No development activity or final development order may be approved unless it is found that the development is consistent with the Okeechobee County Comprehensive Plan and that the provision of required public facilities will be available at the prescribed levels of service concurrent with the impact of the development on those facilities. Concurrency shall be met for all development orders and subsequent development orders unless the development is exempt from the requirements of this article.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

Exemptions granted by this section shall terminate upon expiration, repeal, or rescission of any approved development order qualifying for the exemption for the development or development phase. This includes expiration of any final site plan, subdivision plan, preliminary plat or the functional equivalent, or noncompliance with any phasing deadline for such development.

A.

The following uses shall be exempt from the concurrency review process and certification:

1.

Development or development orders determined by the county to be vested under the Okeechobee County Comprehensive Plan, or vested from pertinent concurrency requirements pursuant to section 11.02.02 of the Land Development Regulations, provided that construction has commenced, or commences and thereafter continues in good faith, within three years of the date of adoption of this ordinance, or provided that construction commences and continues in good faith in accordance with the specific terms established in a development order or functional equivalent.

2.

Development considered de minimus (including provisions set forth in section 13.02.01 of the Okeechobee County Land Development Regulations), and/or development presumed to have no impact on public facilities and services. These include:

a.

Development activity which does not result in an increase in development intensity or density.

b.

Replacement or repair of an existing use/structure occasioned by casualty loss or damage that does not result in an increase in density or intensity.

c.

Routine repair, maintenance or remodeling of an existing structure that does not result in an increase in density or intensity.

d.

Private utilities, such as telephone switching stations, electrical power substations, and communication towers that create no additional impact on public facilities.

e.

Permits to bring existing structures into code compliance.

3.

Existing single-family lots of record, final subdivision plats, and replats (plat modification), unless the replat will create additional lots that exceed threshold amounts otherwise established in this section.

4.

New development, change of use, or modification to an existing use, generating 30 or fewer new two-way trips during its peak one-hour period is exempt from transportation concurrency. New development, change of use or modification to an existing use generating more than 30 two-way trips during its peak hour but generating 30 or fewer new two-way trips during the weekday a.m. or p.m. peak hour may submit a written request to be exempt from transportation concurrency upon demonstration that the nearest major intersection, collector roadway and arterial roadway in either direction will not be impacted by more than five percent of the intersection or roadway capacity during the development's peak hour.

5.

Residential development shall be considered exempt from public school concurrency if any of the following criteria are met:

a.

Single-family lots of record, existing as of the adoption date of the Public School Facilities Element of the Okeechobee Comprehensive Plan (August 14, 2008).

b.

New residential development that has a preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the adoption date of the Public School Facilities Element of the Okeechobee Comprehensive Plan (August 14, 2008) provided that construction has commenced, or commences and thereafter continues in good faith, within three years of the date of adoption of this ordinance, or provided that construction commences and continues in good faith in accordance with the specific terms established in a development order or functional equivalent.

c.

Any amendment to previously approved residential development that does not increase the projected number of students.

d.

Age restricted communities with no permanent residents under the age of 18. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older.

e.

A new residential development that creates five or fewer lots, units or spaces.

6.

All valid, unexpired, final Development of Regional Impact (DRI) development orders that were issued prior to adoption of this ordinance except where:

a.

Development conditions or stipulations applicable to concurrency or the provisions of adequate public facilities concurrent with the impacts of development exist in the DRI development order.

b.

Substantial deviations are sought for a DRI development order, and then, this ordinance shall apply only to those portions of the development for which the deviation is sought.

c.

The county can demonstrate pursuant to F.S. § 380.06, that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this Code to the development order is clearly established to be essential to the public health, safety, and welfare.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

This article shall not affect, in any manner, any other aspect of development and improvement standards or requirements, or any other aspect of the development of land or provision of public improvements subject to the Land Development Regulations, the Okeechobee County Comprehensive Plan, or other regulations of the county, which shall be operative and remain in full force and effect without limitation with respect to all such development. The provisions of this article hereby supersede all prior regulations of Okeechobee County related to the implementation of level of service standards for public facilities and services and the Proportionate Fair Share Ordinance No. 2006-09. Where this article conflicts with another county ordinance, the provisions of this article shall prevail to the extent of such conflict except as otherwise provided herein.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The capital improvement element of the Okeechobee County Comprehensive Plan establishes the level of service standards for public facilities and services within Okeechobee County. Specifically, nonexempt development will be reviewed to ensure that the following public facilities and services will be in place within the adopted level of service standard prior to or concurrent with the impacts of development:

Sanitary sewer;

Potable water;

Solid waste;

Drainage;

Roads;

Recreation; [and]

Schools.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Generally. The purpose of this section is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development as required by the Okeechobee County Comprehensive Plan. All development orders and development permits shall be reviewed prior to issuance in order to ensure that the adopted level of service standards as set forth in Okeechobee County Comprehensive Plan for transportation facilities, potable water, sanitary sewer, solid waste, drainage, parks and recreation, and schools will be maintained.

