(a)

Development orders. No development order shall be issued unless based upon a finding that the development is consistent with the town comprehensive plan and any amendments thereto.

(b)

Determination of consistency. Prior to the issuance of any development order, the town administrator shall check the proposed development for consistency with the future land use map and related policies of the comprehensive plan. Any finding of inconsistency shall be supported by competent findings of fact documented in writing.

(Code 1996, § 26-401)

(a)

Applicability of level of service standards. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the town comprehensive plan:

(1)

The level of service standard for streets shall be A.

(2)

The level of service standard for sewage disposal shall be public sewerage where the level of service shall be at least 100 gallons per person per day.

(3)

The level of service standard for drainage shall be to adequately detain runoff from one inch of rain in one hour.

(4)

The level of service standard for the potable water system shall be at least 150 gallons per person per day.

(5)

The level of service standard for solid waste shall be 7.1 pounds per capita per day.

(b)

Development subject to adequacy determination.

(1)

New development. All development permits for major developments, including special exceptions, site plans, plats and replats, rezoning and building permits, shall be subject to adequacy determination.

(2)

Additional development or redevelopment. All redevelopment or additional development of previously improved lands shall be subject to an adequacy determination for the additional capacity needed to serve the difference between the capacity to be consumed by the proposed additional development and the capacity generated or consumed by the existing development.

(3)

Exemptions. Property which is exempt includes:

a.

Development which is authorized by an approved development of regional impact development order.

b.

Development which is found by the town administrator to have vested rights with regard to any affected roadway segments or infrastructure capacity reservations.

c.

Minor development which is one single-family or duplex dwelling on a lot in single and separate ownership from adjacent lots, and signs.

d.

Development which is a government facility which the town council finds is essential to the health or safety of the town residents.

(c)

Measurement of level of service capacities.

(1)

Water and wastewater. Measurement of the capacity of water lines will be based on design capacities and projected flows acceptable to the town administrator. Table I section 26-626 shall be used to project additional flows. Table II section 26-626 shall be used to project sewage generation rates when deemed appropriate by the town administrator.

(2)

Roadways. The standard for measuring highway capacities shall be the state department of transportation Table of Generalized Daily Level-of-Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies or the official county capacity table, provided that analysis techniques are technically sound and acceptable to the town administrator. The impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot.

(3)

Solid waste. Table III of section 26-626 shall be used to calculate solid waste generation rates, subject to approval by the town administrator.

(4)

Drainage. Measurement of drainage shall be based on assumed runoff rates, for example, from the South Florida Water Management District, subject to approval by the town administrator.

(5)

Recreation. Measurement of recreation service shall be based on the latest town comprehensive plan and the latest planning board population estimate with any necessary interpretation provided by the town administrator.

(d)

Determination of capacity availability. For the purposes of this article, the capacity availability shall be determined by:

(1)

Adding together:

a.

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

b.

The total design capacity of new facilities that will become available concurrent with the impact of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

1.

The necessary facilities are in place at the time a site plan approval is issued or a site plan approval is issued, subject to the condition that the necessary facilities will be in place when the impacts of development occur.

2.

Construction of the new facilities is underway at the time of application.

3.

The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.

4.

The new facilities have been included in a funded capital improvement program annual budget.

5.

The new facilities are guaranteed at a specific time 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 pursuant to F.S. ch. 380. Such facilities must be consistent with the capital improvements element of the town comprehensive plan.

6.

The developer has contributed funds to the town, the county or other governmental entity necessary to provide new facilities consistent with the capital improvements element of the comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the town, the county or other governmental entity.

(2)

Subtracting from that number the sum of:

a.

The design demand for the service created by existing development; and

b.

The new design demand for the service, by phase or otherwise, that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

(e)

Burden of showing compliance to be on applicant. The burden of showing compliance with the level of service requirements of this section shall be upon the applicant. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards.

