141.01   Exceptions.

(A)

The provisions of this Article shall not affect the validity of any of the following lawfully issued and effective development orders:

(1)

The development activity is authorized by an effective building permit where construction has commenced prior to the effective date of this Code or application for a building permit has been made prior to the effective date of this Code, said permit is granted and does not expire, and the development activity continues without interruption until the development is complete. Extensions to said permit shall not be granted if there is a conflict with any of the provisions of this Article or any other provisions of this Code; or

(2)

The development activity is authorized by an effective site plan approval which has been granted prior to the effective date of this Code and the development activity commences prior to the expiration date of the original site plan approval and continues without interruption until the development is complete. In the event that a site plan approval involves a phased project, the succeeding phases of that site plan shall retain vested status provided that the approval of the original phase does not expire and each subsequent phase continues without interruption until the development is complete.

Unless an alternate phasing plan was approved by the City prior to the effective date of this Code, the vested status of each subsequent phase shall expire one year per phase after the initial approval date; or

(3)

The development activity is authorized as a lawfully approved or constructed subdivision for one- and two-family dwellings. The subdivision shall be considered lawfully approved or constructed if one or more of the following conditions are met:

(a)

The subdivision plat has been legally recorded and the on-site improvements required by the initial approval are either completed or bonded by the effective date of this Code, and

(b)

The site plan or construction drawings have been approved prior to the effective date of this Code and their status remains vested pursuant to the site plan provision of Subsection A.2 of this Section.

(B)

For the purposes of this Section, interruption shall be defined as a cease of construction activity for a period greater than one year or a cease of construction activity not in accordance with an approved Phasing Plan.

(C)

Any development activity excepted from the provision of this Code pursuant to the provisions of this Section shall remain consistent with the previously approved development order. In the event that a major revision to the development order as defined by Section 229.05 of this Code is requested, the development must comply with the provisions of this Article.

(D)

Any development activity excepted from the provisions of this Code pursuant to this Section must meet the requirements of the regulations in effect at the time the development order was approved. If the development order expires for any reason, any further development activity shall occur only in conformance with the requirements of this Article along with all other provisions of this Code.

(Ord. No. 2016-06, § 2, 8-1-2016)

141.02   Certificate of concurrency.

(A)

A valid Certificate of Concurrency shall be required prior to the issuance of any development order. A Certificate of Concurrency shall only be issued where it is determined by the City, in accordance with this Code, that the capacity of those public facilities and services required by the project and necessary to maintain the adopted level of service standards are available when the impact of the development will occur.

(B)

A Certificate of Concurrency shall be issued as follows:

(1)

By the City Commission at the time of Conditional Use, Planned Development, Final Site Plan or Final Subdivision Plat approval, whichever is processed first.

(2)

By the Planning and Zoning Department at the time a Building Permit approval for single-family and two-family dwellings, and at the time of Final Site Plan approval for sub-threshold expansions in accordance with Section 229.03 of this Code.

(3)

The determination shall be in accordance with the requirements of this Article.

(4)

An application for a Certificate of Concurrency shall only be processed along with an application for Conditional Use, Planned Development, Final Site Plan, Final Subdivision Plat or Building Permit review.

(C)

An application for a Certificate of Concurrency shall contain the following minimum information:

(1)

The name of the applicant;

(2)

The type of development being proposed;

(3)

The proposed densities and intensities of use;

(4)

The date of application;

(5)

Proposed phasing, if applicable;

(6)

Estimated potable water demand in terms of gallons per day;

(7)

Estimated sanitary sewer flow in terms of gallons per day;

(8)

Drainage design in accordance with the stormwater management regulations of this Code;

(9)

Estimated solid waste demand in terms of pounds per day;

(10)

Estimated population; if applicable;

(11)

A traffic impact statement, if required by this Article; and

(12)

The appropriate development order application.