1.

No impact fees shall be collected prior to issuance of a certificate of concurrency.

2.

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

3.

A certificate of concurrency shall be issued prior to or concurrent with the approval of final site plan, final subdivision, preliminary plat or the functional equivalent.

4.

Final development orders may be restricted by condition of approval to ensure that public facilities necessary to achieve and maintain the adopted level of service standards are available to support the development.

5.

A certificate of concurrency shall remain valid for the length of time specified in section 5.04.01.

6.

Impacts shall be considered cumulative for applications within the same development that have not received certificates of occupancy.

B.

Application information. Each application for development order approval or development permit approval shall include a statement as to the number of units, the type of land use, the square footage for all nonresidential structures, and specific information required for the different public facilities as detailed in the sections below.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Generally. The following review standards shall be utilized by the county for the purposes of issuing a certificate of concurrency:

1.

The necessary facilities and services are in place at the time the development orders and development permits are issued;

2.

The development orders and development permits will be issued subject to the conditions that the necessary facilities and services will be in place when the impacts of the development occur;

3.

The necessary facilities are under construction at the time the development orders and development permits are issued; or

4.

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of Rules 9J-5.0055(2)(a)1—3, Florida Administrative Code. This enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The county shall maintain a continuous accounting of the impacts of development permits and development orders issued subsequent to the adoption of this section in order to determine the cumulative impact of all such development upon the adopted levels of service standards set forth in the Okeechobee County Comprehensive Plan. To determine the cumulative impact of development, certificates of concurrency shall be processed in order from the time of acceptance of a complete application for development approval. The planning and development director or designee shall annually prepare a report on the cumulative impact on the levels of service for use by the board of county commissioners during the annual budget process.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

Development orders and development permits for nonexempt development shall not be granted unless the county has issued a certificate of concurrency.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The applicant will be charged a concurrency review fee as specified in the planning and development department fee schedule or as otherwise specified by resolution of the county.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Submittal and completeness review. An application for a certificate of concurrency shall be obtained from the Okeechobee County Planning and Development Department. Within 30 working days of receiving an application for a certificate of concurrency, the planning and development director or designee shall determine whether the application is complete. If the planning and development director or designee finds that the application is not complete, a letter shall be sent to the applicant within ten working days after the completeness review identifying the additional or revised information required. If the planning and development director or designee finds that the application is complete, the application shall be forwarded to the evaluating departments and agencies. The evaluating departments and agencies or their assigns, shall be responsible for evaluating the adequacy of existing and planned facilities within the adopted level of service standard.

B.

Completeness appeal. A determination of incompleteness by the planning and development director or designee can be appealed pursuant to the procedures in subsection [section] 13.07 of this Code.

C.

Sufficiency review by evaluating departments. The planning and development director or designee shall be responsible for receiving and distributing the applications for a certificate of concurrency to the evaluating departments and agencies. Upon receipt of the application, the evaluating departments and agencies shall have 30 working days to determine whether sufficient capacity is available, sufficient capacity is available subject to conditions, or sufficient capacity does not exist to support the proposed development. If additional or revised information is required, the evaluating department or agency shall notify the planning and development director or designee, who shall send a letter to the applicant identifying all additional or revised information that is required. The applicant shall have up to 60 calendar days from the date the letter is sent to submit all additional or revised information. If the applicant does not submit the requested information within the described 60 calendar days, the application will be deemed withdrawn. If the submittal of additional or revised information does not meet the specified requirements, the evaluating department shall notify the planning and development director or designee, and the planning and development director or designee shall notify the applicant in writing that the required information is needed within 20 calendar days, or the application is deemed withdrawn. Any appeals shall be processed in accordance with the provisions of section 13.07 of this Code.

D.

Level of service determinations. Each evaluating department or agency shall provide the planning and development director or designee with a letter or other instrument that identifies facilities which will be impacted by the development, the extent of the impact generated by the development, and whether those facilities have sufficient capacity to serve the proposed development at or above the adopted level of service standard. This determination must clearly state whether the evaluating department or agency finds the development in compliance, in compliance subject to conditions, or not in compliance with the level of service standards for the affected facilities.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The planning and development director or designee shall be responsible for compiling the level of service determinations from the evaluating departments and agencies into a concurrency determination report for each concurrency application. The report shall determine whether public facilities and services are or will be available within the adopted level of service standard at the time the impacts of the development occur. The report shall state whether the concurrency application shall be approved, approved with conditions, or denied. Concurrency determination reports shall be issued within 30 working days of receiving the evaluating department or agency level of service determinations to complete the report. Approved concurrency applications shall be issued a certificate of concurrency. Each concurrency report shall be based on findings of fact and shall document the conditions related to the development, the public facility availability, and the public facility capacity upon which the evaluations were based.