(Code 1996, § 26-402)

(a)

Responsibility for monitoring development activity. The town administrator shall be responsible for monitoring development activity to ensure the development is consistent with the town comprehensive plan. The town administrator shall record all existing and committed development and its impact on facilities subject to level of service standards. Monitoring shall include:

(1)

A monthly report of all new or amended development code regulations, including changes in land use districts.

(2)

A monthly summary of all building permits.

(3)

A monthly summary of all permits issued for demolition of buildings.

(4)

A monthly summary of all certificates of occupancy.

(b)

Concurrency rights reservation and effective period.

(1)

Preliminary compliance should be determined at the earliest point in the review process where definitive development data is available, but final compliance will be calculated and capacity reserved at the time of final action on an approved site plan, or building permit if no site plan is required, or enforceable developer's agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity.

(2)

Developer agreements as described in F.S. § 163.3220 et seq., the Florida Local Government Development Agreement Act, shall have a valid concurrency period not to exceed five years or as may be modified. A building permit application must be submitted within 18 months of site plan approval to preserve the concurrency reservation. An extension of one year may be issued by the town council.

(Code 1996, § 26-403)

An applicant may appeal a decision of the building code administrator denying an application for a certificate of concurrency reservation by filing a petition appealing the decision to the concurrency review board within 30 days of the decision of the building code administrator.

(Code 1983, § 161.07(4)(c)(1); Code 1996, § 26-421)

The concurrency review board shall consist of the town council.

(Code 1983, § 161.07(4)(c)(2); Code 1996, § 26-422)

The concurrency review board shall consider the appeal petition submitted under this division within 60 days of its filing. In considering the appeal, the concurrency review board shall consider only the record before the building code administrator at the time of the decision, testimony of the petitioner and the petitioner's agents, and testimony of town department members and service providers.

(Code 1983, § 161.07(4)(c)(3); Code 1996, § 26-423)

The concurrency review board shall reverse the decision of the building code administrator only if there is substantial competent evidence in the record that the application complies with the standards of section 26-592.

(Code 1983, § 161.07(4)(c)(4); Code 1996, § 26-424)

In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with the impacts of development on the public facilities, the town shall establish the management and monitoring practices set out in this division. Their purpose is to evaluate and coordinate the timing, provision, and funding of potable water, sanitary sewer, solid waste, drainage, park and road public facilities so that:

(1)

They are being adequately planned for and funded to maintain the level of service for the public facilities; and

(2)

To evaluate the capacity of the public facilities for use in the regulatory program to ensure that:

a.

There are no development orders issued unless there are adequate public facilities available to serve the development concurrent with the impact of development on the public facilities; or

b.

No development orders are issued unless they are conditioned on the availability of public facilities to serve the development concurrent with the impacts of development on the public facilities.

(Code 1983, § 161.06(A); Code 1996, § 26-451)

(a)

By March 1 of each year, the building code administrator shall complete and submit to the town council an annual public facilities update report. Such report shall determine the existing conditions of all potable water, sanitary sewer, solid waste, drainage, park, and road public facilities, determine and summarize the available capacity of these public facilities based on their level of service, and forecast the capacity of existing and planned capital improvements identified in the five-year capital improvement schedule for each of the five succeeding years. The forecasts shall be based on the most recently updated schedule of capital improvements for each public facility. The annual public facilities update report shall also revise relevant population projections, update public facility inventories, update unit costs, and update revenue forecasts.

(b)

The findings of the annual public facilities update report shall form the basis for any proposed amendments to the capital improvements element, any proposed amendments to the town's annual budget for public facilities, and the review of and issuance of development orders during the next year.

(Code 1983, § 161.06(B); Code 1996, § 26-452)

Based upon analysis of the annual public facilities update report, the building code administrator shall propose to the town council each year any necessary amendments to the capital improvements element, and any proposed amendments to the town's annual budget for public facilities.

(Code 1983, § 161.06(C); Code 1996, § 26-453)

In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and recreation and road public facilities are available concurrent with the impact of development on each public facility, the town establishes the development review procedures in this division to ensure that there is no development order issued unless there are adequate public facilities available to serve the proposed development, or that the development order is conditioned on the availability of public facilities to serve the development concurrent with the impact of development on the public facilities.

