Adverse trip: A vehicle trip on a segment of a failing transportation facility.

Annual capacity availability report: A report prepared on or by October first of each year specifying, among other things:

(1)

Capacity used for the preceding year;

(2)

Projected capacity demand for the next succeeding year;

(3)

Available capacity for each public facility and service;

(4)

Projected capacity for each public facility and service, including new capacity created through the capital improvements program; and

(5)

Recommendations.

Appeal: A request for a review of an administrative interpretation of any provision of Chapter V, Adequate Public Facilities, or a review of a decision made by any administrative official or board or commission with regard to adequate public facilities or concurrency management.

Applicant: A person who files an application under this article.

Application: Any document submitted by an applicant under Chapter V, Adequate Public Facilities, including, as the case may be, any of the following:

(1)

An application by the applicant to the Department of Growth Management seeking issuance for his/her project of a capacity encumbrance letter;

(2)

The application or procedure by which the applicant under the provisions of the Land Development Code seeks to appeal the denial by the Director of Growth Management or his/her designee of an application for a capacity encumbrance letter;

(3)

An application to be placed on a waiting list for capacity as it becomes available;

(4)

An application for a proportionate fair-share agreement; or

(5)

An application or proposal by the applicant for approval of a mitigation plan for his/her project so that, if approved, a capacity encumbrance letter can be issued.

Area of impacts: The geographical transportation network of roadway segments and intersections on which the proposed project is tested.

Building: Any structure that encloses or covers a space used for sheltering any occupancy.

Building permit: For purposes of this article, a permit which authorizes:

(1)

The construction of a new building; or

(2)

The expansion of a floor area or the increase in the number of dwelling units contained in an existing building; or

(3)

Change in use, shall qualify as a building permit.

Capacity: Refers to the availability of a public service or facility to accommodate users at a maximum level of demand, expressed in an appropriate unit of measure, such as gallons per day or average daily trip ends.

Capacity, available: Capacity which can be encumbered or reserved to future users for a specific public facility or service.

Capacity, permitted: Capacity which has been removed from the reserved or encumbered capacity bank and has been committed to a particular property through issuance of a building permit.

Capacity, encumbered: Capacity which has been removed from the available capacity bank through the issuance of a capacity encumbrance letter.

Capacity encumbrance letter: A letter issued by the county based upon a determination by the Director of Growth Management or his/her designee that adequate capacity for each public service and facility is available and has been encumbered for one hundred eighty (180) days to serve the densities and intensities of development designated on such capacity encumbrance letter.

Capacity information letter: An informational and nonbinding letter for a specific development or property which indicates available capacity for each public facility based upon adopted LOS standards at the time the letter is issued but which does not (i) guarantee capacity in the future, nor (ii) encumber, commit or reserve capacity for any period of time.

Capacity reservation fee: The fee as established by resolution of the board of county commissioners that is required to be paid to the county as a condition of capacity reservation in the amount equivalent to the then applicable transportation impact fees calculated on the basis of the capacity reserved for the term of the certificate of capacity:

(1)

Less any outstanding impact fee credits applicable to the property; and

(2)

Plus any additional impact mitigation fees in lieu of construction of improvements required for the project for which the certificate of capacity is issued.

Capacity, reserved: Capacity which has been removed from the available or encumbered capacity bank and allocated to a particular property through issuance of a certificate of capacity reserving capacity for a period of time specified in such certificate of capacity, which period of time shall not exceed the limits established in this chapter.

Capacity, used: Capacity which is being used by existing residents and development.

Capacity, vested: Capacity which has been withdrawn from the available capacity bank through issuance of a trip-based vesting determination or phasing agreement.

Capacity waiting list: A chronological listing of applicants that have been denied a capacity encumbrance letter and have applied to be put on the capacity waiting list. Applicants on the capacity waiting list shall be offered capacity as it becomes available on a "first come-first served" basis.

Certificate of Capacity: A certificate issued by the county pursuant to the terms and conditions of this article, which constitutes proof that adequate capacity for each required public facility or service exists and has been reserved to serve the densities and intensities of development specified on such certificate and within the time period designated on such certificate. Time periods permitted for certificate of capacitys are specified in this chapter.

CIE: Capital improvements element of the adopted Comprehensive plan required pursuant to F.S. § 163.3177(3)(a), as amended by Chapter 2005-290, Laws of Florida.

CIP: Capital improvements program, a five-year schedule of capital improvements adopted as an amendment to the Comprehensive Plan annually in conjunction with the county budget. The Capital Improvements Program is part of the adopted Capital Improvements Element.

Change of use: For purposes of this article, any proposed change of use, redevelopment or modification of the character, type or intensity of use of an existing building or site.

Concurrency: Growth management concept intended to ensure that the necessary public facilities and services are available and operating at or below the adopted levels of service concurrent with the impacts of development.

Collateral assignee: That person or entity to which a capacity encumbrance letter or certificate of capacity is collaterally assigned in accordance with the terms and conditions of this article as security for a loan encumbering the real property described in, and which is the subject of, either a capacity encumbrance letter or a certificate of capacity.

Concurrency database: Inventory of roadways, intersections, and other public facilities and services subject to concurrency including, but not limited to the most recent available and historical traffic counts and tracking encumbered, reserved, and (where data is available) vested trips; water and sewer facilities capacity and most recent usage data; park and recreation facilities; stormwater facilities capacity and usage; solid waste facility capacity and usage.

Concurrency evaluation: Evaluation by the Growth Management Director of his/her designee based on adopted LOS standards to ensure that public facilities and services needed to support development are available and operating at or below the adopted levels of service concurrent with the impacts of such development as defined in this article.

Concurrency management system (CMS): The adopted procedures and/or process used to assure that public facilities that support development are available "concurrent" with the impact of such development consistent with F.S. Ch. 163.

De Minimis Impact: A de minimis impact is an impact that would not affect more than one percent (1%) of the maximum volume at the adopted level of service of the affected transportation facility as determined by the county. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed one hundred ten percent (110%) of the maximum volume at the adopted level of service of the affected transportation facility; provided however, that an impact of a single family home on an existing lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway. Further, no impact will be de minimis if it would exceed the adopted level-of-service standard of any affected designated hurricane evacuation routes. State law requires that the county shall maintain sufficient records to ensure that the one-hundred-ten-percent criterion is not exceeded. State law requires that the county shall submit annually, with its updated capital improvements element, a summary of the de minimis records. (Reference: F.S. § 163.3180(6)) (Note: The addition of this definition was suggested by the Planning and Zoning Commission. However, the definition was added after the meeting at the Commission's suggestion, and was not reviewed by them. The definition is quoted from F.S. § 163.3180(6),, but the word "county" is substituted for the words "local government".)

Developer's or Development agreement: An agreement entered into between the county and another person or entity associated with the development of land including, but not limited to, agreements associated with development orders issued pursuant to F.S. § 380.06.

Development completion: The time at which all components of a development are completed and a certificate of occupancy or a certificate of completion has been issued for all approved buildings and structures; or the County Engineer has certified the improvements, and the Board of County Commissioners and/or property owners association (as applicable) has accepted the improvements and authorized the recording of the Final Plat for a subdivision.

Development Agreement: An agreement in a standard form provided by the Director of Growth Management and approved for legal sufficiency by the County Attorney subject to review by the Florida Department of Community Affairs pursuant to F.S. § 163.3221, the Florida Local Government Development Agreement Act, as it may be amended from time to time.

DRC: Development Review Committee created pursuant to Section 12.09.00 of the St. Lucie County Land Development Code, as it may be amended from time to time.

Encumbrance period: The period of one hundred twenty (120) days following the date of issuance of a capacity encumbrance letter for which period capacity is encumbered pursuant to such capacity encumbrance letter.

FDOT: The Florida Department of Transportation.

FSUTMS: The Florida Standard Urban Transportation Model Structure is a formal set of modeling steps, procedures, software, file formats, and guidelines established by the Florida Department of Transportation (FDOT) for use in travel demand forecasting throughout the state.

Land Development Code: Those portions of the County Code that the county is obligated to adopt and enforce pursuant to F.S. Ch. 163, which regulate the development and/or use of real property and that are consistent with and implement the adopted Comprehensive Plan pursuant to the requirements of F.S. § 163.3202.

Large Development Projects: Development projects that equal or exceed seventy percent (70%) of the Development of Regional Impact thresholds established by the Treasure Coast Regional Planning Council, and in effect on September 11, 2006.

LOS: Level of service standard, which is the measurement indicating the degree of service provided by, or proposed for, a designated public facility based on the operational characteristics of such facility. Level of service shall indicate the capacity per unit of demand for each public facility or service for which a Level of Service Standard is adopted.

Mitigation plan: A plan or proposal by the applicant for a project by which the applicant proposes to improve or undertake improvements to the public facilities and services to mitigate the impacts of the applicant's project.

PM peak hour peak directional trips: The vehicle trips in the direction of higher travel demand on a road during the evening peak commuting period.

Project: The particular lot, tract of land, project or other development unit for which the applicant files an application under this article.

Project trip: A new vehicle trip that begins or ends within the project and that uses one (1) or more off-site roads, or on-site public roads.

Proportionate Fair Share Agreement: An agreement in a standard form provided by the Director of Growth Management and approved for legal sufficiency by the County Attorney setting forth the terms, dollar amounts, due dates, and such other information as may be required regarding proportionate fair share contributions acceptable to the County and agreed to by applicants as conditions of approval of land development applications. Proportionate Fair Share Agreements will only be used in situations where developer contributions are being made as mitigation for capital improvements that are required to address the impacts of the development, and that are already included in the adopted Comprehensive Plan 5-Year Capital Improvements Program. Proportionate Fair Share Agreements shall not be used to provide funding for any capital improvement that is not already scheduled in the adopted Comprehensive Plan 5-Year Capital Improvements Program, such improvements may be subject to proportionate fair share contributions through the completion of Development Agreements pursuant to F.S. § 163.3321. A proportionate fair share clause may be inserted into a development agreement when the proportionate fair share is to be provided for improvements that are not already in the adopted Comprehensive Plan 5-Year Capital Improvements Program.

