city's comprehensive plan:

(Ord. No. 93-01, § 4.4.12, 11-16-1992)