(Code 1983, § 161.07(A); Code 1996, § 26-476)

The following development shall be exempt from the requirements of this division:

(1)

Construction of public facilities that are consistent with the town comprehensive plan;

(2)

An alteration or expansion of an existing dwelling unit that does not create additional impact on public facilities;

(3)

The construction of accessory buildings and structures that does not create additional dwelling units and does not create additional impact on public facilities; and

(4)

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

(Code 1983, § 161.07(B); Code 1996, § 26-477)

No application for a development permit shall be accepted without receipt of either an adequate public facilities determination, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation. The applicant may elect whether to gain approval of an adequate public facilities determination, a certificate of concurrency reservation, or a conditional certificate of concurrency reservation pursuant to the terms of this division, except that no application for a development permit for subdivision, plat or replat, or building permit, shall be accepted without receipt of a certificate of concurrency reservation.

(Code 1983, § 161.07(C)(1); Code 1996, § 26-478)

(a)

Timing. An application for an adequate public facilities determination or a certificate of concurrency reservation may be submitted at any time during the year. Review of the application shall be initiated by the building code administrator pursuant to section 26-623 within ten working days of receiving a complete application. The review shall be completed within 30 days following its initiation.

(b)

Assignability and transferability. A certificate of concurrency reservation shall be assignable within a proposed development, but shall not be assignable or transferable to other developments.

(c)

Expiration prior to receipt of development order. An adequate public facilities determination shall expire after three months if an application for a development permit is not submitted for the proposed development for which the adequate public facilities determination has been approved. A certificate of concurrency reservation shall expire after one year if a development order is not issued for the development for which the certificate was approved. A conditional certificate of concurrency reservation shall expire after one year if the development agreement and the application for development permit for which it has been approved is not reviewed and approved.

(d)

Expiration and effect.

(1)

Adequate public facilities determination. An adequate public facilities determination is initially valid for three months, during which time an application for development permit must be submitted for the proposed development for which the determination was approved. If a development order is approved, the adequate public facilities determination is valid for the life of that initial development order. Each subsequent application for a development permit (except those developments exempted pursuant to section 26-619) for the development shall be required to receive a new adequate public facilities determination, or a certificate of concurrency reservation, whichever is appropriate.

(2)

Certificate of concurrency reservation. A certificate of concurrency reservation is initially valid for one year, during which time a development order must be issued for the development for which the certificate was approved. If a development order is approved for the certificate during that first year, the certificate of concurrency reservation is valid for the life of the development order for which it is originally approved. The certificate of concurrency reservation is then valid for the life of subsequent development orders for the same development, if the subsequent development orders are approved prior to the expiration of the earlier development order for the development, and the development is not altered to increase the impact of the development on public facilities. The expiration of a development order shall result in the expiration of the certificate of concurrency reservation.

(3)

Conditional certificate of concurrency reservation. An application for a certificate of concurrency reservation, considered in conjunction with a development agreement, may be conditionally approved as a conditional certificate of concurrency reservation consistent with the requirements of this division. When the conditional certificate of concurrency reservation is considered in conjunction with the development agreement and application for development permit and finally approved pursuant to the terms of this division, it becomes a certificate of concurrency reservation. A certificate of concurrency reservation is valid for the life of the development order with which it is approved. The certificate of concurrency reservation is then valid for the life of subsequent development orders for the same development, if the subsequent development orders are approved prior to the expiration of the earlier development order for the project and the development order is not altered to increase the impact of the development on public facilities. The expiration of the development order shall result in the expiration of the certificate of concurrency reservation.

(e)

Effect.

(1)

Adequate public facilities determination. An adequate public facilities determination shall serve as a statement that, based upon existing public facility capacity and planned public facility capacity, adequate public facilities are available to serve the development at the time of the approval of the adequate public facilities determination. A subsequent application for a development permit for development that has been approved based upon an adequate public facilities determination shall be required to receive a new adequate public facilities determination or certificate of concurrency reservation, whichever is appropriate.