Public facilities and services: Those public facilities and services for which level of service (LOS) standards have been established in the adopted Comprehensive Plan, and are recognized in this article, and which include the following:

(1)

Roads;

(2)

Wastewater;

(3)

Stormwater;

(4)

Solid waste;

(5)

Potable water; and

(6)

Parks and recreation; and

(7)

Mass transit.

Reservation period: The length of time for which capacity is reserved pursuant to a capacity reservation certificate.

Roads: Major thoroughfare network.

Roadway segment: A portion of a road defined by two (2) end points, usually the length of road from one (1) signalized intersection to the next signalized intersection.

Subdivision: Any subdivision of land as defined in chapter 30, article III, of the County Code.

Transportation Concurrency: Transportation facilities are deemed to be concurrent when facilities needed to serve new development are in place or under actual construction within three (3) years after the local government approves a building permit or its functional equivalent that results in traffic generation.

Trip end: One (1) end of a vehicle trip.

VMT: Vehicle-mile(s) of travel generated by the project.

Vehicle trip: A vehicle movement in one (1) direction from an origin to a destination.

Vested rights: The right to develop, or continue to develop, a project notwithstanding the project's inconsistency with the county concurrency management system and/or county comprehensive plan, provided a vested rights certificate has been obtained pursuant to Section 11.09.00 of the St. Lucie County Land Development Code and/or a Certificate of Capacity Exemption has been issued pursuant to Section 5.03.03 of this chapter.

The Director of Growth management or his/her designee shall be responsible for carrying out the requirements of Chapter V, Adequate Public Facilities, and shall make determinations regarding concurrency and shall issue all documentation regarding concurrency according to the procedures set forth in Chapter V.

Concurrency determinations shall be made with reference to this Chapter V, and the following professional publications and standards which are incorporated herein by reference:

1.

FDOT Manual of Uniform Traffic Studies, latest edition.

2.

FDOT Quality/Level of Service Handbook, latest edition.

3.

FDOT Project Traffic Forecasting Handbook, latest edition.

4.

FHWA Urban Boundary and Federal Functional Classification Handbook, latest edition.

5.

FDOT Site Impact Analysis Handbook, latest edition.

6.

Institute of Transportation Engineers, Trip Generation, latest edition.

7.

Institute of Transportation Engineers, Transportation and Land Development, 2nd edition.

8.

FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, latest edition.

9.

Federal Highway Administration Manual on Uniform Traffic Control Devices.

10.

FDOT Rule 14-94, Minimum Statewide Level of Service Standards.

In the event of a conflict between standards in the above professional references with one another or with this Code, the more restrictive standard shall apply, unless otherwise determined by a Florida Licensed Professional Engineer with expertise in the field of Transportation Engineering who is on the County staff or who is retained by the County as a consultant.

Any proposed change of use, which term or phrase shall include a change, redevelopment or modification of the character, type or intensity of use, shall require a concurrency evaluation in accordance with the requirements and procedures in Chapter V, Adequate Public Facilities.

A.

Increased impact on public facilities or services.

1.

If a proposed change of use shall have a greater impact on public facilities and/or services than the previous use, a capacity encumbrance letter (and a certificate of capacity, if appropriate) shall be required for the net increase only.

2.

If the proposed change in use has an impact of not more than one percent (1%) of the maximum service volume of an affected transportation facility and does not exceed one hundred ten percent (110%) of the facility's capacity at the adopted LOS, the change of use shall not be denied based on the failure to meet the adopted LOS. If the change of use has a net impact that is not de minimis, then the applicant may make application for a certificate of capacity.

B.

Decreased impact on public facilities and services. If the proposed change of use shall have an impact on public facilities and/or services which is equal to or less than the previous use, then the proposed change, redevelopment or modification of use may proceed without the encumbrance of additional capacity in accordance with the provisions of this article; provided, however, that in connection with such proposed change, redevelopment or modification, all other applicable provisions of the County Code must be met, and the unused capacity shall be returned to the capacity bank for the affected public facility or facilities. There will be no refunds of any mitigation fees or impact fees collected from the applicant/developer/owner or their representatives, heirs, successors or assigns due to the reduction in impacts as a result of a change in use associated with an approved land development project for which a final development order has been issued.

C.

Definition of "previous use." For purposes of this section, the term "previous use" shall mean either:

a.

The use existing on the site when a concurrency evaluation is sought; or

b.

If no active use exists on the site at the time when a concurrency evaluation is sought, then the most recent use on the site within the two-year period immediately prior to the date of application.

The applicant shall provide evidence which establishes the existence of such use. Such evidence must include, but shall not be limited to, utility records, phone bills, income tax returns, tax bills, occupational licenses, and unrelated party affidavits.

In the case of demolition of an existing structure or termination of an existing use in conjunction with plans for redevelopment, the concurrency evaluation for future development shall be based upon the new or proposed land use as compared to the land use existing at the time of such demolition or termination. If the existing or prior land use is one that was exempt from the requirements of Chapter V, Adequate Public Facilities, pursuant to the exemptions permitted in Section 5.03.01 or Section 5.03.02, and the existing use is not located in a designated urban infill or redevelopment area, the concurrency evaluation for future development or redevelopment shall be based on the new or proposed land use with no credit for the existing or prior land use. Credit for prior use shall not be transferable to another parcel. Credit for prior use must be utilized in connection with a redevelopment of the site within two (2) years following the demolition of the existing structure or termination of the existing use, whichever first occurs. Credit for prior use shall be deemed extinguished in the event such credit is not utilized in connection with the issuance of a building permit or a certificate of capacity and development order within two (2) years following the date of issuance of the demolition permit for the subject property, or the termination of the existing use, whichever first occurs.

A.

Applicability of Proportionate Fair Share. The Proportionate Fair-Share Program shall apply to all developments in St. Lucie County that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the St. Lucie County Concurrency Management System (CMS), including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of subsection B., Proportionate Fair Share pursuant to this Section 5.07.00 is only available to create a "pay as you go" program to accelerate the completion of improvements needed to meet transportation concurrency requirements for an affected land development application when the necessary improvements are already programmed in the Five-Year Capital Improvements Program of the adopted St. Lucie County Comprehensive Plan, or when the County agrees to obligate itself to provide the additional needed funding, accept a proportionate fair share contribution, and to add the improvements to the adopted Five-Year Capital Improvements Program in the St. Lucie County Comprehensive Plan at the next available regularly scheduled Five-Year CIP update as part of a legally enforceable Development Agreement, approved in accordance with the procedures established for such agreements by State Law and by this Chapter V, as they may be amended from time to time, or when the county agrees to make one (1) or more improvements to the transportation system in accordance with Section 5.07.00.B.2.b, without any further obligation of county funds. 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 provided in Chapter V of the St. Lucie County Land Development Code, as it may be amended from time to time.

B.

General Requirements for Proportionate Fair Share.

1.

An applicant may choose to satisfy the transportation concurrency requirements of St. Lucie County by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the comprehensive plan, zoning, and applicable land development regulations.

b.

The five-year schedule of capital improvements in the St. Lucie County Comprehensive Plan Capital Improvements Element (CIE) includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the St. Lucie County transportation CMS. The provisions of Section 5.07.00.B(2) may apply if a project or projects needed to satisfy concurrency are not presently contained within the adopted St. Lucie County Comprehensive Plan CIE Five-Year Capital Improvements Program.

2.

St. Lucie County may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, will satisfy the requirements of the St. Lucie County transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or a long-term schedule of capital improvements for an adopted long-term CMS, where the following apply:

a.

The County adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the St. Lucie County Development Review Committee, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1, consistent with the comprehensive plan, and in compliance with the provisions of Chapter V of the St. Lucie County Land Development Code, as they may be amended from time to time. Financial feasibility for this section means that additional contributions, payments or funding sources identified by and acceptable to the county are reasonably anticipated during a period not to exceed ten (10) years to fully mitigate impacts on the transportation facilities.

b.

If the funds allocated for the five-year schedule of capital improvements in the St. Lucie County adopted Comprehensive Plan CIE, CIP, are insufficient to fully fund construction of a transportation improvement required by the CMS, the County may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update.

3.

Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the County for County maintained roadways and those of the FDOT for the state highway system. When improvements are required on an impacted City transportation facility, the design standards of the affected City shall be used for improvements on City maintained roads.

4.

Intergovernmental Coordination: Pursuant to policies in the Intergovernmental Coordination Element of the St. Lucie County adopted comprehensive plan and applicable policies in the adopted plan of the Treasure Coast Regional Planning Council, as they may be amended from time to time, St. Lucie County shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement, or a Memorandum of Understanding may be established with other affected jurisdictions for this purpose, and an appropriate agreement or Memorandum of Understanding may also be established for this purpose with the FDOT.

C.

Application Process.

1.

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of Section 5.07.00.B.

2.

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the FIHS or SIS, then the FDOT will be notified and invited to participate in the pre-application meeting. FDOT will also be notified of impacts on non-SIS/FIHS state roads, and FDOT will be invited to participate in pre-application meetings regarding mitigation on these state facilities as well, unless FDOT declines to participate in these discussions.

3.

Eligible applicants shall submit an application to the St. Lucie County Department of Growth Management that includes an application fee to be established by Resolution of the Board of County Commissioners, which fee shall be periodically updated, and the following:

(a)

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

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

Project description, including type, intensity and amount of development;

(e)

Phasing schedule, if applicable;

(f)

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

(g)

Copy of concurrency application.

4.

The Director of Growth Management, or his/her designee, shall review the application and certify that the application is either complete or incomplete within ten (10) business days. A determination of insufficiency (that the application does not contains all of the necessary information in a form that is professionally acceptable and allows independent review) can be made at any time during the application review. If a finding of insufficiency is made, the time required by the Land Development Code to complete the review shall be tolled until the application is found to be sufficient by the Director of Growth Management or his/her designee. In the case of a serious deficiency, the review time may be reset to the beginning of the maximum mandated review period.