(D)

An approved Certificate of Concurrency shall be valid for one year from the date of issuance unless an alternate phasing plan is approved by the City at the time of site plan review. No extensions may be granted.

(E)

Any change to an approved development order which results in a greater impact on one or more of the required public facilities shall require the issuance of a new Certificate of Concurrency from the authority granting the original certificate which follows the procedure for development order approval required by this Code.

(F)

No transfers of capacity shall be allowed from one parcel to another.

(G)

All development orders and development permits issued and approved after the effective date of this Code shall be based upon and in compliance with, the Certificate of Concurrency issued for that development proposal. A development order or development permit shall be in compliance with its underlying Certificate of Concurrency if the impacts associated with that development order or development permit are equal to or less than those stated on the underlying Certificate of Concurrency.

(Ord. No. 2016-06, § 2, 8-1-2016)

141.03   Appeals.

(A)

Any applicant who has been aggrieved by a decision of the City related to the application of a Certificate of Concurrency or administrative interpretation of Section 141.01 relative to excepting a development activity from the terms of this Code for concurrency management may request a review of that decision.

(B)

The request for appeal shall be made within thirty (30) days of the date of the original decision.

(C)

The request for an appeal shall be in writing to the City and shall indicate the following:

(1)

The property involved;

(2)

The owner of record of the property involved;

(3)

The date the original decision was made;

(4)

The file or permit number of the original application;

(5)

The fee required by this Code.

(D)

The request for appeal shall be heard by a Hearing Officer from and assigned by the Florida Department of Administrative Hearings.

(E)

The applicant for appeal shall be required to present substantial competent evidence to the Hearing Officer that establishes the decision relating to the application for a Certificate of Concurrency is not in compliance with this Article and this Code.

(F)

In reviewing the appeal, the Hearing Officer shall represent the public interest consistent with the requirements of Chapter 163, Florida Statutes, shall follow any applicable requirements of the Florida Administrative Code, and shall follow the provisions of this Code or any other applicable City Ordinance.

(G)

In reviewing an appeal of an administrative interpretation of exceptions, the burden of proof shall be on the person alleging entitlement to vested rights to demonstrate affirmatively the legal requisites of vested rights. In addition to the requirements of Subsection (F) above, the Hearing Officer shall also consider the following:

(1)

Whether the person alleging entitlement to vested rights has relied in good faith to his detriment upon some official act or omission of the City of Safety Harbor; and

(2)

Whether the person alleging entitlement to vested rights has made such substantive change in position or incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights he has acquired.

(H)

In conducting administrative hearings, the Hearing Officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents, and receive evidence. The Hearing Officer, in the conduct of such hearings, shall utilize a procedure similar to that set out in Section 120.57(1), Florida Statutes, and Section 120.58, Florida Statutes.

(I)

All orders prepared by the Hearing Officer shall conform to the requirements for such orders as set out in Section 120.59, Florida Statutes. The Hearing Officer shall present the Order of Findings of Fact and Conclusions to the City Commission and City Manager. The decision of the Hearing Officer shall be final.

(Ord. No. 2016-06, § 2, 8-1-2016)

141.04   Annual report.

(A)

An annual report relating to the status of the adopted level of service standards, the status of approved development orders, and the status of the adopted Capital Improvements Element of the Comprehensive Plan shall be presented to the City Commission by the Community Development Department.

(B)

The annual report shall be prepared in conjunction with the next year's fiscal budget adoption process and shall be presented prior to the end of the calendar year.

(C)

The capacity of each public facility shall be based upon the calculations set forth in this Article and account for committed development utilizing a reasonable projection for the progress of each proposal and population growth projections.

(Ord. No. 2016-06, § 2, 8-1-2016)

141.05   Determination of available levels of service.

(A)

For the purposes of this Code the determination of available levels of service shall be made as follows:

(1)

Add together the total capacity of existing facilities and the total capacity of new facilities that will become available concurrent with the impact of development.

