(A)

Public facilities concurrent with development impacts.

(1)

The city shall not grant a development permit for a proposed development unless the city has determined that public facilities are adequate to serve the needs of the proposed development or unless the developer agrees in writing that no certificate of occupancy shall be issued for the proposed development until public facilities are adequate to serve its needs as specified in the following portions of this article. This shall include the extension of a sanitary sewer and water lines to serve the property, if necessary.

(2)

A concurrency determination shall be made at the earliest appropriate stage of the development permit review process.

An application for concurrency review, when required, shall be submitted prior to or simultaneous with an application for a development permit. Upon completion of a concurrency review, a determination of adequacy or inadequacy for those facilities as provided in [section] 24-175(B) shall be issued. A determination of adequacy shall remain valid provided an application for a development permit consistent with the application for a concurrency review is submitted within sixty (60) days of issuance of the determination and shall remain valid as follows:

(a)

For a proposed development requiring development review committee (DRC) review a determination of adequacy for all facilities except drainage and traffic shall be issued. A determination for traffic shall be issued at the time the DRC review is completed. A determination of adequacy shall remain valid provided the required development permit is issued within six (6) months of the DRC review and shall remain valid as long as the development permit is valid.

(b)

For a proposed development requiring site plan approval and not DRC review, a determination of adequacy for all facilities except drainage shall be issued. A determination of adequacy for drainage shall be issued at the time a complete application for a building permit is submitted. A determination of adequacy shall remain valid as long as the site plan is approved within six (6) months of submission of an application for site plan approval and shall remain valid as long as the site plan approval is valid.

(c)

For a proposed development requiring a building permit, a determination of adequacy for all facilities except drainage shall be issued. A determination of adequacy of drainage shall be issued at the time a complete application for a building permit is submitted. A determination of adequacy shall remain valid as long as the building application is under review and if a building permit is issued, shall remain valid as long as the building permit is valid.

(d)

For all other proposed development requiring a development permit, a determination of adequacy shall be valid for as long as the development permit is valid.

(e)

An application for a development permit must be consistent with the information on which the concurrency review was based. If the applicant modifies the intensity or density of the proposed development during the development review process a revised application for concurrency review may be required.

(B)

Applicability of Level of Service Standards. A development permit shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the City of Oakland Park Comprehensive Plan:

Notwithstanding the foregoing, the prescribed levels of service do not necessarily have to be met during construction of new facilities in a specific area if upon completion of the new facilities the prescribed levels of service will be met.

(C)

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

(1)

The area of impact of the development (a traffic shed) shall be determined in accordance with Broward County Land Development Code Trafficways Plan criteria. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. If the application is for a building permit for a single-family or duplex development, 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.

(2)

The projected level of service for arterials and collectors within the traffic shed shall be calculated based upon estimated trips to be generated by the project, or where applicable, the first phase of the project, and taking into consideration the impact of other approved but not completed developments within the traffic shed.

(D)

Development subject to concurrency determination. The following development permits shall be subject to concurrency review; the review shall occur at the earliest appropriate submittal stage in the development permit review process:

(1)

All development permits subject to approval by the City of Oakland Park. For development permits requested on land platted prior to March 20, 1979, the City of Oakland Park will be responsible for making the final concurrency determination. Exceptions to concurrency review are as noted in (2) and (3) below.

(2)

Traffic concurrency only shall be considered vested or approved for plats approved by Broward County between March 20, 1979 and October 1, 1989, assuming there is no replat. Otherwise, they shall be subject to concurrency review.

(3)

Property which is exempt. Exempt property is limited to:

(a)

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

(b)

Development which is found by the city planner to have vested rights with regard to any affected roadway segments and/or infrastructure capacity reservations.

(c)

Any replacement use which by virtue of its similarity (or lower intensity) to the previous type of use, clearly causes no increase in public facility usage; however, any increase in parking requirements shall necessitate a concurrency review.

(d)

Development of one (1) single-family or duplex dwelling on a lot or parcel of record which was in single and separate ownership as of March 1, 1989, shall be exempt if all city easement and right-of-way requirements have been met. Any single-family or two-family dwelling which is demolished shall be vested if replaced by a similar dwelling within eighteen (18) months. The entire City of Oakland Park is considered an infill area.