If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection B., then the applicant will be notified in writing of the reasons for such deficiencies within two (2) working days of the date of the determination of incompleteness or insufficiency. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed abandoned. The Director of Growth Management may, in his/her sole discretion, grant an extension of time not to exceed sixty (60) days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. Should the Director of Growth Management, or his/her designee, deny a request for an extension, the denial may be appealed to the Board of County Commissioners using the procedure established in Section 11.11.00 of the St. Lucie County Land Development Code, as it may be amended from time to time.

5.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrence 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.

6.

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 applicant using a standard form published by the Director of Growth Management and approved as to legal sufficiency by the County Attorney and delivered to the Department of Growth Management with the number of copies required for review by the Director of Growth Management or his/her designee, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient application and no fewer than twenty (20) working days prior to the Development Review Committee meeting when the agreement will be considered, whichever occurs first. The proposed agreement shall be processed with the application for approval of a development order, in accordance with the procedure established by the Land Development Code for the type of application being processed. Except that agreements are contracts that must be approved by the Board of County Commissioners, and the agreement must be processed to the Board of County Commissioners for their approval, even though the accompanying development application is otherwise exempt from review by the Board of County Commissioners. Upon a recommendation of approval by the Development Review Committee (DRC), the Growth Management Director will receive the DRC recommendations within three (3) working days of the date of the DRC meeting. The Growth Management Director will cause the preparation of an agenda item, with a staff report and proposed amended agreement that includes any proposed modifications to the Development Agreement recommended by the Development Review Committee, the Growth Management Director, and the County Attorney. The agenda item will be scheduled for hearing by the appropriate hearing body (Planning and Zoning Commission or Board of County Commissioners) based on the next step in the application review process for the application that is supported by the agreement. The proposed agreement will be submitted simultaneously with the agenda item for the consideration of the approval of the project which the agreement supports, except in cases where modifications to a previously approved agreement are being considered with no corresponding amendments to the proposed land development, or the adoption hearing for the agreement following its review by the State Land Planning Agency.

7.

The Director of Growth Management, or his/her designee, shall notify the applicant regarding the dates of the Planning and Zoning Commission and Board of County Commissioners meeting(s) when the agreement will be considered. No proportionate fair-share agreement will be effective until approved by the Board of County Commissioners.

D.

Determining Proportionate Fair-Share Obligation.

1.

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

2.

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 regardless of the method of mitigation. [Note: This language is as provided in F.S. § 163.3180(16)(c)]

3.

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 cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

OR

Proportionate Fair-Share = Σ[[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

Where:

Development Trips;sub\sub; = 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 CMS;

SV Increase;sub\sub; = Service volume increase provided by the eligible improvement to roadway segment "i" per subsection E.;

Cost;sub\sub; = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

4.

For the purposes of determining proportionate fair-share obligations, the Director of Growth Management shall determine improvement costs based upon the actual cost of the improvement as obtained from the Five-Year Capital Improvements Program in the adopted Comprehensive Plan Capital Improvements Element, the MPO/TIP or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one (1) of the following methods:

a.

An analysis by the Director of Growth Management, or his/her designee, of costs by cross section type that incorporates data from recent projects and is updated annually and based upon actual cost data supplied by the Director of Public Works, or his/her designee. In order to accommodate increases in construction material costs, project costs shall be adjusted by the inflation factor currently in use by the Florida Department of Transportation, unless the County Engineer or Director of Public Works prescribe a different inflation factor; or

b.

The most recent issue of FDOT Transportation Costs, (incorporated herein by reference) as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District.

5.

If the County Engineer has accepted and approved an improvement project proposed by the applicant, then the value of the improvement shall be determined using one (1) of the methods provided in this section, unless the applicant's engineer has presented a signed and sealed cost estimate for the proposed construction, which cost estimate has been reviewed and approved by the County Engineer, which approved cost estimate (including any necessary adjustments for inflation) shall then be the basis for determining the value of the improvement.

6.

If St. Lucie County has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at one hundred twenty percent (120%) of the most recent assessed value by the County property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the St. Lucie County Right-of-Way Acquisition Program staff and at no expense to St. Lucie County. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the Director of Growth Management, or his/her designee, at no expense to the St. Lucie County. If the estimated value of the right-of-way dedication proposed by the applicant is less than the County estimated total proportionate fair-share obligation for that development, then the applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. The applicant shall provide the County Engineer with a Phase I environmental assessment of the right-of-way proposed to be dedicated to the county. The right-of-way shall not be accepted until the County Engineer approves the Phase I environmental assessment, and reports that the property is suitable for use as county right-of-way.

E.

Impact Fee Credit for Proportionate Fair-Share Mitigation.

1.

Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance.

2.

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 per the Proportionate Fair-Share Agreement as they become due per the St. Lucie County Impact Fee Ordinance, as it may be amended from time to time. 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 shall also pay the remaining impact fee amount to St. Lucie County pursuant to the requirements of the St. Lucie County impact fee ordinance.

3.

Major projects not included within the local government's impact fee ordinance or created under Section 5.07.00.B(2)(a) and (b) which can demonstrate a significant benefit to the impacted transportation system may be eligible at the local government's discretion for impact fee credits.

4.

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 may only be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of Section 5.07.00.B(2)b.

F.

Proportionate Fair-Share Agreements.

1.

Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall be entitled to receive a St. Lucie County Letter of Capacity Reservation, and upon project approval and issuance of a Development Order, the applicant shall receive a Certificate of Capacity from the Director of Growth Management, or his/her designee. Except as otherwise provided in Section 5.08.04.B of this Chapter, as it may be amended from time to time, should the applicant fail to apply for a building permit within thirty-six (36) months of the execution of the Agreement, or obtain an extension of the thirty-six-month time period as provided in the St. Lucie County Land Development Code, except for subdivisions, the Certificate of Capacity shall be considered null and void, and the applicant shall be required to reapply. For subdivisions, the Certificate of Capacity shall be vested once site work is commenced and major subdivision improvements are lawfully installed or under construction, or when required improvements are secured by a developer's unexpired financial guarantee in accordance with this Land Development Code and the plat is recorded. This section shall not waive any other requirements of Chapter V for new concurrency tests that developers may be obligated to provide as a result of the passage of time. Should a subdivision project be abandoned, so no improvements are made for a three-year period of time in the construction of necessary subdivision infrastructure, and the subdivision development order is expired, then the Certificate of Capacity for the subdivision shall also expire. In cases where an applicant has consistently and reasonably pursued construction and issuance of a building permit has been delayed as a result of an act of God (such as a hurricane or tornado), or by delays in issuance of state or federal agency permits that are not the result of actions of the applicant, the applicant may submit by letter to the Director of Growth Management a request for a twelve-month extension of the expiration date of the thirty-six-month Certificate of Capacity. The Director of Growth Management or his/her designee shall require substantiation of the applicant's efforts to diligently and without unreasonable delay pursue permitting and construction, and shall submit the documentation along with staff recommendations to the Board of County Commissioners for their consideration for approval, approval with conditions, or denial of the requested extension. The Director of Growth Management or his/her designee shall confer with other departments and state and federal agencies as necessary to develop a complete and well-documented report to the Board of County Commissioners.

2.

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable, unless a development order is abandoned following approval of an applicant's formal request to rescind approval of the applicant's preliminary or final development order, or the application expires, or the development order expires and the funds paid for the proportionate fair share contribution, including any impact fee credits, have not been used for their intended purpose, and no development has occurred on the applicant's proposed development site. When a development is abandoned, as noted in the previous sentence, impact fees may be refunded in accordance with the provisions of the County Impact Fee Code regarding refunds of impact fees, and additional impact mitigation may be refunded following approval by the County of the requested abandonment, or expiration of a development order under the conditions listed in the previous sentence. If the payment is submitted more than twelve (12) months from the date of execution of the Agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Section 5.07.00.D, and adjusted accordingly.

3.

All developer improvements authorized under this ordinance must be funded prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed, or fully funded and scheduled for construction within the Five-Year Capital Improvements Program in the adopted Comprehensive Plan, before issuance of building permits or certificates of occupancy, as appropriate based upon other provisions of this Land Development Code.

4.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

5.

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

6.

Applicants may submit a letter to the Director of Growth Management 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 to St. Lucie County will be non refundable.

7.

St. Lucie County may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

8.

No Proportionate Fair-Share Agreement or Development Agreement shall be amended by the applicant, or by any agency, except by application by the applicant, or by a government agency desiring an amendment, to the Director of Growth Management to amend the Agreement, which application shall be reviewed by the Development Review Committee created by Section 12.09.00 of the St. Lucie County Land Development Code, and which application shall be properly noticed and heard by the Planning and Zoning Commission and the Board of County Commissioners through the same process established by the St. Lucie County Land Development Code for amendment of the application with which the Development Agreement is associated. Government agencies desiring an amendment may submit their proposals under cover of a memorandum, if the agency is a county agency, or a letter of request, if the agency is not a county agency, with appropriate supporting analysis, conclusions, options, and recommendations.

Independent negotiations of changes in Proportionate Fair-Share Agreements or Development Agreements with individual agencies outside of the process established in this Section 5.06.02.C, are hereby prohibited. Such Agreements shall not be amended by other agreements required, authorized, or otherwise permitted by state law and this Code. Reviewing agencies are required to address their concerns through the interagency review processes established by the St. Lucie County Land Development Code for review by the Development Review Committee, and shall not postpone their participation to a time after the development proposal is approved. The Director of Growth Management shall determine whether an amendment to a Proportionate Fair-Share Agreement or a Development Agreement is a Minor Amendment or a Major Amendment. Changes to approved development standards not specifically classified by the St. Lucie County Land Development Code as Minor Amendments; changes to any list of permitted land uses, buffering, or minimum building separation; and changes to the amount of developer contributions and mitigation of impacts, and any proposed change not classified by the Director of Growth Management as a minor amendment, shall not be considered Minor Amendments, and shall not be processed as Minor Amendments. The County Attorney shall review all proposed amended Proportionate Fair-Share Agreements and all proposed amended Development Agreements for legal sufficiency, and ensure that they are legally enforceable before they are presented to the Board of County Commissioners for approval. Separate agreements that are not titled Proportionate Fair-Share Agreements or Development Agreements shall not be inconsistent with the approved Proportionate Fair-Share Agreement and Development Agreement, and shall not be used to amend an approved Proportionate Fair Share Agreement or Development Agreement outside of the process herein established.

G.

Appropriation of Fair-Share Revenues.

1.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the St. Lucie County adopted Comprehensive Plan CIE, CIP, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the local government, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as a local match for funding under the FDOT TRIP or any other eligible FDOT program.

2.

In the event a scheduled facility improvement is removed from the Five-Year Capital Improvements Program in the adopted Comprehensive Plan Capital Improvements Element, then 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 pursuant to the requirements of Section 5.07.00.B.2.b.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, then St. Lucie County may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by St. Lucie County through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

3.

In order to protect the public health, safety, and welfare, and to provide for the convenience of the traveling public at least cost, an owner/developer may be required to construct a transportation facility that is not budgeted in the Five-Year Capital Improvements Program in the adopted Comprehensive Plan at a cost more than the Owner/Developer's proportionate fair-share, or the Owner/Developer and the County may enter into a legally enforceable development agreement that requires the Owner-Developer to advance funds to pay the costs of improvements covered by the Agreement in amounts greater than the Owner/Developer's proportionate fair-share. In the instance where the developer's contribution results in full funding of the project, the project will be placed in the first three (3) years of the County's five-year CIP. In the instance where the project is dependent upon funds that are not yet available (such as grants or a yet-to-be-created special district), the project will be placed in year four (4) or five (5) of the five-year CIP. In these cases where an Owner/Developer is subject to the proportionate fair-share formula, but due to a lack of other funding sources must contribute an amount in excess of the Owner/Developer's proportionate fair share for new facilities, or critical improvements to existing facilities, St. Lucie County shall reimburse the excess contribution to the Owner/Developer using one (1) or more of the following methods:

a.

An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned or reassigned under the terms and conditions acceptable to St. Lucie County; or

b.

An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate fair-share payments from future applicants on the facility, proportionate share costs due from other developments impacting the new or improved facility will be calculated based on the capacity available before the improvements were made; or

c.

The county may compensate the applicant for the excess contribution through payment, including impact fee reimbursement, or some combination of means acceptable to the county and the applicant, and included in a Proportionate Fair-Share Agreement, or Development Agreement.

In the case of conflict between this Chapter and any other County ordinance, code or regulation, the provisions of this Chapter shall govern; provided, however, that development rights pursuant to a Vested Rights Special Use Permit shall be governed by the regulations authorizing issuance of such permits.

This Chapter is needed:

A.

To implement the goals, objectives, and policies including the level of service standards in the St. Lucie County Comprehensive Plan that necessary public facilities and services be available concurrent with the impacts of development.

B.

To ensure that Development Orders and permits will be issued in a manner which will not result in a reduction of the level of service below the adopted level of service standards in the St. Lucie County Comprehensive Plan, as it may be amended from time to time.

C.

To adhere to and implement the Schedule of Capital Improvements in the St. Lucie County Comprehensive Plan and other capital improvements as necessary to maintain the level of service standards in this Code.

D.

To adopt reasonable land development regulations in furtherance of the public benefit while at the same time ensuring that property owners have a reasonable, beneficial, and economic use of property.

A.

The standards and requirements of this Chapter for transportation facilities are necessary for the safety of the public because the number of accidents resulting in property damage and injury increases as the congestion increases on roads, and that the fire, rescue, and law enforcement response times and disaster evacuation times increase as congestion increases on roads.

B.

The standards and requirements of this Chapter for potable water, sanitary sewer, solid waste, and stormwater management facilities are necessary for the health, safety and welfare of the citizens of St. Lucie County and the protection of the environment and natural resources of St. Lucie County.

C.

The standards and requirements of this Chapter for park facilities are necessary for the health, safety, welfare and enjoyment of the citizens of St. Lucie County.

D.

F.S. § 163.3161 et seq., establishes the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter "the Act").

E.

The Act mandates that each local government in the State of Florida adopt a Comprehensive Plan to guide and control future development, and authorizes and requires the adoption of land development regulations.

F.

The Board of County Commissioners of St. Lucie County, pursuant to the Act, F.S. Ch. 125, and Ch. 75-390, Laws of Fla., as amended, adopted St. Lucie County Ordinance No. 90-1, adopting a revised Comprehensive Plan for St. Lucie County, which plan was amended on March 5, 2002 by Ordinance 02-008 and January 6, 2004 pursuant to a compliance agreement.

G.

F.S. § 163.3177(10)(h), provides that public facilities and services needed to support development must be available concurrent with the impacts of such development.

H.

F.S. § 163.3202(2)(g), also provides that not later than one (1) year after its due date established by the State land planning agency's rule for submission of local Comprehensive Plans, a local government shall not issue a Development Order or permit which results in a reduction in the level of service for the affected public facilities below the level of service provided in the Comprehensive Plan.

I.

Rule 9J-5.00055(2), Florida Administrative Code (F.A.C.) requires that a concurrency management system must be implemented after adoption of a Comprehensive Plan to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development.

J.

F.S. § 163.3180, as amended by Chapter 2005-290, Laws of Florida, with new requirements for concurrency management requiring local governments to, among other things, adopt a transportation concurrency management system by ordinance and create a proportionate fair-share impact mitigation provision.

K.

The adopted St. Lucie County Comprehensive plan requires owner/developers to enter into a development agreement with the county that "specifies that new development will provide for the upgraded facility" (Capital Improvements Element Policy 11.1.1.12, B); and provides further that "The County will allocate the costs of new public facilities on the basis of the benefits received by existing and future residents so that current residents will not subsidize new development" (Capital Improvements Element Policy 11.1.2.3); provides further that "Future development shall pay for one hundred percent (100%) of the capital improvements needed to address the impact of such development" (Capital Improvements Element 11.1.2.4); and provides that "Future development shall not pay impact fees for the portion of any capital improvements that reduces or eliminates existing deficiencies' (Capital Improvements Element Policy 11.1.2.4). The adopted St. Lucie County Comprehensive Plan is not inconsistent with current state law requirements regarding concurrency management, and does not prohibit proportionate fair share contributions as required by law. Proportionate fair-share is a method of "providing for" upgraded facilities or payment of one hundred percent (100%) of the capital improvements needed to address the impacts attributed to a development as determined through a proportionate share calculation in accordance with this Chapter V, as it may be amended from time to time.

The adopted comprehensive plan shall be interpreted and applied in a manner consistent with state law.

L.

This ordinance is consistent with the adopted comprehensive plan.

A.

The Board of County Commissioners of St. Lucie County, Florida, has the authority to adopt these regulations pursuant to Article VIII, Section 1(f), Fla. Const., Section 125.01 et. seq., F.S. § 163.3161 et seq., and Rule 9J-5, F.A.C.

B.

These regulations shall apply to all development in the total unincorporated area of St. Lucie County, Florida.

The following shall be exempt from the provisions of this Chapter:

A.

A Final Development Order issued on or before August 1, 1990, if:

1.

The construction authorized by the Final Development Order has lawfully commenced before the Development Order expires according to its terms; and

2.

The construction continues lawfully, without interruption and in good faith until it is complete. If the Final Development Order expires, any further development shall be in conformance with the requirements of this Chapter and all laws in effect at that time.

3.

The commencement of development of any phase of a phased development within three (3) years of the date of issuance of the Certificate of Capacity for that phase. The commencement of the development of a phase of any development more than three (3) years after the date of issuance of the Certificate of Capacity approving the phase shall require an application for a new Certificate of Capacity and a new Concurrency Test. Mitigation of all concurrency deficiencies associated with the commencement of the phase which is the subject of the new Certificate of Capacity application shall be required as herein provided.

4.

There is proof that:

a.

Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial change in position. The development of all or part of the infrastructure of the project or phase, or the clearing of land, creation of a building pad, and full or substantial installation of underground improvements or building foundations shall be prima facie evidence that extensive obligations and expenses have occurred; and

b.

Such obligations, expenses and change in position were lawfully permitted and undertaken by the property owner in good faith reliance on the actions taken by the county; and

c.

It would not be equitable to deny the property owner the opportunity to complete the project based on the project's effects on the levels of service as adopted by the comprehensive plan and implemented through the county concurrency management system.

B.

A Development Order for a Development of Regional Impact adopted on or before August 1, 1990, unless the Development Order:

1.

expressly states otherwise;

2.

expires according to its terms;

3.

has not expired according to its terms and construction authorized by the Development Order has not commenced within five (5) years of the adoption date of the Development Order;

4.

fails to address the provision of any public facility, in which event the provisions of the Comprehensive Plan and this Code, as amended shall apply only to that issue that was not addressed, but shall not apply to other issues specifically addressed in the Development Order;

5.

is amended to create a substantial deviation as defined by F.S. § 380.06; or

6.

is invalidated in whole or in part.

C.

Development that is vested pursuant to Section 11.09.00, except that adequate public facilities concurrency management for vested phased development shall either be in effect or expired pursuant to Section 5.03.01.A.3 herein.

D.

Construction of public facilities that are identified in the Capital Improvement Element of the St. Lucie County Comprehensive Plan and are required in order to achieve level of service standards for those facilities identified in Section 5.03.00; and public schools are exempt until such time as a countywide school concurrency management system is adopted and in effect as required by law.

E.

Construction of public facilities that are identified in the Capital Improvement Element of the St. Lucie County Comprehensive Plan other than those public facilities that are exempt pursuant to subsection D. above and which need to be constructed because of an emergency as determined by the Board of County Commissioners.

F.

An alteration or expansion of development that does not create additional impact on public facilities.

G.

The construction of accessory buildings and structures that do not create additional impact on public facilities.

H.

The replacement of an existing dwelling unit when no additional dwelling units are created.

I.

Building permit applications for a single family residence on a Lot of Record recorded on or before January 9, 1990.

J.

Expansions that were disclosed by the applicant and subject to a concurrency test as part of the original application, except that adequate public facilities concurrency management for phased development shall be determined in accordance with Section 5.03.01 herein.

K.

