This Code provides a presumption that development is consistent with the Comprehensive Plan if it conforms to Code requirements.

It is the purpose of this Article to describe the requirements and procedures for determination of consistency of proposed development projects with the Village Comprehensive Plan, including meeting the concurrency requirements of the plan.

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

The following method of ensuring concurrency shall be known as the System For The Management Of Concurrency (SYMCON). The SYMCON is based upon the Village Comprehensive Plan, especially the Capital Improvements Element and adopted level of service standards. The system is designed to ensure that the issuance of a permit will not result in a degradation of the adopted levels of service for specified public facilities and services. The SYMCON also includes a monitoring system for determination of the availability of adequate capacity of public facilities and services to meet the adopted level of service standards.

A.

General Rule. All applications for development permits shall demonstrate that the proposed development does not degrade adopted levels of service in the Village.

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

A.

Adding Together:

1.

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

2.

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

a.

Construction of the new facilities is under way at the time of issuance of the permit.

b.

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

B.

Subtracting from that Number the Sum of:

1.

The demand for the service or facility created by existing development as documented in the Village Comprehensive Plan; and

2.

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

C.

Action Upon Failure to Show Available Capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

1.

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

2.

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

The burden of showing compliance with these level of service requirements shall be upon the Applicant. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards.

The initial determination of concurrency occurs during the review of the Preliminary Development Plan, and shall include compliance with the level of service standards adopted by the Village.

Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water established in the Potable Water Subelement of the Village Comprehensive Plan:

Minimum design flow: 209 gallon per day per person, and 2,000 gallon per day/nonresidential acre.

Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater treatment as established, in the Sanitary Sewer Subelement of the Village Comprehensive Plan:

A.

Residential redevelopment will be permitted based on the ability to meet the level of service of one residential on-site sewage disposal system per lot that meets the standards in the current septic tank permit. Septic tank effluent must meet Florida Department of Environmental Regulation criteria governing the discharge of effluents to Lakes classified as Class III water bodies.

B.

The Village will periodically conduct a sanitary survey and require each homeowner to have its systems inspected. Those that cannot meet the effluent standards of Section 3.03.02A must be improved as necessary to prevent degradation of water quality, health hazards, and unpleasant odors.

C.

Commercial development and redevelopment permit approval will be conditioned on the availability of sewer service to meet the level of service of 2000 gallons per acre per day.

A.

Level of Service. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as estab-lished in the Transportation Circulation Element of the Village Comprehensive Plan:

Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the Drainage Subelement of the Village Comprehensive Plan:

Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the solid waste as established in the Solid Waste Subelement of the Village Comprehensive Plan:

Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of ser-vice for the recreational facilities as established in the Recreation and Open Space Element of the City/County Comprehensive Plan: