The city hereby adopts a concurrency management system to ensure that public facilities and services needed to support development are available concurrent with the impacts of such developments. In determining the availability of services or facilities, a developer may propose, and the city may approve, developments in stages or phases so that facilities and services needed for each phase will be available in accordance with the standards required by (A), (B), (C), and (D) of this section.

A.

Potable water, sanitary sewer, solid waste, and drainage. The following standards shall be met to satisfy the concurrency requirement:

1.

The necessary facilities and services are in place at the time a development permit is issued; or,

2.

A development order permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or,

3.

The necessary facilities are under construction at the time a permit is issued; or,

4.

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of (A)(1), (A)(2) or (A)(3) of this section. 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 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.

B.

Recreation and open space. The city shall satisfy the concurrency requirement by complying with the standards in subparagraphs (A)(1), (A)(2), (A)(3) or (A)(4), or by ensuring that the following standards will be met:

1.

At the time the development order permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities, or the provision of services within one year of the issuance of the development order permit; or,

2.

The necessary facilities and services are guaranteed in an enforceable agreement which requires the commencement of the actual construction of facilities or the provision of services within one year of the issuance of the applicable development order. 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 issued pursuant to F.S. ch. 380.

C.

Transportation. Levels of service standards and generation rates for transportation systems or facilities shall be as follows:

1.

Levels of service for transportation systems or facilities shall be based upon the functional classifications of roadways. Volume and capacity standards used by the Florida Dept. of Transportation shall be used to determine projected impacts. Level of service standards are shown in Table 113-1.

2.

Generation rates for roadways shall use the ITE Trip Generation Manual, most recent version, unless otherwise agreed upon by the planning official and city engineer. Such agreement must be received in writing by the planning official.

D.

Public school facilities. The level of service standard for public school facilities is determined jointly by all statutorily nonexempt local government agencies within Bay County, in consensus with the Bay District School Board. Levels of service and generation rates for public school facilities shall be as follows:

1.

The level of service standard for determination of capacity for public schools shall be as depicted in Table 113-2. The Bay District School Board is responsible for the annual reporting of available FISH capacity.

FISH—Florida Inventory of School Houses

2.

Student generation rates for determination of capacity for public schools shall be as depicted in Table 113-3.

The analysis shall calculate elementary students at 46 percent of the total number of students generated (grades K thru 5); middle school students at 23 percent of the total number of students generated (grades 6 through 8); and high school students at 31 percent of the total number of students generated (grades 9 through 12) by dwelling type.

Student impacts shall be assessed by school family district boundaries.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The availability of public facilities to include all facilities and services listed in section 103-5 shall not fall below the adopted level of service standards of the comprehensive plan and the land development regulations. The following requirements shall prevail specific to the service or facility:

1.

Sanitary sewer, solid waste, potable water supply and facilities, and stormwater systems shall be in place at the time of the issuance of the certificate of occupancy.

2.

The acreage for park space shall be dedicated or be acquired by the city prior to issuance of a certificate of occupancy, or funds in the amount of the developer's fair share shall be committed no later than issuance of the development order.

3.

Transportation facilities needed to serve new development shall be in place or under actual construction within three years after the issuance of the first building permit for uses or structures pertaining to the development that will result in traffic generation. However, for those sites located within the boundary of an adopted mobility plan, the city shall not assess transportation concurrency fair-share fees. In adopted mobility plan districts the city shall assess the adopted mobility fee. This fee shall be paid at the time the development order is issued.

4.

Development located within the Infill/Redevelopment Overlay District shall be exempt from transportation concurrency. Development and redevelopment projects located within the Infill/Redevelopment Overlay District shall address their transportation impacts and mitigation through alternative means. Alternative methods will be examined and considered instead of the typical roadway widening and automatic capacity enhancing improvement projects consistent with the following conditions:

a.

Development/redevelopment within the Infill/Redevelopment Overlay District shall mitigate transportation impacts through mechanisms supporting multi-modal objectives and policies.

b.