Unexpired Building permit issued prior to August 1, 1990. Development pursuant to a building permit issued prior to August 1, 1990, is vested pursuant to the provisions of Section 11.09.00 of the St. Lucie County Land Development Code as it may be amended from time to time. No such building permit shall be extended except in conformance with the applicable provisions of the County Code. If the Director of Growth Management or his/her designee, or the St. Lucie County Building Official, determines such a building permit has lapsed or expired pursuant to the appropriate provision of the County Code or the Florida Building Code, then no subsequent building permit shall be issued except in accordance with Chapter V, Adequate Public Facilities.

A.

The following types of permits are hereby determined to be exempt from the requirements of Chapter V, Adequate Public Facilities, because they do not create additional impacts on public facilities or services:

Boat dock permit for a single family home, townhouse, or duplex

Electrical permit

Fence permit

Fire service permit

Floodplain permit

Mechanical permits (air conditioning, heating, ventilation)

Moving of structures (only applies to the permit issued for designating the route of the move)

Plumbing permit

Right-of-way utilization permit for projects that have received a certificate of capacity, or are exempt

Roofing or sheet metal permit

Shoreline alteration permit

Sign permit

Tree removal permit

Underground utilities permit

Wetland alteration permit

B.

Additionally, the following shall be exempt from the requirements of Chapter V, Adequate Public Facilities if, on a case-by-case basis, the Director of Growth Management or his/her designee determines that the proposed development or activity will not create additional impacts on public facilities or services, based upon a review of substantial and competent evidence:

1.

Variances to dimensional standards that do not result in an increased density or intensity of land use.

2.

Special exceptions which will be evaluated for adequate public facilities and services requirements at the time of subdivision or site plan application review.

3.

Residential interior alterations that do not create a new dwelling unit and that are not easily convertible into a new additional dwelling unit.

4.

Nonresidential interior alterations not connected with a change in the type of land use.

5.

Additions or expansions to a dwelling unit on residential property provided such additions or expansions do not increase the number of dwelling units in the particular building or buildings on such property, and are not easily convertible into one (1) or more additional dwelling units.

6.

Such other permit, development or activity, which the Growth Management Director or his/her designee determines, on a case-by-case basis, will not create additional impacts on public facilities or services.

A.

Purpose. The purpose of this subsection is to provide for a formal and final agency decision for persons who are in doubt as to the exempt status of a proposed development, or who simply desire documentation of exempt statute, for persons who believe the transportation facility impacts of proposed development are de minimis, and for persons who have been informed that a Certificate of Capacity is required and who believe their proposed development is exempt.

B.

Authority to Grant Certificate of Capacity Exemptions. Upon determining that the development that is the subject of an application for a Certificate of Capacity Exemption meets one (1) or more of the criteria set out above, the Growth Management Director, or his/her designee, is hereby authorized to issue a Certificate of Capacity Exemption.

C.

Application for Certificate of Capacity Exemption. Any person seeking an exemption from the terms of this Chapter shall submit to Director of Growth Management substantial competent evidence to demonstrate entitlement to the exemption. The appropriate, valid, unexpired Development Order or application identified in an exemption provision shall, in and of itself, constitute substantial competent evidence to demonstrate entitlement to the applicable exemption. Written verification of such Development Order, application or other evidence shall be made or obtained by the Director of Growth Management.

D.

Standard for Issuance of a Certificate of Capacity Exemption. If the evidence meets the applicable exemption requirements and is verified, the Certificate of Capacity Exemption shall be granted by the Director of Growth Management.

A.

In order to monitor the cumulative effect on the capacity of public facilities, a Concurrency Test shall be performed for the following Development Orders that shall, if authorized by this chapter, receive a Certificate of Capacity Exemption regardless of the results of the Concurrency Test:

1.

Building permit applications for a single family residence on a Lot of Record recorded on or before January 9, 1990. The impact of a single family home on an existing lot created on or before January 9, 1990, shall be counted as a de minimis impact on all roadways regardless of the level of deficiency of the impacted roadways. These de minimis impacts shall be accumulated in the de minimis impact tracking system, and reported annually to the State Land Planning Agency in the required de minimis impact report. (Reference: F.S. § 163.3180(6), as amended by Section 5, Ch. 2005-290, Laws of Florida)

2.

Development that is determined to be vested pursuant to Section 11.09.00, except that the exemption of phased development shall be determined in accordance with Section 5.03.01.A.3, herein.

3.

Development impacts that are determined to be de minimis pursuant to F.S. § 163.3180(6), as it may be amended from time to time. All de minimis impacts will be monitored in a de minimis impact accounting system maintained by the Department of Growth Management. The cumulative impacts of de minimis impacts permitted on all transportation facilities shall be sent annually in a report to the Department of Community Affairs, which report shall show all de minimis impacts permitted on an affected facility, existing and committed traffic impacts on each affected facility, the maximum service volume at the adopted level of service for each affected facility, and the cumulative traffic impacts expressed as a percentage of the maximum service volume at the adopted level of service for each affected facility. When the cumulative de minimis impacts exceed one hundred ten percent (110%) of the maximum service volume at the adopted level of service on an affected transportation facility, then the applicant may make application for a certificate of capacity and either demonstrate that adequate capacity is available through a professionally acceptable traffic engineering study approved by the county, or provide the required mitigation.

B.

In order to determine the impact and potential cumulative effect on the capacity of public facilities, a Concurrency Test shall be performed for the following Development Orders which shall receive a Certificate of Capacity Exemption if the Concurrency Test determines that:

1.

An alteration or expansion of development, other than an extension of the Development Order, does not create additional impact on public facilities; or,

2.

The construction of accessory buildings and structures do not create additional impact on public facilities; or,

3.

The replacement of an existing dwelling unit where no additional dwelling unit is created; or,

4.

The building permit for the replacement of an existing non-residential use, which use was approved and subject to Concurrency Management requirements after August 9, 1990, within a time frame of twenty-four (24) months from the demolition of the structure(s) that does not create additional impact on public facilities. Replacement of an existing non-residential use that was approved on or before August 9, 1990, shall require approval of an application for a Certificate of Concurrency subject to all of the requirements herein.

For the purpose of issuing a Certificate of Capacity, the level of service standard for roads, potable water facilities, sanitary sewerage facilities, solid waste facilities, stormwater management facilities, park and recreation facilities and mass transit facilities shall not be less than that level set in the St. Lucie County Comprehensive Plan. The Level of Service Standards which will be utilized to determine the availability of capacity for each public facility are as follows:

A.

Roads and Intersections: For roads that are on the Strategic Intermodal System (SIS) designated in accordance with F.S. §§ 339.61, 339.62, 339.63 and 339.64, as they may be amended from time to time the Level of Service Standard shall be the standard adopted by the Florida Department of Transportation by rule (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida);

For roads on the Florida Intrastate Highway System (FIHS) as defined in F.S. § 338.001, as it may be amended from time to time, the Level of Service Standard shall be the standard established by the Florida Department of Transportation (FDOT) by rule (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida);

For roads funded in accordance with F.S. § 339.2819, "Transportation Regional Incentive Program" (TRIP) created by Section 12, Ch. 2005-290, Laws of Florida, the Level of Service Standard shall be the standard that is adopted by rule by the Florida Department of Transportation (FDOT) (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida);

For all other roads on the State Highway System, the Level of Service Standard shall be the standard in the Transportation Element of the adopted Comprehensive Plan of the local government jurisdiction within which the road link or intersection is located. In the unincorporated area of St. Lucie County, roads on the State Highway System that are not on the SIS, FIHS, or TRIP, and that do not have a level of service in the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time, shall be evaluated for concurrency management purposes to ensure that traffic does not exceed the maximum service volume for the affected link or intersection at Level of Service E (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida);

For state and local roads and intersections in incorporated municipalities and for roads in other counties that are impacted by development approved in the unincorporated area of St. Lucie County, and that are not on the SIS, FIHS, or TRIP, the Level of Service will be maintained in accordance with the more restrictive of the standards in the affected local government's adopted Comprehensive Plan, or adopted Concurrency Management System. To the extent possible, St. Lucie County will work with the TPO, the City of Fort Pierce, the City of Port St. Lucie, the Town of St. Lucie Village, and adjacent local governments to create memoranda of understanding and/or interlocal agreements to facilitate communication, coordination, and effective implementation of transportation concurrency management (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida);

For county maintained roads and intersections within unincorporated St. Lucie County, the Level of Service Standard shall be the standard adopted in the Transportation Element of the St. Lucie County Comprehensive Plan, as it may be amended from time to time. For roads and intersections having a Level of Service Standard adopted by the Transportation Planning Organization that is different from the Level of Service Standard in the adopted St. Lucie County Comprehensive Plan, the more restrictive Level of Service Standard shall apply. For arterial and collector roads that have no Level of Service Standard in either the Transportation Element of the adopted St. Lucie County Comprehensive Plan, or the adopted Transportation Planning Organization Long Range Transportation Plan, the Level of Service Standard for concurrency management evaluations shall be LOS E (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida);

Developments that proposed privately owned/maintained arterial or collector roads shall be evaluated for the functionality and safety of those roads, which shall be required to operate at a Level of Service Standard no lower than LOS E. The extension of public right-of-way, roads, multipurpose trails, or other public transportation systems through a development project shall not be interrupted by the insertion within the public system of one (1) or more privately owned or maintained links.

Before determining the maximum service volume permitted on a road link, the link will be classified in accordance with FDOT criteria as rural, transitional, or urban, except that for roads that are not on the SIS, FIHS, or TRIP proposed or committed development may be considered by the Growth Management Director using the proposed site plan and road cross sections and the latest US Census housing vacancy rates and average household size to determine whether or not an affected road link should be classified rural, transitional, or urban. The capacity of intersections shall be determined in accordance with the procedures published in the latest edition of the Highway Capacity Manual. In the event of a dispute the Growth Management Director shall make the final determination. The only remedy available to an aggrieved party is to first confer with the Growth Management Director, and if the disagreement persists appeal the decision of the Growth Management Director as provided in Section 11.11.00 of the St. Lucie County Land Development Code, as it may be amended from time to time (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida).

B.

Drainage: Stormwater management systems shall not be designed or built so as to be inconsistent with the standards in Capital Improvements Element, Policy 11.1.1.14, St. Lucie County Comprehensive Plan, nor with the below standards:

1.

