A.

The City Council declares as a matter of public policy that the concurrency requirements of the Community Planning Act (F.S. § 163.3161 et seq.) are a public necessity, and are important in the protection and enhancement of the quality of life in the City as well as the county and the state.

B.

The purpose of this section is to ensure the availability of public facilities and the adequacy of those facilities at adopted levels of service concurrent with the impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact of a development permit application upon the adopted minimum acceptable level of services, as provided in the capital improvements element of the plan.

(Code 1992, § 16.03.010; Ord. No. 876-G, § 1, 2-21-2008; Ord. No. 203-H, § 24, 11-23-2015; Ord. No. 214-H, § 1, 3-3-2016)

Shall be as set forth in the definitions section.

(Code 1992, § 16.03.020; Ord. No. 876-G, § 1, 2-21-2008)

The adopted levels of service standards, as stated in the plan, for public facilities and services are hereby adopted by reference.

(Code 1992, § 16.03.030; Ord. No. 876-G, § 1, 2-21-2008)

A certificate of concurrency is required prior to the issuance of any development permit. If a development will require more than one development permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial permit. Upon request by applicants, a preliminary concurrency review shall be performed and a conditional certificate of concurrency may be issued. This conditional certificate shall not be binding upon the City and shall only be effective for the year in which the annual concurrency monitoring report was issued. Only those certificates of concurrency issued for development permits shall be binding. Applicants will be charged a fee for certificates of concurrency.

1.

Application for development. The property owner, or authorized representative, shall provide a complete application for development containing the required documentation for the specific development order or permit. The POD shall review the application for completeness in a timely manner to ensure that the required information is sufficient to accept the application and continue its review.

2.

Development review. When the application for development has been accepted, it shall be processed and reviewed for impacts of the development on the public facilities and services identified in this article.

3.

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

4.

Certificate of concurrency.

a.

The certificate of concurrency shall indicate the date of issuance and shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event the development permit does not have an expiration date, the certificate of concurrency shall expire one year from the date of the issuance of the development permit. In the event that a time extension is requested prior to the expiration of the development permit, then the accompanying certificate of concurrency may be renewed upon determination by the POD that the conditions of concurrency will still be met.

b.

Any development order or permit that is issued within the effective period of a validly issued certificate of concurrency shall be vested for the purposes of concurrency until the expiration of that development order or permit, provided that development commences within the validity period of the development order or permit and continues in good faith.

5.

Development order or development permit compliance.

a.

Any development orders and development permits approved and issued shall be based upon and in compliance with the certificate of concurrency issued for that application.

b.

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

(Code 1992, § 16.03.040; Ord. No. 876-G, § 1, 2-21-2008; Ord. No. 214-H, § 1, 3-3-2016)

An application for a development order shall comply with the following minimum concurrency requirements for each of the following public facilities and services:

1.

For potable water, sanitary sewer, solid waste, and drainage (stormwater) one of the following is the minimum standard that must be met to satisfy the concurrency requirement:

a.

The necessary facilities, including distribution and collection mains and pipes, and services are in place at the time a development permit or order is issued;

b.

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

c.

The necessary facilities, including distribution and collection mains and pipes and related appurtenances are under construction at the time a permit or order is issued;

d.

The necessary facilities, including distribution and collection mains and pipes and related appurtenances, and services are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.), or an agreement or development order issued pursuant to F.S. ch. 380.

2.

For recreation and open space, one of the following is the minimum standard that must be met to satisfy the concurrency requirement:

a.

Compliance with the standards in subsection 1 of this section;

b.

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

c.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of facilities or the provision of services within one year of the issuance of the applicable permit or order. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 et seq. or an agreement or development order issued pursuant to F.S. ch. 380.

(Code 1992, § 16.03.050; Ord. No. 876-G, § 1, 2-21-2008; Ord. No. 214-H, § 1, 3-3-2016)

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

1.

A plan amendment which limits the adopted level of service standard for the affected facilities and/or services.