(e)

Development which is a government facility which the Oakland Park City Commission finds is essential to the health or safety of persons residing in the city.

(f)

Bus stop shelters, landscape features, signs, diminution or demolition of a structure, or canal maintenance.

(E)

Measurement of facility capacities.

(1)

Water and wastewater: Measurement of the capacity of water and wastewater facilities will be based on design capacities and flows both serving the site and at the master meter on the feeder trunk line. Tables I and II, located at the end of this article, shall be used to calculate design flows per unit.

(2)

(a)

Roadways: The standard for determining additional trips shall be a current Broward County Office of Planning TRIPS Generation Rate Table. The basis for measuring roadway capacities shall be based upon the comprehensive plan traffic tables, a county TRIPS assignment and the Florida DOT Table of Generalized Daily Level-of-Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies or other data provided that analysis techniques are technically sound and acceptable to the Broward County Office of Planning or city engineer.

(b)

Any developments that are determined to be within or create a compact deferral area may have to be reviewed in conjunction with Broward County Office of Planning to determine if an action plan can resolve the capacity deficiencies.

(3)

Drainage: Measurement of the drainage facilities will be based on the more restrictive of:

1)

One (1) foot above the FEMA Flood Insurance Rate Map Base Flood Elevation; or

2)

The 100-Year Flood Elevation as determined by the Broward County 100-year flood criteria map; or

3)

a)

Twelve (12) inches above the adjacent road crown for residential development;

b)

Six (6) inches above the adjacent road crown for nonresidential development.

(4)

Solid waste: Measurement of solid waste shall be based on generation rates shown in Table III, located at the end of this article, and the design capacity of the landfill.

(5)

Recreation: Measurement shall be based on the latest planning division population figure and the public recreation land inventory in the Oakland Park Comprehensive Plan.

(F)

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 new facilities that will come 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:

1.

The necessary facilities are in place at the time a plat approval is issued, or a plat approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.

2.

Construction of the new facilities is under way at the time of application.

3.

The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.

4.

The new facilities have been included in a funded capital improvement program annual budget.

5.

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 F.S. § 163.3220, or an agreement or development order pursuant to F.S. Ch. 380. Such facilities must be consistent with the Capital Improvements Element of the City of Oakland Park Comprehensive Plan and approved by the city/county engineer.

6.

The developer has contributed funds to the City of Oakland Park, Broward County or other governmental entity necessary to provide new facilities consistent with the Capital Improvements Element of the City of Oakland Park Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city, county or other governmental entity.

(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 development by the anticipated completion of other presently approved developments.

(G)

Park impact fee.

(1)

If required by the city, residential development shall be subject to payment of a park impact fee at the time of building permit issuance for any new residential dwelling unit. A park impact fee shall be paid in the amount of one thousand five hundred ($1,500.00) per new unit. The park impact fee amount required shall be adjusted as shown below:

(a)

Effective 11/01/2021: $1,687.50

(b)

Effective 11/01/2022: $1,875.00

(c)

Effective 11/01/2023: $2,062.50

(d)

Effective 11/01/2024: $2,250.00

(2)

When requiring the park impact fee in lieu of land dedication, a payment shall be required at the time of building permit issuance for each new unit.

(a)

Example: Five (5) dwelling units × $2,250 = $11,250 fee in lieu of land dedication.

(b)

Fees collected shall be kept in an appropriate park impact fee account for the purpose of park land acquisition, development, enhancement or expansion of existing city owned parks or sites that the city maintains for recreational purposes. The expenditure of these funds shall accommodate increased utilization at the city owned or maintained parks or sites.

(H)

Fees collected for acquisition and/or development of park improvements for future park areas shall be utilized by the city within five (5) years of payment by the applicant. After five (5) years, the applicant that provided the original impact fees shall be reimbursed the original dollar amount paid. In the event that development of the property does not occur and vested rights lapse, the city shall return the original fee payment to the original payor.

(I)

Compliance with proportionate fair share requirements of F.S. Ch. 163.3180. In compliance with the transportation proportionate fair share requirements of F.S. Ch. 163.3180, determination of an applicant's fulfillment of transportation concurrency requirements under the city and county comprehensive plans shall be made, and transit concurrency assessments shall be imposed in accordance with the methodology provided for transit oriented concurrency districts in section 5-182(a)(5)a. of the Broward County Code as amended from time to time.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-3, §§ 9, 10, 3-18-93; Ord. No. O-93-5, §§ 1—4, 5-5-93; Ord. No. O-1999-013, § 7, 9-1-99; Ord. No. O-2005-006, § 2, 1-19-05; Ord. No. O-2007-012, § 2, 5-2-07; Ord. No. O-2009-006, § 2, 2-18-09; Ord. No. O-2021-008, § 2, 7-21-21)

Public facilities may be determined to be adequate to serve the needs of a proposed development when the following conditions are met:

(A)

Traffic circulation, parks, 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 F.S. Ch. 163.3202(g), and the concurrency management policies included within section 24-175(B) of this article.

(B)

Local streets and roads will provide safe, adequate access between buildings within the proposed development and the trafficways identified on the Broward County Trafficways Plan prior to occupancy.

(C)

Fire protection service will be adequate to protect people and property in the proposed development.

(D)

Police protection will be adequate to protect people and property in the proposed development.

(E)

Adequacy of school sites and facilities. Land suitable for residential development pursuant to applicable land development regulations shall be designed to provide for the educational needs of the future residents of the developed area.

(1)

Public school concurrency. Pursuant to the Public School Facilities Elements of the Broward County and Oakland Park Comprehensive Plans (PSFE) and the Amended Interlocal Agreement for Public School Facility Planning (ILA), Broward County, in collaboration with the School Board of Broward County (School Board), shall ensure public school facilities will be available for current and future students consistent with available financial resources and adopted level of service standards and such facilities are available concurrent with the impact of proposed residential development.

(a)

Applications subject to a public school concurrency determination.

1.

Broward County and Oakland Park shall not approve an application for a residential plat, replat, plat note amendment, finding of adequacy or any site plan application, that generates one (1) or more students or is not exempt or vested from the requirements of public school concurrency, until the school board has reported that the school concurrency requirement has been satisfied.

(b)

Exemptions and vested development.

1.

The following residential application shall be exempt from the requirements of public school concurrency:

a.

An application which generates less than one (1) student at each level in the relevant concurrency service area (CSA). Such development shall be subject to the payment of school impact fees.

b.

An application for age restricted communities with no permanent residents under the age of eighteen (18). Exemption for an aged restricted community shall only be available subject to a recorded restrictive covenant prohibiting the residence of school aged children in a manner not inconsistent with federal, state or local law or regulations.

c.

A development of regional impact (DRI) with a development order issued before the effective date of Senate Bill 360 or an application submitted before May 1, 2005.

d.

As may otherwise be exempted by Florida Statutes, including but not limited to, applications within municipalities which meet specific qualifying criteria outlined in the Statute and approved by the school board.

2.

The following residential applications shall be vested from the requirements of public school concurrency:

a.

Any application located within a previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:

i.

The mitigation to address the impact of the new students anticipated from the development has been accepted by the school board consistent with School Board Policy 1161, entitled "Growth Management", as may be amended from time to time; and

ii.

A declaration of restrictive covenant has been properly executed and recorded by the developer or the development is located within a boundary area that is subject to an executed and recorded tri-party agreement consistent with School Board Policy 1161, as may be amended from time to time.

iii.

The applicant shall provide a letter from the school board or other evidence acceptable to the county and Oakland Park verifying i. and ii. above. Other evidence may include documentation as specified in the tri-party agreement.

b.

Any application which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed application. This includes any application approved between February 2, 1979 and the effective date of the public school facilities element of the comprehensive plan and this subsection, which have not expired. In the transmittal of an application to the school district, the county and/or Oakland Park shall include written information indicating that the units in the application are vested.

c.

Any application that has received final approval, which has not expired, prior to the effective date of the public school facilities element of the comprehensive plan and this subsection.

3.