No land development will be designed or constructed in a manner that is not consistent with the adopted standards of the South Florida Water Management District, and of the Water Control District having jurisdiction over the development's discharge.

2.

For residential and nonresidential subdivisions, the building pads shall be elevated above the one-hundred-year, seventy-two-hour, zero discharge storm event; and the outside edge of the traffic lanes of local streets will be set no lower than the ten-year, twenty-four-hour storm event; and stormwater retention/detention facilities shall be designed with no less than a twenty-five-year, seventy-two-hour storm event.

3.

Development plans shall be evaluated to determine that the adjacent properties are not flooded as a result of proposed development, and that the design-storm capacity of conveyance systems through the proposed development site and off-site are not exceeded.

4.

Specific Facility Design Storms:

a.

Bridges: One-hundred-year, twenty-four-hour.

b.

Canals, ditches or culverts for drainage external to a proposed development: Twenty-five-year, twenty-four-hour.

c.

Cross drains, storm sewers: Ten-year, twenty-four-hour.

d.

Roadside swales for drainage internal to the development: Ten-year, twenty-four-hour.

e.

Detention basins: Twenty-five-year, seventy-two-hour

f.

Retention basins (no positive outfall): One-hundred-year, twenty-four-hour

5.

Prior to the approval of a final development order by St. Lucie County, applicants shall be required to submit to the Director of Growth Management, or his/her designee, copies of applications for appropriate permits from state agencies to comply with the rules and regulations for stormwater facility design, performance and discharge.

6.

Prior to approval of constructible site engineering plans, projects shall be required to submit to the County Engineer, or his/her designee, appropriate permits from state agencies to comply with the rules and regulations for stormwater facility design, performance and discharge.

C.

Potable Water: Water well and treatment capacity availability are to be defined by potable water service provider or through the issued individual well permit, and shall not be inconsistent with Capital Improvements Element, Policy 11.1.1.15, of the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time.

In the unincorporated area of St. Lucie County, the standard for level of service for Category A Public Facilities, County Potable Water Systems, shall not be less than one hundred ten (110) gallons per capita per day, and shall be consistent with the higher of the actual peak period demand reported by the South Florida Water Management District or by the water supplier based on the latest and best available data, information, and analysis at the time the application for approval of a land development project is received by the county. Required fire flow shall be added for the purpose of designing water distribution and pumping systems within the unincorporated area. Fire flow requirements shall be established by the St. Lucie County Fire District, and water systems shall be required to demonstrate adequate fire flow by providing such flow tests and other engineering documentation as the Fire District may prescribe. No Development Order or Development Permit shall be issued for any application that is subject to review pursuant to the requirements of this Chapter V, unless the St. Lucie County Fire District approves the application for the provision of adequate fire flow, or for an alternative means acceptable to the Fire District for providing fire protection.

The provider of water service shall certify by letter that the necessary facilities and treatment capacity are available to the site of a proposed development no later than the date of issuance of a Certificate of Occupancy or its functional equivalent. (Reference, F.S. § 163.3180(2)(a), as amended by Chapter 2005-290, Laws of Florida).

D.

Sanitary Sewer: Plant treatment capacity availability is to be defined by sanitary sewer service provider or through the issued septic tank permit - Capital Improvements Element, Policy 11.1.1.18, of the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time. The provider shall certify by letter that the necessary facilities and treatment capacity are available to the site of a proposed development no later than the date of issuance of a Certificate of Occupancy or its functional equivalent. (Reference, F.S. § 163.3180(2)(a), as amended by Chapter 2005-290, Laws of Florida).

Demand for sewage treatment for concurrency management capacity calculations and system design shall not be less than one hundred thirty (130) gallons per day per capita.

E.

Solid Waste: The Levels of Service for solid waste facilities are:

1.

Nine and thirty-one hundredths (9.31) pounds of solid waste per capita per day available delivery and storage capacity to the County Landfill;

2.

Seven (7) years of permitted landfill disposal capacity when current fill rates are used to obtain the necessary disposal capacity to accommodate existing, committed, and proposed development;

3.

Thirty (30) years of landfill raw land capacity when current fill rates are applied to obtain the cumulative thirty-year capacity required to accommodate existing, committed, and proposed development.

(Reference: St. Lucie County Comprehensive Plan, Capital Improvements Element, Policy 11.1.1.7)

Pursuant to the requirement of the adopted St. Lucie County Comprehensive Plan, Capital Improvements Element Policy 11.1.1.27, the County shall continue to require new development to meet level of service standards for both on and off-site improvements, including local streets, water and sewer connection lines, stormwater management facilities, and open space.

A Certificate of Capacity may be issued subject to the provision of public facilities by the applicant at the applicant's own expense provided that:

A.

The issuance of any Building permit, when no Development Order is required, or Final Development Order, when a Development Order is required, is conditioned upon the funding of such public facilities; and

B.

Prior to the issuance of a Building permit or Final Development Order, the County and the applicant enter into a legally enforceable Proportionate Faire Share Agreement and/or Development Agreement, in which the owner/developer agrees to pay the entire cost of all required improvements, or the owner/developer agrees to pay the proportionate share of cost attributable to the proposed development as provide herein, or to construct the improvements entirely at his/her own cost and expense in accordance with terms acceptable to the county, which terms shall include but not be limited to: the improvements to be built, cost estimates, timing of construction and expenditures, developer financial guarantees of performance and maintenance, and penalties for failure to perform in accordance with the agreement. The County Attorney shall review all such agreements, and shall determine that they are legally enforceable before they are presented to the Board of County Commissioners for approval.

C.

No Proportionate Fair-Share Agreement or Development Agreement shall be amended by the applicant, or by any agency, except by application by the applicant, or by a government agency desiring an amendment, to the Director of Growth Management to amend the Agreement, which application shall be reviewed by the Development Review Committee created by Section 12.09.00 of the St. Lucie County Land Development Code, and which application shall be properly noticed and heard by the Planning and Zoning Commission and the Board of County Commissioners, when required through the same process established by the St. Lucie County Land Development Code for amendment of the application with which the Development Agreement is associated. Government agencies desiring an amendment may submit their proposals under cover of a memorandum, if the agency is a county agency, or a letter of request, if the agency is not a county agency, with appropriate supporting analysis, conclusions, options, and recommendations.

Independent negotiations of changes in Proportionate Fair-Share Agreements or Development Agreements with individual agencies outside of the process established in this Section 5.06.02.C, are hereby prohibited. Such Agreements shall not be amended by other agreements required, authorized, or otherwise permitted by state law and this Code. Reviewing agencies are required to address their concerns through the interagency review processes established by the St. Lucie County Land Development Code for review by the Development Review Committee, and shall not postpone their participation to a time after the development proposal is approved. The Director of Growth Management shall determine whether an amendment to a Proportionate Fair-Share Agreement or a Development Agreement is a Minor Amendment or a Major Amendment. Changes to approved development standards not specifically classified by the St. Lucie County Land Development Code as Minor Amendments; changes to any list of permitted land uses, buffering, or minimum building separation; and changes to the amount of developer contributions and mitigation of impacts, and any proposed change not classified by the Director of Growth Management as a minor amendment, shall not be considered Minor Amendments, and shall not be processed as Minor Amendments. The County Attorney shall review all proposed amended Proportionate Fair-Share Agreements and all proposed amended Development Agreements for legal sufficiency, and ensure that they are legally enforceable before they are resented to the Board of County Commissioners for approval. Separate agreements that are not titled Proportionate Fair-Share Agreements or Development Agreements shall not be inconsistent with the approved Proportionate Fair-Share Agreement and Development Agreement, and shall not be used to amend an approved Proportionate Fair Share Agreement or Development Agreement outside of the process herein established.

The Florida Department of Transportation (FDOT) Tables of Generalized Daily, Peak Hour, and Peak Hour/Peak Direction Level-of-Service Maximum Volumes will be used to determine initial highway, road and street capacities. The measurement of capacity may also be determined by substantiation in the form of engineering studies signed by a licensed Professional Engineer. Traffic analysis techniques must be professionally acceptable and justifiable as determined by the Director of Growth Management.

For Large Development Projects as herein defined (seventy percent (70%) or more of the Development of Regional Impact thresholds in effect on the effective date of this ordinance), the County may require monitoring and modeling, as defined in F.S. § 380.06, and appropriate phasing of development or development impacts to implement monitoring and modeling. Development claiming an internal trip capture rate of twenty-five percent (25%) or more shall be required to be phased in terms of development units (dwelling units, site area, and/or square feet building area) or in terms of trips generated, and shall perform monitoring and modeling with successful results (no LOS failures) before it moves on to the next phase of development. Development claiming internal trip capture rates over fifteen percent (15%) shall be required to justify the higher internal trip capture rate with a professionally acceptable analysis sealed by a Florida Licensed Professional Engineer with expertise in traffic or transportation engineering, which analysis is required to be reviewed and accepted by the Growth Management Director, or his/her designee. The applicant shall pay the cost of any professional engineering/planning consultant hired by the county to review the required internal capture rate study. All other applications may be required to justify internal trip capture rates, and to perform monitoring and modeling at the discretion of the Director of Growth Management, or his/her designee.

A.

Prior to the issuance of a Certificate of Capacity for a proposed development, the following findings shall be made:

1.

That the proposed development will not create a Deficient Road Segment or intersection, or place trips on a Deficient Road Segment or intersection, or,

2.

That the proposed development will create a Deficient Road Segment or intersection, or place trips on a Deficient Road Segment or intersection, and either:

a.

The necessary road improvements to provide the capacity necessary to ensure the adopted level of service will be maintained, are under construction, or will be under construction during the fiscal year the application for a Certificate of Capacity is made; or,

b.

The necessary road improvements to provide the capacity necessary to ensure the adopted level of service will be maintained are the subject of an executed contract for the commencement of construction of the facilities during the fiscal year the application for a Certificate of Capacity is made; or,

c.

The necessary road improvements to provide the capacity necessary to ensure the adopted level of service will be maintained have been included in the first three (3) years of the Five-Year Capital Improvements Program in the adopted Capital Improvements Element of the St. Lucie County Comprehensive Plan, as it may be amended from time to time; or,

d.