Upon receiving notification that concurrency is not met, the applicant may submit a revised concurrency application within 60 calendar days.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The county may, but under no circumstances is it required to, enter into a development agreement in order to ensure that adequate public facilities and services will be available concurrent with the impacts of a proposed development. The planning and development director or designee shall, with the consultation of the appropriate evaluating departments, review and recommend approval, approval with changes, or denial of the proposed development agreement to the board of county commissioners. No development agreement may be entered into by the county unless the public facilities and services to be constructed by the developer pursuant thereto are secured as deemed necessary by the county. Any funds or contributions received by the county pursuant to a development agreement shall be applied toward the capital improvements specified in the development agreement.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The applicant may withdraw an application for a certificate of concurrency at any time by submitting a written request to the planning and development director or designee. An application may be deemed withdrawn by the planning and development director or designee due to incomplete or insufficient information pursuant to section 5.03.03. The withdrawal of an application for a concurrency determination shall result in the forfeiture of all administrative fees paid by the applicant for the processing of the application.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

An applicant who has been denied concurrency may appeal a concurrency determination made by the county's planning and development director or his designee, or by the site plan technical review committee, to the board of adjustments and appeals, provided such appeal is filed within 30 calendar days of the decision in accordance with the appeal procedures set forth in section 13.07 of this Code.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A certificate of concurrency shall be issued prior to or concurrent with the approval of the final site plan, final subdivision plan, preliminary plat, or the functional equivalent finding that adequate public facilities are or will be available at adopted level of service standards concurrent with the impact of the development. The issuance of a certificate of concurrency will establish that:

A.

The public facilities and services are available at the time of issuance of the certificate of concurrency;

B.

That public facilities and services will be available at all subsequent stages of the development approval process up to the date of expiration of the certificate of concurrency or the extended capacity reservation, subject to conditions, and the time limitations established in section 5.04.02.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A certificate of concurrency shall be valid for one year. If an applicant with a valid, unexpired certificate of concurrency obtains approval of a final site plan, final subdivision plan, preliminary plat, or the functional equivalent within the one-year period, then the certificate of concurrency shall remain in effect until the underlying development order expires or is revoked or denied by the county. If the applicant fails to obtain such approval within the one-year [period], the certificate of concurrency will expire unless a time extension is approved using the criteria established in section 5.04.02 below.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A certificate of concurrency may be extended by the planning and development director or designee for a reasonable period not to exceed one year if there is a demonstration of delay based on factors that are beyond the control of the applicant and the applicant has submitted a completed development application. An extension of a certificate of concurrency shall be made conditional on the resolution of the delay in a manner determined by the county not to be contrary to the public interest.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A modification to an existing certificate of concurrency is required when a change in use, configuration, intensity, or density of the approved development results in a modification of impacts to public facilities and services. Such a modification shall be subject to the appropriate fee. Where a certificate of concurrency was approved with a different amount of development than was approved through the development approval process, the certificate of concurrency will be revised to match the development approval.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A Transportation Impact Analysis (TIA) for a proposed development shall include, at a minimum, the following information:

A.

Development address and a brief description of development location;

B.

Parcel identification number(s);

C.

Acreage information of the development site;

D.

Development information including land uses, densities, and intensities;

E.

Phasing information of the proposed development including build-out date and including land use, densities, and intensities for each phase;

F.

Owner and agent contact information; [and]

G.

A vehicular traffic impact analysis (VTIA) as described in section 5.05.01.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The transportation concurrency review will be made by the county on the basis of the VTIA submitted by an applicant as a part of the transportation concurrency application. The VTIA for a proposed development shall be certified (signed and sealed) by a Florida registered professional engineer or certified professional transportation planner. Adjustments or modifications to the information and analysis presented in the VTIA may be requested by the applicant. The VTIA requirements may be modified or adjusted on a development-by-development basis by the county. All deviations from the above-mentioned VTIA methodology must be made in consultation with and receive approval from the county. A pre-application conference may be requested by the applicant with the county to determine the assumptions of the VTIA.

The VTIA is required to include the following minimum analysis, as well as any additional analysis identified by the county at the pre-application conference.

A.

Trip generation. Trip generation calculations for the proposed development shall be based on rates and equations found within the current version of ITE's Trip Generation Handbook or an independent study in accordance with procedures agreed upon by the county. Trip generation shall be based on a.m. and p.m. peak-hour volumes. The total trips, internal trips, pass-by trips and total external trips are required to be presented in the trip generation analysis. Internalization and pass-by capture shall be calculated in accordance with the methodologies outlined in ITE's Trip Generation Handbook. The trip generation, internalization, and pass-by assumptions must be accepted by the county.

Peak hour trip generation assumptions may be adjusted if the assumptions submitted by the applicant are found by the county to be acceptable. The applicant shall demonstrate that effective measures will be employed that will cause the peak traffic generation characteristics of the proposed development to be significantly lower than the characteristics of a development of the same type on which the peak trip generation factors are based. For the purposes of impacts to the roadway network, a project's trips (net new trips) are equal to the trip generation minus any applicable internal and pass-by capture.