To be exempt or vested from the requirements of public school concurrency, an applicant seeking such a determination shall be required to submit documentation with the application which shall include written evidence sufficient to verify that the subject development meets the exemptions stated herein, and as such, is exempt from the requirements of public school concurrency.

(c)

Level of service standards.

1.

The level of service standard (LOS) shall be 110% of the permanent Florida Inventory of School Housing (FISH) capacity for each concurrency service areas (CSA). The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective five-year adopted district educational facilities plan (DEFP).

(d)

Concurrency service areas (CSAs).

1.

The areas for the implementation of public school concurrency in Broward County shall be known as concurrency service areas (CSA), and such CSA's shall be the approved school boundaries for elementary, middle and high schools as annually adopted by the school board. For the purposes of public school concurrency, such CSA's shall be effective on the first day of the school year, and end on the last day before the beginning of the next school year.

(e)

Student generation rates

1.

The effective adopted student generation rate(s) contained within the Broward County Land Development Code as amended from time to time shall be utilized to determine the potential student impact anticipated from the residential development proposed in submitted applications.

(f)

Review procedure.

1.

Public school impact application (PSIA).

a.

Any applicant submitting an application with a residential component, that is not exempt or vested, is subject to public school concurrency and shall be required to submit a public school impact application (PSIA) for review by the school district. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school district shall be required prior to acceptance of the application by Broward County and Oakland Park.

2.

School capacity availability determination letter (SCAD).

a.

No residential application or amendments thereto, shall be approved by the county or Oakland Park, unless the residential development is exempt or vested from the requirements of public school concurrency, until a school capacity availability determination (SCAD) letter has been received from the school district confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the school board. The SCAD letter shall be sent to the applicant, the Broward County Development Management Division and the local government with jurisdiction over the subject development, no later than forty-five (45) days after acceptance of the completed PSIA by the school district.

b.

The school district shall determine the potential student impact from proposed residential development on the applicable CSA by performing the review procedure specified in school board policy 1161, as amended.

c.

If the school district reviews an application and determines that sufficient permanent capacity is available at the adopted LOS to accommodate students anticipated from the development, the school district shall issue a SCAD letter indicating that adequate school facilities exist to accommodate the student impact and that the proposed development satisfies public school concurrency requirements.

d.

If the SCAD letter states that the development has not satisfied public school concurrency requirements, the SCAD letter shall state the basis for such determination, and the applicant shall have thirty (30) days to propose proportionate share mitigation to the school district.

e.

If the applicant proposes proportionate share mitigation within the thirty-day deadline, upon the subsequent acceptance of the proposed mitigation by the school board, and upon the execution of a legally binding document among the school board, the municipality, if applicable, and the applicant, an amended SCAD letter shall state that adequate capacity anticipated from the accepted proportionate share mitigation will be available to accommodate the student impact anticipated from the proposed development and that the proposed development satisfies public school concurrency requirements. The total amount committed for any mitigation option shall not be less than the school impact fees due for the proposed units as calculated based upon the adopted school impact fee schedule specified in subsection 24-176(E). The school impact fee due for the project shall be considered included in the total proportionate share mitigation amount due or paid. If the proportionate share mitigation is not accepted by the school board, the amended SCAD letter shall state the basis upon which the mitigation proposal(s) was rejected and why the development is not in compliance with public school concurrency requirements.

f.

An applicant adversely impacted by a SCAD determination may appeal such determination by written request to the school board within the designated thirty-day time period. A timely request for an appeal shall stay the requirement for an applicant to propose proportionate share mitigation until the appeal has been resolved.

g.

If an application or approval expires, the SCAD Letter will no longer be valid.

(g)

Expiration of concurrency/vesting.

1.

The public school concurrency approval for a residential application shall expire if development does not commence, as outlined in 2. below, within five (5) years following the date of county commission approval.

2.

If a residential application received approval, the development and anticipated students shall be considered vested for up to five (5) years beginning from the date the developer received approval from the county. Vesting of a residential application beyond the five (5) years requires that one of the following conditions are met within the five-year period: 1) the issuance of a building permit for a principal building and first inspection approval or 2) substantial completion of project water lines, sewer lines and the rock base for internal roads. If the development was denied, the district shall deduct from its database, students associated with the development.