(2)

Certificate of concurrency reservation. Receipt of a certificate of concurrency reservation shall constitute proof of adequate public facilities to serve the proposed development. A subsequent application for a development permit for which a certificate of concurrency reservation has been approved shall be determined to have adequate public facilities as long as the development order for which the certificate of concurrency reservation was approved has not expired, and the development is not altered to increase the impact of the development on public facilities.

(3)

Conditional certificate of concurrency reservation. Receipt of a conditional certificate of concurrency reservation is a statement that an application for a certificate of concurrency reservation considered in conjunction with a development agreement has been conditionally approved by the building code administrator because it is demonstrated that: Existing available public facility capacity up to an amount sufficient to serve the proposed development has been reserved; there is reasonable likelihood that the balance of the public facility capacity needed for the proposed development can be provided pursuant to a development agreement; a request has been made for the consideration and approval of a development agreement concurrent with the application for development permit to accommodate the balance of public facility capacity needs for the proposed development; and final approval of a certificate of concurrency reservation is conditional on the concurrent approval of a development agreement and a development order for the proposed development. When the conditional certificate of concurrency reservation is considered in conjunction with the development agreement and application for development permit and all the public facility component standards of section 26-625 are met, it shall be approved as a certificate of concurrency reservation.

(f)

Amendment of certificate of concurrency reservation. An amendment to a certificate of concurrency reservation shall be required prior to the approval of any amendment to a development order for which a certificate of concurrency reservation has been approved if the amendment increases the need for additional capacity for any public facility, such as potable water, sanitary sewer, solid waste, drainage, parks and roads. The amendment of a certificate of concurrency reservation shall only require evaluation and reservation of the additional public facility capacity demanded by the proposed development. Any amendment to a development order for which an adequate public facilities determination has been approved shall require a new adequate facilities determination or a certificate of concurrency reservation, whichever is appropriate.

(Code 1983, § 161.07(C)(2); Code 1996, § 26-479)

A developer may enter into a development agreement with the town, for those public facilities specifying that a development agreement is acceptable, in conjunction with the approval of a development order and a certificate of concurrency reservation or a conditional certificate of concurrency, to ensure that adequate public facilities are available concurrent with the impacts of development on the public facility. The effect of the development agreement shall be to bind the town and the developer pursuant to the terms and duration of the development agreement to its determination pursuant to sections 26-620, 26-621 and 26-623 through 26-625 that adequate public facilities are available to serve the proposed development concurrent with the impact of the development on the public facilities. Any public facility capital improvement in the five-year schedule of capital improvements in the capital improvements element on which such a certificate of concurrency reservation is made in conjunction with the approval of a development order and a development agreement shall not be delayed, deferred, or removed from the five-year schedule of improvements in the capital improvements element.

(Code 1983, § 161.07(C)(3); Code 1996, § 26-480)

(a)

Submission of application. An application for either an adequate public facilities determination or a certificate of concurrency reservation shall be submitted at any time during the year to the building code administrator, in a form established by the building code administrator, and made available to the public. Review of the application shall be initiated by the building code administrator pursuant to section 26-621(a) on the first working day of each month. The review will begin on the second working day of the month.

(b)

Determination of completeness and review.

(1)

Determination of completeness. After receipt of an application for a certificate of concurrency reservation, the building code administrator shall determine within 15 days of initiation of processing whether it is complete and includes data necessary to evaluate the application. If it is determined that the application is not complete, written notice shall be served on the applicant specifying deficiencies. The building code administrator shall take no further action on the application unless the deficiencies are remedied.

(2)

Review and recommendation of town departments and service providers. When the building code administrator determines the application is complete, the application shall be forwarded to town departments and service providers for review. Within 15 days, the town departments and service providers shall provide a statement as to whether or not adequate public facilities are available, pursuant to the standards of section 26-624 or 26-625, whichever is appropriate.