B.

Trip assignment. The assignment of projected trips on the roadway network should be determined by reviewing the existing and proposed land uses in the vicinity of the development through build-out of the proposed development or by use of the County's Florida Standard Urban Transportation Model Structure (FSUTMS). The trip assignment for the development shall be approved by the county.

C.

Study area. The study area for a development shall be all roadway segments whose peak-hour service capacity is impacted by greater than 30 peak-hour two-way trips by the development. A roadway segment that is impacted by more than 30 peak-hour two-way trips is considered a significantly impacted segment.

D.

Level of service standards for roads (peak-hour).

1.

Adopted level of service volumes. Level of service determinations shall be made for the peak-hour, and shall be based on peak-hour, two-way volumes. The minimum acceptable level of service for all roads within the county shall be as identified in the Okeechobee County Comprehensive Plan. The level of service capacity thresholds shall be based on the standards contained in the Florida Department of Transportation's 2002 Quality/Level of Service Handbook (or the most current version) for the appropriate area type as determined by the county. Roadways maintained by the Florida Department of Transportation shall be analyzed using level of service volumes in the "State Two-Way Arterials" section of Tables 4.4, 4.5 or 4.6, depending on area type as determined by the county. All other roadways shall be analyzed using Okeechobee County's 2007 Capacity Analysis Collector Study. All other roadways shall use the most appropriate level of service capacities in the 2002 Quality/Level of Service Handbook (or the most current version) for the appropriate area type as determined by the county. Adjustments shall be made as applicable to the level of service capacities consistent with the "arterial/non-state roadway adjustments" standards referenced above.

2.

Existing plus committed volumes. Trips from approved development within the county that add traffic to the roadway network, as well as trips from development outside of the county that add traffic in excess of five percent of the adopted roadway level of service capacity, shall be included as committed trips. Additionally, an annual ambient growth rate shall be applied to existing traffic volumes until the estimated time of project buildout to create ambient traffic volumes. The county shall supply the roadway growth rates. The remaining capacity on roadways and the level of service determination shall be based on a comparison of background (ambient plus committed) plus project traffic with the level of service capacity as described in this section. Refer to section 5.02.02 for a determination of which committed development is included in the calculation of background traffic volumes.

If the total (background plus project traffic) volumes exceed the level of service standard for one or more segments, the applicant may choose one or more of the following options:

a.

Mitigate the roadway segment by adding lanes as necessary to accommodate total traffic at build-out of the development.

b.

Prepare a more detailed arterial analysis of the failing roadway segments. This detailed analysis shall conform to the methodologies outlined in the Federal Highway Administration's (FHWA) Highway Capacity Manual 2000 or current version and shall account for signal spacing, signal timings, and projected intersection turning movement volumes at each signalized intersection. The limits of a detailed arterial analysis shall be a minimum of two miles in length as determined by the county.

E.

Intersection analysis. Major intersections located on and at the end points of significantly impacted segments shall be analyzed for capacity purposes. A major intersection is defined as the intersection of two or more arterial or collector roadways. The intersections shall be analyzed based on the methodologies outlined in the FHWA's Highway Capacity Manual 2000 or the most current version. Each approach of the intersection shall maintain the level of service of the roadway segment on which it lies.

In the case that the intersection does not operate at an acceptable level of service with the addition of traffic from the development, the applicant may identify potential signal timing, phasing, or geometric improvements that would result in the intersection operating at an acceptable level of service.

F.

Access analysis. Access analysis shall be provided for all proposed site-related driveways. The analysis shall include a review of existing turn lanes and median treatment. The VTIA must demonstrate that proposed turn lanes will accommodate the proposed total queue and deceleration length. The deceleration length shall be based on the 2006 Design Standards or current version published by the Florida Department of Transportation, Index #301. The queue length shall be based on methodologies outlined in the FHWA's Highway Capacity Manual 2000, Florida Department of Transportation's Plans Preparation Manual or current version, or other methods as approved by the county. If the proposed turn lane will not accommodate the future traffic, the TIA shall identify mitigation measures to accommodate the future traffic.

If access is provided via one or more directional median openings or right-in/right-out driveways, a U-turn analysis shall be provided as necessary to identify the impacts of additional U-turns created by the development and potential mitigation measures if necessary.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The proportionate fair-share program shall apply to all developments in the county that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the county's concurrency management system (CMS), including transportation facilities maintained by FDOT or another jurisdiction that is relied upon for concurrency determinations, pursuant to the requirements of section 5.05.03 of this ordinance. The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as may be provided in the Okeechobee County Comprehensive Plan, Concurrency Management System, and F.S. § 163.3180, regarding exceptions and de minimums impacts. The proportionate fair-share program does not preclude applicants from funding transportation improvements pursuant to a development agreement to meet concurrency requirements.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

An applicant may be afforded the option to satisfy the transportation concurrency requirements of the county by making a proportionate fair-share contribution, pursuant to the following requirements:

1.

