(a)

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

(b)

Definition.

Concurrency. A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

(c)

Determination of consistency.

Editor's note— State law mandates that the land development code be "consistent with and implement" the comprehensive plan, F.S. § 163.3202. The Director of community development shall review and confirm consistency with the goals, objectives and policies of the plan of all development projects on a case by case basis. The developed codes as adopted will implement the intent of the city's comprehensive plan.

(a)

Generally. The following method of ensuring concurrency shall be know as the system for the management of concurrency (SYMCON). The SYMCON is based upon the city comprehensive plan, especially the capital improvements element and adopted level of service standards. The system is designed to ensure that the issuance of a final development order will not result in a degradation of the adopted levels of service for specified public facilities and services. The SYMCON also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards. The SYNCOM program shall be coordinated by the director of community development with the city engineer and the public services director. Any related costs in the review process by city staff or consultants shall be paid by the developer.

(b)

Adopted levels of service shall not be degraded.

(1)

General rule.

a.

All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the city.

b.

An application for a development permit shall demonstrate that the proposed development does not degrade adopted levels of service if there exists no development order under which the permit is sought, and no development order is required prior to the issuance of the permit, e.g. a residence on a parcel of unplatted land.

c.

The latest point at which concurrency is determined is the final development order. If no development is required, the latest point to determine concurrency is the first development permit on a site.

(2)

Exception. Notwithstanding the foregoing, the prescribed levels of service may be degraded during the actual construction of new facilities, if upon completion of the new facilities the prescribed levels of service will be met as determined and approved by city engineer.

(c)

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

(1)

Adding together.

a.

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

b.

The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

1.

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

2.

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time of issuance of the final development order.

3.

The new facilities are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order pursuant to F.S. ch. 380. Such facilities shall be consistent with the capital improvements element of the city comprehensive plan. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur. All agreements shall be subject to city engineer and city attorney's review and recommendation to city commission.

(2)

Subtracting from that number the sum of:

a.

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

b.

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

(3)

Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service as approved by the city engineer:

a.

The project owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments guaranteeing the construction, consistent with calculations of capacity above.

b.

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

(d)

Burden of showing compliance on developer. The burden of showing compliance with these level of service requirements shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards. The director of community development and city engineer shall determined sufficiency of each application.

(e)

Initial determination of concurrency. The initial determination of concurrency occurs during the review of the preliminary development plan, and shall include compliance with the level of service standards adopted by the city.

(f)

Annual report.

(1)

Contents. The city's (community development director in coordination with the city engineer and public services director) shall prepare an annual report on the SYMCON that includes:

a.

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

b.

A summary of building permit activity, indicating:

1.

Those that expired without commencing construction;

2.

Those that are active at the time of the report;

3.

The quantity of development represented by the outstanding building permits;

4.

Those that result from final development orders issued prior to the adoption of this code; and

5.

Those that result from final development orders issued pursuant to the requirements of this code.

c.

A summary of preliminary development orders issued, indicating:

1.

Those that expired without subsequent final development orders;

2.

Those that are valid at the time of the report; and

3.

The phases and quantity of development represented by the outstanding preliminary development orders.

d.

A summary of final development orders issued, indicating:

1.

Those that expired without subsequent building permits;

2.

Those that were completed during the reporting period;

3.

Those that are valid at the time of the report but do have associated building permits or construction activity; and

4.

The phases and quantity of development represented by the outstanding final development orders.

e.

An evaluation of each facility and service indicating:

1.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

2.

The portion of the available capacity held for valid preliminary and final development orders;

3.

A comparison of the actual capacity to calculated capacity resulting from approved preliminary development orders and final development orders;

4.

A comparison of actual capacity and levels of service to adopted levels of service from the city comprehensive plan.

5.

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

(2)

Use of the annual report. The SYMCON annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the twelve (12) months following completion of the annual report.

The following sections are provided to establish a format, to indicate the incorporation of level of service standards within the code, and to provide examples of LOS standards. The City of Pahokee LOS standards are those adopted as part of the comprehensive plan.

(1)

Potable water. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the potable water sub-element of the city comprehensive plan:

The new development shall connect to available public water supply. New development shall meet or exceed minimum level of service requirements.

(2)

Wastewater. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater treatment as established in the sanitary sewer sub-element of the city comprehensive plan:

* to be determined on case by case basis

Any alternative wastewater treatment systems shall be reviewed by and have the recommendation of approval by city engineer with final approval determined by city commission. All costs related to study and staff reviews shall be paid by developers.

(3)

Transportation system.

a.

Level of service. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the transportation circulation element of the city comprehensive plan:

b.

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

1.

The area of impact of the development (a traffic shed) shall be determined. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs.

The determination of an area of impact on a case-by-case basis will require the use of a professional transportation planner or traffic engineer. Such determination is similar to that used for DRI projects. All costs related to traffic studies and reviews including city staff or consultant review shall be paid by developer.

2.

The projected level of service for roads within the traffic shed shall be calculated based upon estimated trips to be generated by the project. Where the development will have access to more than one (1) road the calculations shall show the split in generated traffic and state the assumptions used in the assignment of traffic to each facility.

(4)

Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage sub-element of the city comprehensive plan:

(5)

Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the solid waste as established in the solid waste sub-element of the city comprehensive plan:

(6)

Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the recreation and open space element of the city comprehensive plan:

(7)

Mass transit. (Reserved)