(2)

Subtract the demand for the facility evidenced by existing development along with the new demand that will be created by the proposed development along with the new demand anticipated by other presently approved but not completed development orders and presently vested but not completed development orders.

(3)

The total capacity of new facilities may be relied upon only if one or more of the following conditions can be determined:

(a)

Construction of the new facility is underway at the time the development order is issued;

(b)

The new facility is the subject of a binding contract executed for construction at the time the development order is issued;

(c)

The new facility is included in the adopted CIP of the responsible agency at the time the development order is issued;

(d)

The new facility is guaranteed in an enforceable development agreement at the time the development order is issued. An enforceable development agreement shall include, but not be limited to, agreements pursuant to Section 163.3220, Florida Statutes, or orders pursuant to Chapter 380, Florida Statutes; or

(e)

The developer has committed through the development review process to provide the necessary facility improvements.

(B)

Sanitary sewer, solid waste, drainage, and potable water facilities shall be in place and available to serve new development no later than the issuance of a certificate of occupancy or its functional equivalent.

(C)

Parks and recreation facilities shall be in place or under construction no later than one (1) year after the issuance of a certificate of occupancy or its functional equivalent. Park lands shall be dedicated or acquired prior to the issuance of a certificate of occupancy, or funds in the amount of the developer's fair share shall be committed prior to the issuance of a certificate of occupancy or its functional equivalent.

(D)

Project phasing may be required to maintain required levels of service.

(E)

In the event that facilities relied upon to maintain required levels of service are not constructed the City shall re-review the impacts of the affected development orders to determine whether existing Certificates of Concurrency remain valid.

(Ord. No. 2016-06, § 2, 8-1-2016)

141.06   Potable water.

(A)

Sufficient available capacity to maintain the following levels of service shall be demonstrated:

(1)

Minimum design flow - 1997: 125 GPCD

(2)

Minimum design flow by 2005: 120 GPCD

(B)

The estimated water consumption in terms of gallons per day shall be provided.

141.07   Sanitary sewer.

(A)

Sufficient available capacity to maintain the following levels of service shall be demonstrated:

(1)

Minimum design flow: 119 GPCD

(B)

The additional flow shall not exceed the treatment plant design capacity reserved for Safety Harbor at the time a development order is issued.

(C)

The estimated sanitary sewage flow in terms of gallons per day shall be provided.

(D)

The additional flow shall not exceed the flow capacity of transmission lines.

141.08   Drainage.

(A)

The proposed drainage system shall comply with the development standards for drainage required under Section 161.01 of this Code.

141.09   Solid waste.

(A)

Sufficient available capacity to maintain the following level of service shall be demonstrated:

(1)

1.3 tons per year per person

(B)

Compliance with the City hazardous waste ordinance is required where hazardous materials are involved for storage, transport or disposal.

(C)

The estimated solid waste disposal in terms of pounds per day shall be provided.

141.10   Recreation.

(A)

Sufficient available capacity to maintain the following levels of service shall be demonstrated:

(1)

Recreation facilities:

(2)

Parks:

NOTE: Need for mini-parks will be mitigated by the surplus of community park facilities and acreage.

141.11   Transportation.

(A)

The City will continue to use roadway level of service for planning purposes and will review the potential impact on the transportation system for all requests for site plan approval by considering the following:

(1)

Ability of the surrounding existing and planned transportation network to meet the mobility objectives of the Comprehensive Plan;

(2)

Extent to which the request furthers the intent of the Comprehensive Plan to improve mobility.

(Ord. No. 2016-06, § 3, 8-1-2016)

141.12   Traffic impact study.

(A)

All requests for site plan, subdivision, zoning/land use, or conditional use approval which meet one of the following criteria shall prepare and submit a traffic impact study with the application for development approval:

(1)

Residential development of fifty (50) or more units. Residential density for residential living facilities shall be calculated on the basis of 3.0 beds per unit.