The necessary road improvements to provide the capacity necessary to maintain adopted level of service have been included in the first three (3) years of FDOT's five-year work program for state roads; or,

e.

The road improvements necessary to accommodate all transportation impacts of the proposed development are provided for in an enforceable Development Agreement approved by the Board of County Commissioners; or,

f.

The road and/or other transportation system improvements necessary to accommodate all transportation impacts of the proposed development, except for a Development of Regional Impact, are provided for in a legally enforceable Proportionate Fair Share Agreement providing additional funding from the owner/developer for road, intersection, and/or other transportation system improvements that are included in years four (4) and five (5) of the Five-Year Capital Improvements Program in the adopted St. Lucie County Comprehensive Plan, or that are to be included in the next update of the Five-Year Capital Improvements Program in the adopted St. Lucie County Comprehensive Plan pursuant to the terms of an adopted Proportionate Fair Share Agreement.

g.

All transportation impacts of the proposed development can be accommodated with road improvements ensured through methods a - e, and the provisions of this subsection or secured through an enforceable Development Agreement approved by the Board of County Commissioners, consistent with the provisions of state law and Chapter V of the St. Lucie County Land Development Code regarding such agreements; (Reference: F.S. § 163.3180(2)(c), as amended by Section 5, Chapter 2005-290, Laws of Florida. Traffic systems management, and traffic demand management are not necessarily facilities, but temporary operational measures that improve efficiency, and do not increase capacity. Mass transit is a separate transportation system that is not fully developed in St. Lucie County, and is unlikely to be developed with the necessary facilities and headways to result in a significant shift from automobile travel in the next fifteen (15) to twenty (20) years, absent a significant shortage of gasoline, and for which the legally required Level of Service Standard has not been professionally studied and established. Therefore, mitigation of traffic impacts by the provision of proposed transit services or system improvements shall be evaluated on a case by case basis by the county using professionally acceptable methodology to determine the actual impact of the proposed transit services or improvements in increasing system capacity or;

h.

The proposed development is a government facility which the Board of County Commissioners finds is essential to the health or safety of persons residing in or using previously approved or existing development and increases the level of service for several public facilities.

B.

The impact of proposed development on roads shall be determined as follows:

(Note, Reference: F.S. § 163.3180(6), as amended by Section 5, Chapter 2005-290, Laws of Florida. The impacts exempted by the existing code should be regulated because they would most likely be classified as de minimis, and would be subject to the impact measurement, accounting, limitations, and reporting requirements of state law. It should not be exempt from a determination that it does not place trips on a deficient road segment, nor exempt from a determination that it does not create a deficient road segment. To the extent any development exempted by this section is not de minimis, F.S. § 163.3180, requires an accounting of its impacts, and concurrency.)

The County shall determine the impact of development on Regulated Roads for all proposed development which will generate thirty (30) or more average daily trips, as determined by the latest generalized trip generation rates of the Institute of Transportation Engineers, or locally determined trip generation rates for the specific development proposal.

A.

Prior to receipt of a Final Development Order, all applicants shall receive approval of a Capacity Encumbrance Letter, a Certificate of Capacity Variance, or a Certificate of Capacity Exemption.

B.

Prior to receipt of a Preliminary Development Order, all applicants shall elect and receive approval of one (1) of the following:

1.

A Capacity Encumbrance Letter; or

2.

A Certificate of Capacity Exemption; or

3.

A Certificate of Capacity Variance; or

C.

A Concurrency Deferral Affidavit shall be provided for those Preliminary Development Orders where no reservation of capacity is requested or provided.

A.

General. An application for a Final Development Order which requires a Certificate of Capacity pursuant to Section 5.01.01 shall not be accepted unless the applicant concurrently submits an application for a Certificate of Capacity.

No Certificate of Capacity, or capacity encumbrance letter, shall be issued except after a concurrency evaluation and test has been conducted pursuant to the requirements of this Chapter V of the St. Lucie County Land Development Code which indicates that capacity for the proposed development is available at the adopted Levels of Service with respect to all applicable public facilities and services. Should the concurrency evaluation and test show that capacity is not available for one (1) or more facilities or services, then the Certificate of Capacity, or capacity encumbrance letter, shall not be issued until a legally enforceable agreement has been approved that provides for acceptable mitigation of the development impacts on the adversely affected facilities, or the improvements necessary to provide the additional capacity needed to accommodate the development at the adopted levels of service have been constructed and approved by the County.

B.

Submission of Application to Director of Growth Management. An application for a Certificate of Capacity shall be made to the Director of Growth Management. The application shall not be accepted while another application is pending for a Certificate of Capacity for the same development, or any appeal relating thereto, or while an application is pending for another development on all or a portion of the same development site.

C.

Application Contents. The application shall consist of the following information:

1.

The name, address and telephone number of the applicant, the representative, if any, and the owner.

2.

The street address and locator numbers of the parcel(s) on which the development is proposed to occur.

3.

An 8.5" × 11" vicinity map locating the subject property in unincorporated St. Lucie County.

4.

A written description of the proposed development including statements about:

a.

The total area of the proposed development, the type of residential or non-residential development proposed, the number of residential units and the square footage of non-residential development.

b.

The tentative construction schedule for the proposed development, including if applicable, a tentative schedule for phasing construction.

c.

A description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County.

5.

The designation of an individual, whether the applicant or an officer, as agent or representative of the applicant, including the mailing address of the agent.

D.

Determination of Completeness and Review. After receipt of an application for a Certificate of Capacity, the Growth Management Director, or his/her designee shall determine whether it is complete within ten (10) working days. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the deficiencies. The Growth Management Director or his/her designee shall take no further action on the application unless the deficiencies are remedied, and the underlying development order application has been determined to be complete and sufficient.

A.

Within twenty (20) working days after the determination of completeness, or concurrent with a response to an application for a Development Order for which the Certificate of Capacity is sought, the Growth Management Director or designee shall perform a Concurrency Test (a comparison of a proposed development's impact on public facilities and services with the capacity of the public facilities and services that are, or will be, available to serve the proposed development no later than the time the impacts of the development are expected to occur) for each application for a Certificate of Capacity.

B.

If the capacity of public facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact of the development on the public facilities, the Concurrency Test shall be approved, and the applicant shall be eligible to receive a Certificate of Capacity. Upon making a determination that the applicant is eligible to receive a Certificate of Capacity, the Director of Growth Management, or his/her designee, shall issue a Capacity Encumbrance Letter that shall encumber the capacity of the facilities covered by the letter for a period of one hundred eighty (180) days.

C.

If the capacity of available public facilities is less than the capacity required to maintain the level of service standard from the impact of the development on public facilities, the Concurrency Test shall be denied, and the applicant shall select one (1) of the following options:

1.

Accept a fifteen-day encumbrance of public facilities that are available, and, within the same fifteen-day period, amend the development requested in the application to reduce the needed public facilities to the capacity that is available;

2.

Accept a ninety-day encumbrance of public facilities that are available, and, within the same ninety-day period provide for public facilities that are not otherwise available;

3.

Reapply for a certificate of capacity not less than six (6) months following the denial of an application for a certificate of capacity; or

4.

Appeal the denial of the application for a certificate of capacity, pursuant to the provisions of Section 11.00.00.

A.

A certificate approved by the Growth Management Director or designee pursuant to the terms of this Code that constitutes proof of adequate public facilities to serve the proposed development, herein called a "Certificate of Capacity" shall be issued by the Growth Management Director or designee upon satisfactory completion of the Concurrency Test and after approval of a Development Order for which the St. Lucie County Land Development Code Requires a Certificate of Capacity, construction of required mitigation improvements, if any, or approval of a legally binding development agreement to provide or fund the required mitigation improvements, if any, and payment of the required fee. The Certificate of Capacity shall be issued after approval of the issuance of a Development Order, and prior to or concurrent with the issuance of an approved Development Order.

B.

A Certificate of Capacity shall be valid for the same period of time as the Development Order with which it was issued, and shall constitute a reservation of public facility capacity for the proposed development, except that a new concurrency test shall be performed for any development that begins after three (3) years of the date of issuance of the certificate of capacity. if the Development Order does not have an expiration date, the Certificate of Capacity shall be valid for three (3) years. If the approved Development Order for a development order other than a Planned Unit Development, Planned Nonresidential Development, Planned Mixed Use Development, Florida Quality Development, or Development of Regional Impact has a later expiration date than the Certificate of Capacity and development has not commenced as required by the Land Development Code by the construction of substantial site improvements, or by the provision of unexpired developer guarantees for the cost of construction and maintenance of required improvements in accordance with the county Land Development Code, within three (3) years of the date of issuance of the Development Order, then a new concurrency test shall be performed before development shall be allowed to commence and any new improvements needed as a result of changed conditions shall be mitigated by the developer. In cases where an applicant has consistently and reasonably pursued construction and issuance of a building permit has been delayed as a result of an act of God (such as a hurricane or tornado), or by delays in issuance of state or federal agency permits that are not the result of actions of the applicant, the applicant may submit by letter to the Director of Growth Management a request for a twelve-month extension of the expiration date of the thirty-six-month Certificate of Capacity. The Director of Growth Management or his/her designee shall require substantiation of the applicant's efforts to diligently and without unreasonable delay pursue permitting and construction, and shall submit the documentation along with staff recommendations to the Board of County Commissioners for their consideration for approval, approval with conditions, or denial of the requested extension. The Director of Growth Management or his/her designee shall confer with other departments and state and federal agencies as necessary to develop a complete and well-documented report to the Board of County Commissioners. Fee refunds for abandoned, expired, or withdrawn development orders shall be processed in accordance with the provisions of Section 5.07.00.F of this Chapter, as it may be amended from time to time.

For Local Government Development Agreements (PUD DA's) for Planned Unit Developments, Planned Nonresidential Developments, and Planned Mixed use Developments, Certificates of capacity shall be valid for more than two (2) years, but not more than ten (10) years, may be issued as part of a development order for a residential or mixed use subdivision, PNRD, PMUD, or a PUD DA.

For Developments of Regional Impact (DRI's), Florida Quality Developments (FQD's) Certificates of Capacity shall be valid for the period or periods prescribed in the applicable development order or development agreement.