The proposed development is consistent with the Okeechobee County Comprehensive Plan and applicable land development regulations; and

2.

The five-year schedule of capital improvements in the county's capital improvements element (CIE) or the long-term schedule of capital improvements for an adopted long-term CMS includes the construction phase of one or more transportation improvements that, upon completion, will satisfy the requirements of the county's transportation CMS as it pertains to the subject development.

B.

The county may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by adding an improvement (construction phase) to the CIE or adopted long-term CIE that will satisfy the requirements of the county transportation CMS.

C.

To implement the option identified in [subsection] 5.05.03B., the county shall adopt, by resolution, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the board of county commissioners and be determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1., consistent with the Okeechobee County Comprehensive Plan, and in compliance with the provisions of this ordinance. Any capital improvement proposed to meet the developer's fair-share obligation must meet the design standards of the jurisdiction with maintenance responsibility for the subject transportation facility.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The county shall coordinate, when necessary, with the FDOT and the City of Okeechobee to implement the provisions of the proportionate fair-share program. Appropriate provisions for intergovernmental coordination will be detailed in a Memorandum of Understanding on the Proportionate Fair-Share Program (MOU), and the county shall coordinate with the signatory parties to ensure that mitigation to impacted facilities is based on comprehensive and consistent transportation data.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility (e.g., project status in CIE), application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System (SIS), or any state transportation facility, then the FDOT will be notified and invited to participate in the pre-application meeting.

B.

Eligible applicants shall submit an application to the county that includes an application fee of $5,000.00 (or a fee otherwise specified by resolution by the board of county commissioners) and the following:

1.

Name, address and phone number of owner(s), developer and agent;

2.

Property location, including parcel identification numbers;

3.

Legal description and survey of property;

4.

Development description, including development type and intensity;

5.

Phasing schedule, if applicable;

6.

Description of requested proportionate fair-share mitigation method(s);

7.

Copy of concurrency application;

8.

Copy of the transportation impact analysis for the development; and

9.

Location map depicting the site and affected road network.

C.

The county shall review the application and certify that the application is sufficient and complete within 30 working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program, then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 60 calendar days of receipt of the written notification, then the application will be deemed abandoned. The county may, at its discretion, grant an extension of time not to exceed 90 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to affect a cure.

D.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the consent of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

E.

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the county or the applicant with direction from the county and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, or any state transportation facility, no fewer than 30 calendar days prior to the county commission meeting when the agreement will be considered.

F.

The county shall notify the applicant regarding the date of the county commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the commission except as provided in the following paragraph.

G.

The board of county commissioners may, by resolution, establish criteria by which (or a threshold below which) the planning and development director or designee may execute a binding agreement for a proportionate fair-share obligation that is consistent with the provisions and procedures of this ordinance.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Proportionate fair-share mitigation for concurrency impacts, provided separately or collectively, may include, without limitation, private funds, contributions of land, construction, and/or facilities as provided in F.S. § 163.3180(16)(c).

B.

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation as provided in F.S. § 163.3180(16)(c).

C.

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

The number of peak hour, peak direction trips from either the complete build-out of the proposed development or build-out of the stage/phase being approved, that are assigned to the proportionate share program segment, as defined by traffic impact analysis, divided by the change in the peak hour maximum service volume (MSV) of the proportionate share program segment resulting from construction of the proportionate share program improvement, multiplied by the anticipated cost of the proportionate share project.

This methodology is expressed by the following formula:

Proportionate fair-share = S [(development trips)/(SV increase)] × cost

Where:

S = Sum of all deficient segments proposed for proportionate fair-share mitigation for a project;

Development trips = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the concurrency management system (CMS);

SV increase = Service volume increase provided by the eligible improvement to roadway segment "i";

Cost = Adjusted cost of the improvement to segment "i". Cost shall include the cost of all project phases (preliminary engineering or alignment study, design, rights-of-way acquisition, and construction) in the years said phases will occur with all associated costs.

D.

The cost of the proportionate fair-share project shall be determined by the maintaining jurisdiction. For improvements not identified within the state's five-year capital plan or the capital improvement element of the comprehensive plan, the improvement cost determination shall be approved by the county at the expense of the applicant.

E.

The value of right-of-way dedications used for proportionate fair-share payment shall be subject to the approval of the maintaining jurisdiction. No value shall be assigned to right-of-way dedications required under ordinance or as a condition of development approval.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

The county shall maintain a list of transportation improvements funded by transportation impact fees under the CIE. If the subject improvement is contained in the current CIE and funded in part or whole by road impact fees, the proportionate fair-share contributions shall be applied as a credit against transportation impact fees.

B.

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced according to the proportionate fair-share agreement as they become due according to the county's impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the county pursuant to the requirements of the county's impact fee ordinance.

C.

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the county's impact fee ordinance. The credit shall be applied proportionately to the number of new PM peak hour trips generated by each parcel or use within the development.