(3)

Decision by building code administrator.

a.

Adequate public facilities determination. Upon receipt of a statement from the town departments and service providers regarding an application for an adequate public facilities determination, the building code administrator shall review the statements and the application within ten days, and determine if it complies with all the public facility component standards of section 26-624. If the application complies with all of the public facility component standards in section 26-624, the building code administrator shall issue an adequate public facilities determination.

b.

Certificate of concurrency reservation. Upon receipt of a statement from the town departments and service providers regarding the application for a certificate of concurrency reservation, the building code administrator shall review the statements and the application within ten days, and determine if the application complies with all the public facility component standards of section 26-625. If the application complies with all of the public facility component standards of section 26-625, the building code administrator shall issue a certificate of concurrency reservation. If the building code administrator determines that an application fails to meet any one of the public facility component standards of section 26-625, the applicant shall be notified of such deficiency, and may either:

1.

Certificate of concurrency reservation. Remedy the application through a development agreement or other means within 90 days. If, during the 90-day period, the applicant resolves the deficiencies, the application shall be reconsidered by the building code administrator and approved, approved with conditions, or denied, consistent with the standards in section 26-625.

2.

Conditional certificate of concurrency reservation. Request approval of a conditional certificate of concurrency reservation. A conditional certificate of concurrency reservation shall be approved by the building code administrator if it is demonstrated that:

(i)

All existing public facility capacity up to the amount that could serve the proposed development has been reserved;

(ii)

There is reasonable likelihood that the balance of the public facility capacity necessary to accommodate the proposed development can be provided pursuant to a development agreement;

(iii)

The applicant requests consideration and approval of a development agreement concurrent with the application for a development permit for which the conditional certificate of concurrency reservation is requested for the purpose of ensuring that the standards of section 26-625 are met; and

(iv)

The conditional certificate of concurrency reservation is conditioned on the concurrent approval of a development agreement and a development order for the proposed development that complies with the standards of section 26-625.

(Code 1983, §§ 161.03, 161.07(C)(4); Code 1996, § 26-481)

The following standards shall be used in the determination of whether to issue or deny an adequate public facilities determination. Before issuance of an adequate public facilities determination, the applicant shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks and roads).

(1)

Potable water facilities. The potable water component shall be approved if any of the following conditions are met:

a.

Capital potable water facilities are in place to provide the proposed development sufficient services based on the level of service for capital potable water facilities; or

b.

The capital potable water facilities that will provide the proposed development sufficient services based on the level of service for capital potable water facilities are under construction and bonded.

(2)

Sanitary sewer facilities. The sanitary sewer component shall be approved if any of the following conditions are met:

a.

Capital sanitary sewer facilities are in place to provide the proposed development sufficient services based on the level of service for capital sanitary sewer facilities; or

b.

The capital sanitary sewer facilities that will provide the proposed development sufficient services based on the level of service for capital sanitary sewer facilities are under construction and bonded.

(3)

Solid waste facilities. The solid waste component shall be approved if any of the following conditions are met:

a.

Capital solid waste facilities are in place to provide the proposed development sufficient services based on the level of service for capital solid waste facilities; or

b.

The capital solid waste facilities that will provide the proposed development sufficient services based on the level of service for capital solid waste facilities are under construction and bonded.

(4)

Drainage facilities. The drainage component shall be approved if the proposed development has access to a point of legal positive outfall.

(5)

Park and recreation facilities. The park and recreation component shall be approved if any of the following conditions are met:

a.

Capital Park and recreation facilities are in place to provide the proposed development sufficient services based on the level of service for Capital Park and recreation facilities; or

b.

The Capital Park and recreation facilities that will provide the proposed development sufficient services based on the level of service for Capital Park and recreation facilities are under construction and bonded.

(6)

Road facilities. The road component shall be approved if the proposed development complies with the 1990 Traffic Performance Standards Code of Palm Beach County, Florida, and the level of service for capital road facilities.