Mitigation measure(s) may include, but not be limited to the following:

i.

Participation in a transit pass program for employees, van pooling and/or ride sharing programs;

ii.

Pedestrian improvements;

iii.

Bus shelter/transit stop improvements;

iv.

Bicycle improvements;

v.

Lighting improvements;

vi.

Connectivity improvements;

vii.

Streetscape improvements; and

viii.

Any other measures which increase mobility options and inter-modal connections as may be approved by the city.

Cost estimates will be required from the applicant for the mitigation improvements. Once verified by city staff, these values will be used to determine the mitigating measure(s).

5.

Prior to the issuance of a development order for those uses which contain residential dwelling units, the applicant shall obtain from the Bay District School Board facilities department verification that there is adequate capacity for the proposed development, or that appropriate mitigation has been made or programmed.

a.

The city shall not issue a development order if adequate public school capacity for school-aged children is not available, or is not in place or under construction within three years after the issuance of the development order, or is not mitigated by the developer through a legally binding document. Such determination shall be made by the Bay District School Board's authorized representative.

b.

The city shall consider the Bay District School Board's authorized representative's comments and findings on the availability of adequate school capacity when considering comprehensive plan future land use map amendments and/or zoning change requests where such amendment and/or request increases residential density.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The concurrency review shall compare the available and reserved capacity of the facility or service to the demand projected for the proposed development. The available capacity shall be determined by adding the total of the existing excess capacity and the total future capacity of any proposed construction and/or expansion of facilities. The levels of service of all facilities and services must be sufficient before a certificate of concurrency can be issued.

A.

Certificate of concurrency. A certificate of concurrency shall be required prior to the issuance of any development permit or development order for new construction; or additions over 25,000 square feet for multifamily residential, mixed office/residential or commercial/industrial development; or for certificates of occupancy changing the use of a structure from residential to a mixed office/residential or commercial/residential, office, commercial or industrial use. Applicants for individual single-family and duplex residential development permits will be issued a certificate of concurrency without paying an additional fee.

B.

Terms of the certificate of concurrency. The certificate of concurrency shall indicate the date of issuance and expiration, during which time application must be made for a building permit or development order. The certificate of concurrency shall, in any case, terminate with the expiration of the building permit or development order to which it applies. In the event that a time extension is requested prior to the expiration of the building permit or development order, then the accompanying certificate of concurrency may be renewed upon determination by the city's planning department that the conditions of concurrency will still be met. A development for which a building permit or development order has been issued within the effective period of a certificate of concurrency shall be vested for the purposes of concurrency.

C.

Burden of showing compliance. The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The planning department may require whatever documentation is necessary to make a determination.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

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

A.

Level of service improvements. 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.

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

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Concurrency monitoring system.

1.

The planning department shall establish and maintain a concurrency monitoring system for the purpose of monitoring the status of public facilities and services, and which will be used in the establishment of each report that includes:

i.

Development orders that were issued;

ii.

Projects that were issued a certificate of acceptance;

iii.

Development orders that were approved but not issued due to nonpayment of funds;

iv.

Development orders that expired due to lack of issuance of a building permit or inactivity; and

v.

Development orders that are under review, but not issued, at the time of the report.

2.

The concurrency report will also evaluate each public facility and service indicating:

i.

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

ii.

Available capacity;

iii.

Encumbered capacity;

iv.

Permitted capacity;

v.

Vested capacity;

vi.

A forecast of capacity needs based upon development orders that are under current review, but not issued; and

vii.

Programmed capacity.

3.

As part of the annual update to the capital improvements element, the city shall prepare a report that lists the developments that qualifies as de minimum exceptions to identify all building permits that were exempt from concurrency evaluation.

B.

Concurrency monitoring report. The planning department will prepare the concurrency monitoring report. The planning director will deliver such report to the city manager for presentation to the mayor and city commission. The concurrency monitoring report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12-month period following completion of the report.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)