D.

The amount of traffic impact fee credit for a proportionate fair-share contribution may be up to, but shall not exceed, the proportionate fair-share amount paid by the development.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Upon executing a proportionate fair-share agreement and satisfying other concurrency requirements, an applicant shall receive a certificate of concurrency. Should the applicant fail to apply for building permits within the timeframe as provided in the certificate of concurrency, then the concurrency vesting for the development shall expire, and the applicant shall be required to reapply. Once a proportionate fair-share payment for a development is made and other impact fees for the development are paid, no refunds shall be given. All payments, however, shall run with the land.

B.

The effective date of the proportionate fair-share agreement shall be specified in the agreement and shall be the date that it is executed by the last party to execute the agreement.

C.

Payment of the proportionate fair-share contribution for a development and other transportation impact fees not subject to an impact fee credit shall be due and must be paid within 60 calendar days of the effective date of the proportionate fair-share agreement unless otherwise specified in the agreement.

D.

All developer improvements accepted as proportionate fair-share contributions must be completed within three years of the issuance of the first building permit for the development which is the subject of the proportionate fair-share agreement and must be accompanied by a security instrument that is sufficient to ensure the completion of all required improvements.

E.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to or concurrent with the effective date of the proportionate fair-share agreement.

F.

Any requested change to a development approval subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

G.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the county will be nonrefundable.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Proportionate fair-share revenues shall be placed in the appropriate capital project account for funding of scheduled improvements in the county's CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may also be used as a match for regional, state, or federal programs.

B.

In the event a scheduled facility improvement is removed from the CIE, the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The adopted level of service standards shall be the potable water level of service standards identified in the Capital Improvements Element of the Okeechobee County Comprehensive Plan.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A finding of concurrency with respect to the adopted level of service standards shall not preclude the placement of conditions on development permits regarding potable water service including, but not limited to, fire flow standards, sizing of distribution and transmission lines, and peak capacity.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

Applications for concurrency determinations shall be analyzed with respect to the availability of adequate potable water which shall be determined pursuant to the following information:

A.

An inventory of all community water systems serving the unincorporated areas of the county, including the following data for each system:

1.

System capacity;

2.

Capacity of wellfield or other source of raw water supply;

3.

Historical average flow of potable water;

4.

Historical peak flow of potable water;

5.

Number of hook-ups and the estimated potable water demand per hook-up; [and]

6.

Number of hook-ups for which contractual commitments have been made.

B.

Data pertaining to the proposed development permit under consideration shall be provided by the applicant and shall be subject to verification by the evaluating department, utility authority, or community water supply system operator; and shall contain the following:

1.

The specific location of the development, including the identification of the entity expected to provide service to the development;

2.

The proposed land uses and land use intensities;

3.

Total potable water demand and peak demand projected to be generated by the proposed development; [and]

4.

Phasing information for the development, if applicable.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Development within the service area of a publicly-owned water supply system or the Okeechobee Utility Authority (a provider). If the development is within the service area of a provider, then the provider shall certify that potable water facilities are available at the adopted level of service. If the proposed service provider is other than the county utilities department, documentation must be submitted by the provider indicating that the development is within its service area and that adequate capacity is available to serve the development as proposed at the adopted level of service. If the ability of a provider to serve a proposed development is contingent upon planned facility expansion, details regarding available financing and timing of such planned improvements shall be submitted.

B.

Development within the service area of a community water system or franchised water utility. If the development is within the service area of a community water system or franchised water utility, the applicant shall submit a letter and information from that provider verifying that adequate capacity is available to satisfy the demand for water created by the proposed development and to satisfy the adopted level of service standard for water as identified in the Okeechobee County Comprehensive Plan. Such information shall include, if applicable, the Florida Department of Environmental Protection permit number issued pursuant to a completed notice of intent to use general permit for wastewater collection/drinking water distribution system (form no. 17-555.910[7]) and, if applicable, an application to construct a public drinking water system (form no. 17.555.910[1]).

C.

Applicants served by wells. Where community water is not available, the applicant shall comply with and provide all applicable permits or approvals from the Okeechobee County Environmental Health Department, the St. Johns River Water Management District, or the South Florida Water Management District, as appropriate.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The adopted level of service standards shall be the sanitary sewer level of service standards identified in the Capital Improvements Element of the Okeechobee County Comprehensive Plan.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A finding of concurrency with respect to the adopted level of service standards shall not preclude the placement of conditions on development permits regarding wastewater service including, but not limited to, sizing of collection and transmission lines, and peak capacity.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

Applications for concurrency determination shall be analyzed with respect to the availability of adequate wastewater capacity as shall be determined pursuant to the following information:

A.

An inventory of all central wastewater systems serving the unincorporated area of the county, including the following data for each system:

1.

System capacity;

2.

Historical average daily flow of treated wastewater;

3.

Historical peak flow of treated wastewater;

4.