(2)

Nonresidential development which totals 20,000 or more gross square feet of floor area.

(3)

All development within one-quarter mile of a State or County maintained roadway which is operating below LOS peak hour C and which generates in excess of 140 vehicle trips per day according to the most recent rates of the ITE Trip Generation Manual.

(B)

The traffic study shall be designed to predict the impact of the proposed development on the transportation network, and shall include, but not be limited to, the following minimum information:

(1)

Estimates of the current traffic volumes utilizing the most recently available Pinellas County Metropolitan Planning Organization (MPO) data.

(2)

Estimates and projections of the average daily traffic using the Metropolitan Planning Organization (MPO) methodology.

(3)

Estimates and projections of the peak hour traffic, effect of increased traffic on the peak hour level of service, and whether the peak hour impact results in the degradation of the adopted level of service for the affected roadway. The Planning Director may require estimates and projections of the peak hour of the traffic generator and corresponding impact where the peak hour of the traffic generator is not the peak hour of the adjoining roadway's traffic.

(4)

Estimates of traffic generation rates utilizing the most recent ITE Trip Generation manual.

(5)

Estimates of the distribution of turning movements per driveway (percentage) and the number of peak hour turning movements per driveway, and estimates of both the directional and total impact on the affected transportation link.

(6)

An assessment of the impact of other approved but not built or completed developments which are within one-quarter (¼) mile of the affected transportation link.

(7)

Tabulation of the additional traffic upon the impacted roadway and provide the appropriate analysis to determine what capacity improvements, if any, are necessary to maintain the required level of service.

(8)

Shopping centers shall include the traffic impact of the assumed outparcel uses in the study.

(9)

The traffic study shall be prepared and signed by a professional traffic engineer.

(C)

Credit shall be allowed for captured vehicle trips in accordance with the latest available capture rates from the Pinellas County Metropolitan Planning Organization (MPO).

(D)

Available options to maintain the required level of service shall include, but not be limited to, the following:

(1)

Physical highway improvements, including transportation link improvements, acceleration/deceleration lanes, intersection improvements, and frontage roads.

(2)

Signal timing improvement and signal removal.

(3)

Access management techniques, including substantial alternative access, shared access, and median controls.

(4)

Transit facility improvements and transit usage initiatives, including van pools and ride sharing.

(5)

The institution of flex time, transportation management associations and scheduled work shifts during off peak hours.

(6)

Density or floor area reductions.

(7)

Enhanced pedestrian and bicycle access.

(8)

The use of traffic calming techniques on local streets.

(Ord. No. 2016-06, § 3, 8-1-2016)

141.13   Transportation management plan requirements and multimodal impact fee.

(A)

All development projects generating new peak hour trips shall be subject to payment of a multimodal impact fee.

(B)

Development projects located within deficient road corridors that generate between 51 and 300 new peak hour trips are required to submit a transportation management plan (TMP) designed to address their impacts while increasing mobility and reducing the demand for single occupant vehicle travel.

(C)

Development projects located within deficient road corridors that generate more than 300 new peak hour trips are required to submit a transportation management plan (TMP) designed to address their impacts while increasing mobility and reducing the demand for single occupant vehicle travel. These development projects may also be required to submit a traffic impact study if the development triggers the impacts noted in Section 141.12.

(D)

Multimodal impact fee assessments may be applied as credit toward the cost of implementing transportation management plan (TMP) improvements.

(E)

Deficient road corridors include parcels, all or a portion of which access a deficient facility as defined below.

(1)

Sole direct access. A condition where the only means of site ingress/egress is directly onto the deficient facility, regardless of the distance of that site from the facility;

(2)

Direct access. A condition in which one or more existing or potential site ingress/egress points makes a direct connection to the deficient facility and the site is within one-half mile of the facility; and

(3)

Sole indirect access. A condition where the only point of site ingress/egress is onto a public non-arterial roadway which makes its first and shortest arterial level connection onto a deficient facility regardless of the distance of that site from the facility.

(F)

Methodology Applied: Determination of trip generation shall be based on the Pinellas County Multimodal Impact Fee Ordinance fee schedules (Pinellas County Land Development Code Section 150) or the latest edition of the Institute of Transportation Engineers Trip Generation Manual.

(Ord. No. 2016-06, § 3, 8-1-2016)

141.14   Transportation Management Plan (TMP).

(A)

Transportation management plans are to be submitted by applicants of development projects that meet Section 141.13. Transportation management plans are required for development applications seeking to utilize transportation management strategies/improvements to address their development impacts. The extent of the strategies/improvements included in an approved transportation management plan in terms of the scale of the project(s) and roadway capacity and/or mobility benefits provided shall be based primarily on the projected impact of the development project on the surrounding traffic circulation system. Specific conditions of the deficient road corridor impacted by the development will also be considered. Transportation management plan strategies/improvements applicable to development projects within deficient road corridors will be determined at the time of site plan review. Should the impacts of the development project impact a road under the jurisdiction of an adjacent local government or FDOT, the identification of appropriate TMP strategies shall be coordinated with the affected jurisdiction(s). Transportation management plans must be developed by the applicant and accepted by the City of Safety Harbor. Transportation management plan strategies/improvements include, but are not limited to those listed below.

(1)

Intensity reduction. The intensity of the proposal may be reduced through an across-the-board reduction of the permitted floor area ratio, as it would otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply.

(2)

Density reduction. The density of the proposal may be decreased by a reduction in the number of units per acre below that which would otherwise normally apply to the proposal.

(3)

Project phasing. A project may be divided into logical phases of development by area, with later phases of the development proposal's approval withheld until the needed facilities are available.

(4)

Outparcel deletion. Those portions of the proposal characterized as outparcels that create separate and unique impacts may be deleted from the total proposal.

(5)

Physical highway improvements. A project may construct link capacity improvements, acceleration/deceleration lanes, intersection improvements or frontage roads.

(6)

Operational improvements (signal). This includes efforts involving signal removal or signal timing improvements.

(7)

Access management strategies. These include access management controls such as the preclusion of a direct connection to a deficient facility, right-in/right-out driveways, alternative driveway locations, reduction of a driveway, single point access, shared access or the implementation of median controls.

(8)

Mass transit initiatives. A project may implement a plan to encourage transit (e.g., employer-issued bus passes). Other mass transit initiatives may include, but are not limited to, direct route subsidies, provision of feeder service or the construction of bus stop amenities, bus pull-off areas and dedication of park and ride parking spaces.

(9)

Demand management/commuter assistance. These include efforts to encourage ride-sharing (e.g., designated parking spaces for carpools, employer-sponsored carpool program, participation in transportation management organization/initiative programs), and to implement flexible work hour and telecommuting programs.

(10)

Bicycle/pedestrian improvements. These would involve structural improvements or construction of a bikeway or sidewalk connecting an existing bikeway/sidewalk network or providing access to a school, park, shopping center, etc. These improvements may also include pedestrian treatments in parking areas, sidewalks connecting developments with adjacent land uses, trail improvements and bicycle rack and on-street bicycle lane installations, and the planting of trees to provide shade canopy along sidewalks.

(11)

Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through intersections quickly. It also includes freeway management systems, such as electronic message signs, and electronic fare payment on public buses that reduce passenger boarding time.

(12)

Livable community site design features. These include, but are not limited to, implementation of pedestrian friendly site design features such as orienting buildings toward the street and parking lots to the side or rear of buildings.

(B)

Transportation management plans seeking to implement strategies that do not involve structural improvements, such as ride-sharing and transit incentive programs, must include a monitoring program to ensure the strategies are carried out in accordance with the plan, as developed by the applicant and accepted by the City of Safety Harbor.

(Ord. No. 2016-06, § 3, 8-1-2016)