2.

A binding executed contract between the City and the applicant to provide the necessary improvements.

3.

An enforceable development agreement, which may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 et seq.

4.

A change in the funding source.

5.

A reduction in the scale or impact of the proposed development.

6.

Phasing of the proposed project.

(Code 1992, § 16.03.060; Ord. No. 876-G, § 1, 2-21-2008; Ord. No. 214-H, § 1, 3-3-2016)

A.

By February 1 of each year, the POD shall prepare a concurrency annual monitoring report. The POD shall convey such annual report to the City Council.

B.

The POD shall establish and maintain a concurrency monitoring system for the purpose of monitoring the status of public facilities and services, to be used in establishing the concurrency annual monitoring report.

C.

The concurrency annual report shall be issued every year and will be effective for one year. Nothing herein precludes the issuance and effectiveness of more frequent concurrency reports, if updating or correction is deemed necessary, including but not limited to circumstances where: errors are noted; the impact of issued development orders, as monitored by the POD, indicates a degradation to the adopted level of service; or where changes in the status of capital improvement projects changes the underlying assumptions of the concurrency annual report.

D.

A concurrency report shall not divest those rights acquired by a preceding concurrency annual report, except where a known danger exists to the health, safety or welfare of the general public.

E.

The concurrency annual report shall include, at a minimum, a review of the levels of service and capacity for all the adopted levels of service standards included in the plan.

(Code 1992, § 16.03.070; Ord. No. 876-G, § 1, 2-21-2008)

A.

The City as the provider of public facilities or services to other government entities.

1.

The City shall provide services to other local government entities within the county in accordance with the policies included in the plan. The City shall administer this section such that the development in those areas shall be consistent with the plan.

2.

All proposed development within these other local government entities which requires City services shall be submitted to the POD to disseminate to the appropriate review personnel. A certificate of concurrency from the City shall be required for any public facility or services provided by the City to any local government in which a permit or order is proposed to be issued.

B.

The City as the recipient of public facilities or services from other government entities.

1.

The City shall recognize the level of service provided by other governmental entities that provide services or facilities to the City in accordance with the policies of the plan. The City shall ensure that all development within its area shall be in accordance with such policies as identified in the plan.

2.

The City shall coordinate with other governmental entities to ensure appropriate intergovernmental coordination. Appropriate methodology for tracking concurrency will be coordinated with these other governmental entities.

(Code 1992, § 16.03.080; Ord. No. 876-G, § 1, 2-21-2008)

The capital improvement element of the plan was designed to meet requirements of the State law mandating that local governments provide sufficient capacity of public facilities concurrent with development. The capital improvement element contains all capital improvement needs identified in the individual elements of the plan, and demonstrates the fiscal feasibility of the plan. Through annual monitoring, the capital improvement element is corrected, updated, and modified to ensure adequate sources of funding. If it is determined that a level of service standard is reduced because a project is not completed, or if projects not previously identified are added, then an amendment to the plan will be required.

(Code 1992, § 16.03.090; Ord. No. 876-G, § 1, 2-21-2008)

Editor's note— Ord. No. 214-H, § 1, adopted March 3, 2016, repealed § 16.03.100 which pertained to the proportionate fair-share program and derived from § 16.03.100 of the 1992 Code, and Ord. No. 876-G, § 1, adopted Feb. 21, 2008.

Editor's note— Ord. No. 214-H, § 1, adopted March 3, 2016, repealed § 16.03.110 which pertained to the transportation concurrency exception area and derived from § 16.03.110 of the 1992 Code; Ord. No. 876-G, § 1, adopted Feb. 21, 2008; and Ord. No. 985-G, § 5, adopted July 15, 2010.

Editor's note— Ord. No. 214-H, § 1, adopted March 3, 2016, repealed § 16.03.120 which pertained to public school facilities concurrency and derived from Ord. No. 893-G, § 1, adopted Sept. 4, 2008; and Ord. No. 985-G, § 6, adopted July 15, 2010.