Number of hook-ups and the estimated wastewater demand per hook-up; [and]

5.

Number of hook-ups for which contractual commitments have been made.

B.

Data pertaining to the proposed development permit under consideration shall be provided by the applicant and shall be subject to verification by the county utilities department, utilities authority, municipal system, or privately-owned wastewater treatment plant operator; and shall contain the following:

1.

The specific location of the development, including the identification of the entity expected to provide service to the development;

2.

The proposed land uses and land use intensities;

3.

Total wastewater treatment demand and peak demand projected to be generated by the proposed development; [and]

4.

Phasing information for the development, if applicable.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

Development within the service area of a publicly-owned wastewater treatment plant or the Okeechobee Utility Authority (a provider). If the development is within the service area of a provider, then the provider shall certify that wastewater facilities are available at the adopted level of service. If the proposed service provider is other than the county utilities department, documentation must be submitted by the provider indicating that the development is within its service area and that adequate capacity is available to serve the development as proposed at the adopted level of service. If the ability of a provider to serve a proposed development is contingent upon planned facility expansion, details regarding available financing and timing of such planned improvements shall be submitted.

B.

Development within the service area of a privately-owned wastewater treatment facility or franchised wastewater system. If the development is within the service area of an individually-owned, community-owned or franchised wastewater system, the applicant shall submit a letter and information from that provider verifying that adequate capacity is available to satisfy the demand for wastewater created by the proposed development and to satisfy the adopted level of service standard for wastewater as identified in the Okeechobee County Comprehensive Plan. Such information shall include, at a minimum, if applicable, the Florida Department of Environmental Protection Permit number issued pursuant to a completed notice of intent to use general permit for wastewater collection/drinking water distribution system (form no. 17-555.910[7]), a copy of the latest applicable operation and maintenance performance report and, if applicable, capacity analysis report prepared pursuant to Florida Administrative Code Chapter 17-600.405 or any successor regulation(s).

C.

Development served by septic tanks or package treatment plants. Development served by septic tanks or package treatment plants shall comply with and provide all applicable permits or approvals from the Okeechobee County Environmental Health Department or a Florida Department of Environmental Protection Package Sewer Treatment Plant Permit as appropriate.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The adopted level of service standards shall be the recreation and open space level of service standards identified in the recreation and open space element of the Okeechobee County Comprehensive Plan.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

Adequate capacity of parks and recreational facilities shall apply only to development permits or those portions of development permits that propose residential development. Applications for concurrency determinations shall be analyzed with respect to the availability of adequate recreation/open space acreage as shall be determined pursuant to the following information:

A.

An inventory of all recreation and open space acreage (including undeveloped park land) owned by the county, including, at a minimum, the following data for each facility (to be developed by the county):

1.

The demand for park/open space acreage, calculated by multiplying the existing population by the adopted level of service standard; [and]

2.

The acreage of each park facility.

B.

Data pertaining to the proposed development under consideration shall be provided by the applicant and shall be subject to verification by the evaluating department, and shall, at a minimum, contain the following:

1.

The specific location of the development;

2.

The total number of residential dwelling units proposed, by type;

3.

The total estimated residential population of the proposed development consistent with the average household size established by the evaluating department based on latest census information or population estimates prepared by the University of Florida Bureau of Economic and Business Research; [and]

4.

Phasing information for the development, if applicable.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The adopted level of service standards shall be the level of service standards identified in the Okeechobee County Comprehensive Plan.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The adopted level of service standards shall be the solid waste level of service standards identified in the Capital Improvements Element of the Okeechobee County Comprehensive Plan.

The evaluating department shall annually prepare a statement of available landfill capacity for existing and projected solid waste disposal requirements for the next five years. This statement will serve as the finding of concurrency for all final development permits issued during the subsequent year.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

The adopted level of service standards shall be the public school level of service standards identified in the Public School Facilities Element of the Okeechobee County Comprehensive Plan.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

Available capacity of public school facilities shall apply only to development or those portions of a development that propose residential component. Applications for concurrency determinations shall be analyzed with respect to the availability of public school facilities and shall be determined pursuant to the following information (as provided by the school district):

A.

The permanent Florida Inventory of School Houses (FISH) capacity of school facilities after taking into consideration the State Requirements for Educational Facilities (SREF) utilization rate for each school type.

B.

The Florida Department of Education (FDOE) five-year county-wide student enrollment projections, as revised annually, as a base for determining future student enrollment for each educational facility.

C.

The student generation, based on the student generation multiplier. The multiplier is used to anticipate the number of students which will be generated from residential development by housing type (single-family, multifamily, etc) and by school level (elementary, middle, and high).

D.

The surplus or deficiency of school capacity based on the adopted level of service standard.

E.

Data pertaining to the proposed development under consideration shall be provided by the applicant and shall be subject to verification by the evaluating department, and shall, at a minimum, contain the following:

1.

The specific location of the development;

2.