Building Permits. Except for subdivisions, Building permits shall be obtained prior to the expiration of the Certificate of Capacity. Construction may continue to completion after the Certificate's expiration if the building permits remain valid and do not expire.

Subdivisions. Building permits for single family and duplex dwelling units on individual lots within a residential subdivision, which previously received a Certificate of Capacity, shall not be required to obtain a new Certificate if said subdivision received final subdivision plat approval and was recorded in the public records before its Certificate expired and all necessary conditions of the Certificate of Capacity have been met.

C.

A Certificate of Capacity may be extended according to the same terms and conditions as the Development Order for which it is approved. If a Development Order is granted an extension, the Certificate of Capacity, if any, shall also be extended if a new concurrency test shows that adequate capacity remains available. If a concurrency test for the extension of the development order shows that adequate capacity is not available, the applicant shall be required to provide additional mitigation to ensure the availability of adequate public facilities to support the project.

D.

A Certificate of Capacity application shall be submitted for amendments to an existing Development Order, and also for extensions of an existing Development Order.

E.

A Certificate of Capacity runs with the land and is valid only for specific land uses, densities and intensities on the same land, and for new owners of the same land for which it was issued for a period of three (3) years from the date it was issued.

F.

A Certificate of Capacity shall expire if the underlying Development Order expires or is revoked by the County.

G.

A Development Order and a Certificate of Capacity shall contain such reasonable conditions as are necessary to ensure compliance with this Chapter. The Board of County Commissioners and departments issuing a Development Order or a Certificate of Capacity are authorized to impose such conditions. Conditions of approval shall be binding on the owner, its heirs, successors, and assigns.

H.

A Preliminary Development Order issued without a Certificate of Capacity shall include a signed Concurrency Deferral Affidavit stating at a minimum the following:

1.

The issuance of a Building Permit and any Final Development Order are subject to the requirements for obtaining a Certificate of Capacity; and

2.

No rights to obtain a Building Permit or any other Final Development Order, nor any other rights to develop the subject property have been granted or implied by the County's approval of the Preliminary Development Order.

A.

General. St. Lucie County shall consider entering into a Development Agreement with a developer to ensure adequate public facilities are available with the impacts of development on the public facilities if:

1.

A concurrency test approved by the County shows that there is not adequate capacity available for one (1) or more public facilities necessary to serve the impacts of a proposed development at the times required by law or this Land Development Code, whichever is more restrictive; and

2.

There is reasonable likelihood that the balance of the public facility capital improvements identified to provide the remaining capacity needed for the proposed development can be provided pursuant to a Development Agreement; and,

3.

A request has been made for consideration and approval of a Development Agreement concurrent with the application for Development Permit to ensure the proposed development complies with the standards for a Certificate of Capacity, or the Director of Growth Management or designee determines that a Development Agreement is necessary in order to ensure that adequate public facilities requirements can be met for the proposed development, and suggests requiring a legally enforceable development agreement as a condition of project approval, which condition is accepted by the Board of County Commissioners for projects approved by the Board, or included in a Development Order issued by the Director of Growth Management or designee as authorized in this Land Development Code.

B.

Effect. The effect of the Development Agreement shall be to bind St. Lucie County and the developer pursuant to the terms and duration of the Development Agreement. Improvements required by a legally enforceable Development Agreement that are needed to support proportionate fair share contributions, including those improvement options allowed pursuant to Section 5.07.00.B, from one (1) or more developers are required to be added to the Five-Year Capital Improvements Program at the next available Five-Year Capital Improvements Program comprehensive plan amendment, and transmitted to the State Land Planning Agency for annual review. No Development Agreement shall be approved that does not identify all funding sources for the total cost of improvement, and alternative sources of funding for those funding sources that are not available and committed (e.g. establishment of special districts, future bond issues, grant funding, etc.). The Office of Management and Budget, for County funds, and the funding agency for other funds, must certify the feasibility of potential funding within the required time constraints. The Office of Management and Budget must certify the availability of County funds from proposed revenue sources in the event other potential funding sources fail to become available within the specified time. The required certification from the Office of Management and Budget shall be timely, so as not to unreasonably delay the consideration of the proposed Development Agreement.

C.

Amendments to approved development agreements. Amendments to approved development agreements shall be processed in accordance with this Chapter V, Section 5.06.02. Additional agreements of any kind shall be consistent with the approved Development Agreement, and to the extent they conflict with the approved Development Agreement shall be invalid. Development Agreement amendments shall be processed through the Department of Growth Management in the same manner in which the original agreement was approved, except that Section 5.01.05 authorizes the Director of Growth Management to classify certain amendments as minor amendments that may be approved administratively by the Director of Growth Management.

A.

So as to provide for a reasonable economic use of land in those rare instances where a strict application of the adequate public facilities requirements of this Chapter would constitute an unconstitutional taking of property without due process of law, the Growth Management Director may issue a Certificate of Capacity Variance. This Certificate may be issued only if the Growth Management Director finds and the County Attorney confirms all of the following circumstances to be true:

1.

A Certificate of Capacity has been denied for the proposed development pursuant to the requirements of Section 5.08.03, and an appeal to the County Administrator pursuant to Section 11.11.00 has affirmed that decision.

2.

There are not sufficient public facilities available to serve the development without violating the minimum requirements of this Chapter;

3.

No reasonable economic use can be made of the property by conditioning the Development Order upon sufficient public facilities becoming available as provided for in this Chapter.

4.

No reasonable economic use can be made of the property unless a Development Order for the property for which application has been made is issued.

5.

The request to vary from the requirements of this Chapter is the minimum variance which would allow any reasonable economic use and in no instance shall provide for no greater an impact than one percent (1%) of the maximum service volume at the adopted level of service for the affected road system or intersection, which impact shall be a de minimis impact, and shall be reported to the State Land Planning Agency in the annual report of de minimis impacts as required by law. The de minimis impact shall not be permitted without acceptable mitigation should the sum of existing roadway volumes and the projected volumes from approved projects on an affected transportation facility exceed one hundred ten percent (110%) of the capacity of the facility at its adopted level of service.

6.

A plan for development is provided demonstrating how the property will be developed, and how the proposed development is consistent with the St. Lucie County Comprehensive Plan; and,

7.

Approval of the Certificate of Capacity Variance is conditioned on the initiation of development at the allowable density subject to the receipt of a Certificate of Capacity within two (2) years of the time public facilities are available to serve the proposed development.

Upon making a finding of the foregoing circumstances to be true, the Director of Growth Management shall issue a Certificate of Capacity Variance with the necessary conditions to protect the public health, safety and welfare and give effect to the purpose of this Chapter.

B.

Any Development Order which is issued based upon a Certificate of Capacity Variance shall be consistent with it and incorporate all of the conditions placed on the Certificate by the Director of Growth Management.

C.

A Certificate of Capacity Variance shall be valid for the same period as the Development Order with which it was issued. If the Development Order does not have an expiration date, the Certificate of Capacity Variance shall be valid for two (2) years.

A capacity information letter is a nonbinding analysis of existing levels of service for public facilities and services in the vicinity of the parcel of land identified in the application at the time the capacity information letter is is used, and does not guarantee capacity in the future or encumber/reserve capacity for any period of time. The capacity information letter does not purport to analyze the impacts of the applicant's proposed project on public facilities and services nor to determine if the existing levels of service are sufficient (a) to permit development of a particular parcel of land; (b) to authorize the issuance of a capacity encumbrance letter, or (c) to authorize the issuance of a certificate of capacity.

The issuance of a capacity information letter does not relieve the applicant from complying with the remaining provisions of this Chapter V of the St. Lucie County Land Development Code with respect to capacity encumbrance or capacity reservation.

A.

Generally. An application for a capacity information letter shall be submitted to the Growth Management Director, or his/her designee, together with the required fee. Any person seeking a capacity information letter shall submit the following information to the Director of Growth Management, or his/her designee, on a form prescribed by the Director of Growth Management. No such application shall be accepted (or deemed accepted) until it is determined to be complete by the Department of Growth Management, and the required fees are paid.

1.

Date of submittal;

2.

Applicant's name, address and telephone number;

3.

Property Appraiser's Parcel ID Number and legal description.

B.

Processing of the application by the Department of Growth Management. The Department of Growth Management shall determine the completeness of the application for a capacity information letter within five (5) working days, and shall send notice to the applicant. Upon a determination that the application is complete, the Director of Growth Management, or his/her designee, shall assess the existing levels of service for public facilities and services in the vicinity of the parcel using the CMS database and information system, accounting for existing and committed development, plus any applications in process at the time the application is received. A capacity information letter will be issued within ten (10) working days from the date the application is deemed complete.

C.

Contents of the Capacity Information Letter. At a minimum, the capacity information letter shall contain:

1.

Date of issuance of the letter;

2.

Applicant's name, address, and telephone number;

3.

Property Appraiser's Parcel ID Number and legal description;

4.

Name and location of nearest potable water facility and provider and available capacity if supplied by the county;

5.

Name and location of nearest sanitary sewer facility and provider and available capacity if supplied by the county;

6.

Available capacity of park and recreational facilities;

7.

Available capacity of solid waste facilities; and

8.

Available capacity of road links and intersections within two (2) miles of the property boundaries.

The Director of Growth Management shall charge each applicant a Concurrency Test fee in an amount to be established in accordance with Section 11.12.00 of this Code. The Concurrency Test fee shall not be refundable. In addition, the applicant shall pay the county's costs of consultants to review the applicant's development project, transportation impact report, and mitigation proposals in making the county's determination regarding concurrency, required mitigation and costs of mitigation.

The Director of Growth Management shall charge a processing fee to any person that requests an informal analysis of capacity herein termed a capacity information letter. The processing fee shall be non-refundable and non-assignable. The fee for a concurrency information letter shall be set by Resolution of the Board of County Commissioners, and shall be updated from time to time.

In addition, the applicant shall pay the county's costs of consultants to review the applicant's development project, transportation impact report, and mitigation proposals in making the county's determination regarding concurrency, required mitigation and costs of mitigation.

A.

(This Section Reserved for Future Use)