(F)

Development does not include a structure, or alteration thereof, that is subject to the notice requirements of Federal Aviation Regulations (FAR), Part 77, Subpart B, unless the Federal Aviation Administration issues, or has issued within the previous ninety (90) days, a written acknowledgement that said structure or alteration would not constitute a hazard to air navigation and does not require increases to minimum instrument flight altitudes within a terminal area, increases to minimum obstruction clearance altitudes, or other operational modifications at any existing airport or heliport or any planned or proposed airport as described in FAR Part 77.21(c)(2).

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-5, § 5, 5-5-93; Ord. No. O-1999-013, § 8, 9-1-99; Ord. No. O-2008-024, § 2, 6-18-08)

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 and verifiable information showing compliance with these standards.

(Ord. No. O-90-21, § 10, 10-17-90)

(A)

Responsibility. The City of Oakland Park Community Development Department shall be responsible for monitoring development activity to ensure the development is consistent with the City of Oakland Park Comprehensive Plan. The community development department shall record all existing and committed development and traffic impact for development approvals not requiring a concurrency determination by Broward County and monitor its impact on facilities subject to level-of-service standards. Monitoring shall include:

(1)

A monthly report of all new or amended land development regulations or a new or amended Land Development Code, 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.

(5)

A yearly summary regarding allocation of acreage proposed for commercial uses within lands designated residential, industrial and employment center utilizing the "5% residential land use" and "20% industrial/employment center land use" flexibility provisions of the Broward County Land Use Plan as described within the Permitted Uses subsection of the City of Oakland Park Comprehensive Plan, if certified within the city land use plan.

(6)

A description of the roadway network as defined in the city's comprehensive plan. Applicable data to be recorded in the local traffic monitoring program may include: roadway name, roadway limits, TRIPS segment number, TRIPS annual average daily traffic, TRIPS committed annual average daily traffic, level of service, development project traffic and city committed traffic. The local traffic monitoring program will also include committed traffic for approved projects which will be recorded in the TRIPS committed or city committed traffic categories as applicable.

(B)

Concurrency review fee. An applicant will be charged a concurrency review fee as specified in the land development fee schedule.

(C)

Development permit review. All development permit applications shall be reviewed by the appropriate city departments as specified by the city manager. The planning department shall review all appropriate development permit applications for concurrency. When necessary or appropriate, such applications shall be referred to the development review committee (DRC).

(D)

Required information. At every stage of the development process (including, but not limited to, development of regional impact applications, land use plan amendments, rezonings, plats, minor plat resurveys, site plans, final engineering, and building permits), the developer shall provide the required information to the appropriate city department for review and verification, as specified by the city manager.

(E)

Concurrency rights reservation and effective period.

Reservation at site plan: Compliance will be finally calculated and capacity reserved at time of final action of an approved site plan or enforceable developers agreement for those concurrency services within the authority of the City of Oakland Park. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity.

Expiration: A building permit application must be submitted within eighteen (18) months of site plan approval to preserve the concurrency reservation.

Development agreements: Development agreements as described in Chapter 163.3220, the "Florida Local Government Development Agreement Act," shall have a valid concurrency period as provided in Chapter 163 FS, and may be extended as provided in Chapter 163 FS.

Bonds: At each annual renewal of public performance bonds (if any), the city shall make a determination if the bonds shall be drawn upon for completion of construction to meet concurrency standards.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-5, §§ 6—8, 5-5-93; Ord. No. O-1999-013, § 9, 9-1-99)

TABLE I
POTABLE WATER DESIGN FLOWS

In the case where the type of connection is not listed then the most suitable one is to be used.

The city retains the authority to require appropriate information to be submitted in accordance with American Water Works Association (AWWA) standards to settle any dispute.

TABLE II
SANITARY SEWER DESIGN FLOWS

In the case where the type of connection is not listed then the most suitable one is to be used.

The city retains the authority to require appropriate information to be submitted in accordance with AWWA standards to settle any dispute.

TABLE III
SOLID WASTE GENERATION RATES

(Ord. No. O-90-21, § 10, 10-17-90)