The total number of residential dwelling units proposed, by type; [and]

3.

Phasing information for the development, if applicable.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

When processing a concurrency determination for a residential development, the county and the school district shall follow the process described below:

A.

The school district shall review the application for available capacity and shall issue a School Capacity Availability Letter (SCAL) to the county stating either:

1.

School capacity is available to support the development within the adopted level of service standard for schools; or

2.

School capacity is not available to support the development within the adopted level of service standards for schools. When capacity is not available to support the development, the applicant may present proportionate fair-share mitigation options in accordance with section 5.11.04.

B.

The county shall not approve any site plan, subdivision plan, preliminary plat or the functional equivalent for a nonexempt residential development until receiving confirmation of available school capacity in the form of a SCAL from the school district.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

When the student impacts from a proposed development fail to meet the adopted level of service standards for schools, the applicant's proportionate fair-share will be based on the number of additional student stations necessary to meet the established level of service standard for public schools. An applicant will have the opportunity to present proportionate fair-share mitigation options to the school district in an effort to mitigate the impact from the development through the creation of additional capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the school district, the applicant shall enter into a binding and enforceable agreement with the school board and the county.

A.

A mitigation contribution provided by an applicant to offset the impact of a residential development must be directed by the school district toward a school capacity project for the impacted school type(s), and identified in the school district's five year capital improvement plan. Capacity projects identified within the first three years of the five-year capital improvement plan shall be considered as committed in accordance with F.S. § 163.3180(13)(e).

B.

If capacity projects which will satisfy the demand created by a residential development are planned in years four or five of the school district's five-year capital improvement plan, the applicant may pay his proportionate fair-share to mitigate the proposed development impacts in accordance with the formula provided in section 5.11.05.

C.

If a capacity project does not exist in the school district's five-year capital improvement plan, the school district may add a capacity project to the five-year capital improvement plan to satisfy the impacts from a proposed residential development, if it is funded through the applicant's proportionate fair-share mitigation contributions or some other specified funding source. Mitigation options may include, but are not limited to:

1.

Contribution of land or payment for land acquisition in conjunction with the provision of additional school capacity; or

2.

Mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits; or

3.

Provision of additional student stations through the donation of buildings for use as a primary or alternative learning facility; or

4.

Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or

5.

Construction or expansion of permanent student stations or core capacity; or

6.

Construction of a public school facility in advance of the time set forth in the school district's five-year capital plan.

D.

For mitigation measures 1. through 6. above, or as otherwise provided in F.S. § 163.3180(13)(e)1., the estimated cost to construct the mitigating capacity will reflect the estimated future construction costs at the time of the anticipated construction.

E.

Any proportionate fair-share mitigation must be directed by the school district toward a school capacity improvement identified in the school district's five-year capital improvement plan.

F.

Upon identification and acceptance of a mitigation option deemed financially feasible by the school district, the applicant shall enter into a binding and enforceable agreement with the school board and the county, and the school district shall issue a SCAL identifying that pursuant to the mitigation agreement, school capacity is available to support the development within the adopted level of service standard for schools.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

The amount to be paid will be calculated by the cost per student station for elementary, middle, and high school types as determined and published by the State of Florida, plus a share of the land acquisition and infrastructure expenditures for school sites. The methodology used to calculate an applicant's proportionate fair-share mitigation shall be as follows:

Proportionate share = (Development students ^a - Available capacity) × Total cost;sup\sup; per student station

Where the following definitions apply:

a.

Development students = Students generated by residential development that are assigned to that CSA for the affected school type(s).

b.

Total cost = The cost per student station by school type, as determined and published by the State of Florida, plus a proportionate share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the school district's five-year capital improvement plan.

B.

The cost of the proportionate fair-share mitigation for a development shall be determined by the school district.

C.

Mitigation contributed by the applicant shall receive school impact fee credit. The applicant shall receive an impact fee credit for that portion of the applicant's educational impact used to fund the improvements on which the proportionate fair-share mitigation is calculated.

D.

If the proportionate fair-share mitigation required is greater than the impact fees generated by the development, the difference between the applicant's proportionate share and the impact fee credit shall be the responsibility of the applicant.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)

A.

A municipality may, with the consent of the county, enter into an interlocal agreement with the county whereby the municipality, by a concurrency management ordinance, implements the standards and requirements of this Code at different points in the land development approval process than those set forth in this Code. The agreement and ordinance shall ensure that all development is subject to the standards and requirements of this code and that data is forwarded to the county for capacity management and review consistent with this Code.

B.

If cross-jurisdictional impacts are recognized for a development within the unincorporated area of the county, then the county may enter into an interlocal agreement with one or more adjacent local governments. The agreement shall provide the methodology to address the cross-jurisdictional impacts. If it is determined by the county that cross-jurisdictional impacts will result from a proposed development, then the county shall notify the applicant and the affected local government(s) within 90 days.

(Ord. No. 2009-04, § 1(Attch. 1), 12-17-09)