(Code 1983, § 161.07(C)(5); Code 1996, § 26-482)

The following standards shall be used with the determination of whether to issue, issue with conditions, or deny a certificate of concurrency reservation. Before issuance of a certificate of concurrency reservation, the applicant shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks and recreation, and roads).

(1)

Potable water facilities. The potable water component shall be approved if any of the following conditions are met:

a.

Capital potable water facilities are in place to provide the proposed development sufficient services based on the level of service for capital potable water facilities, and a reservation of capacity has been received from the service provider;

b.

The capital potable water facilities that will provide the proposed development sufficient services based on the level of service for capital potable water facilities are under construction and bonded, and a reservation of capacity has been received from the appropriate service provider; or

c.

The capital potable water facilities that will provide the proposed development sufficient services based on the level of service for capital potable water facilities are committed to be provided by the applicant pursuant to a development agreement.

(2)

Sanitary sewer facilities. The sanitary sewer component shall be approved if any of the following conditions are met:

a.

Capital sanitary sewer facilities are in place to provide the proposed development sufficient services based on the level of service for capital sanitary sewer facilities, and a reservation of capacity has been received from the appropriate service provider;

b.

The capital sanitary sewer facilities that will provide the proposed development sufficient services based on the level of service for capital sanitary sewer facilities is under construction and bonded, and a reservation of capacity has been received from the appropriate service provider;

c.

The capital sanitary sewer facilities that will provide the proposed development sufficient services based on the level of service for capital sanitary sewer facilities are committed to be provided by the applicant pursuant to a development agreement.

(3)

Solid waste facilities. The solid waste component shall be approved if any of the following conditions are met:

a.

Capital solid waste facilities are in place to provide the proposed development sufficient services based on the level of service for capital solid waste facilities; or

b.

The capital solid waste facilities that will provide the proposed development sufficient services based on the level of service for capital solid waste facilities are under construction and bonded.

(4)

Drainage facilities. The drainage component shall be approved if the proposed development has access to a point of legal positive outfall and provides means for connection of stormwater flow from the proposed development to a legal positive outfall pursuant to the terms of a development agreement.

(5)

Park and recreation facilities. The park and recreation facilities component shall be approved if any of the following conditions are met:

a.

Capital park and recreation facilities are in place to provide the proposed development sufficient services based on the level of service for Capital Park and recreation facilities, and a reservation of capacity has been provided for the facilities;

b.

The Capital Park and recreation facilities that will provide the proposed development sufficient services based on the level of service for Capital Park and recreation facilities are under construction and bonded, and a reservation of capacity has been provided for the facilities; or

c.

The Capital Park and recreation facilities that will provide the proposed development sufficient services based on the level of service for Capital Park and recreation facilities shall be provided pursuant to the terms of a development agreement.

(6)

Road facilities. The road component shall be approved if the proposed development complies with the 1990 Traffic Performance Standards Code of Palm Beach County, Florida, and the level of service for capital road facilities. In determining whether the road component meets the requirements of this division, the five-year schedule of improvements in the capital improvements element may be considered only if the development proposed in the application is phased so that the impacts of the proposed development and the capacity provided by the road projects in the five-year schedule of improvements will occur concurrently. The phasing of development and transportation improvements to ensure that the level of service for capital road facilities is met may be addressed through a development agreement.

(Code 1983, § 161.07(C)(6); Code 1996, § 26-483)

Public facility generation rates shall apply as follows:

TABLE I. POTABLE WATER DESIGN FLOWS

In a case where the type of connection is not listed, then the most suitable one is to be used.

The town retains the authority to require appropriate information to be submitted in accordance with AWWA standards to settle any dispute.

TABLE II. SANITARY SEWER DESIGN FLOWS

In a case where the type of connection is not listed, then the most suitable one is to be used.

The town retains the authority to require appropriate information to be submitted in accordance with AWWA standards to settle any dispute.

TABLE III. SOLID WASTE GENERATION RATES

(Code 1996, ch. 26, art. V, app. A)