Public facilities and services may be determined to be adequate to serve the needs of a proposed development when the following conditions are met:

(1)

Traffic circulation, mass transit, fire and emergency medical services, recreation, drainage and flood protection, potable water, public schools, solid waste and sanitary sewer public facilities and services will be available to meet established level-of-service standards, consistent with F.S. § 163.3180, as amended, and the concurrency management provisions of this article.

(2)

Local streets and roads will provide safe access between buildings within the proposed development and the regional transportation network.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-08-B, § 2, 12-9-08)

(a)

Public facilities concurrent with development impacts. Following the effective date of the 1989 Comprehensive Plan, the city shall not grant a development permit for a proposed development unless the city has determined that public facilities are adequate to serve the needs of the proposed development or unless the developer agrees in writing that no certificate of occupancy shall be issued for the proposed development until public facilities are adequate to serve its needs as specified in the following portions of this article. The concurrency determination shall be made at the earliest appropriate stage of the development permit review process.

(b)

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

Sanitary Sewer:

Plant #1—118 gallons per capita per day.

Plants #2 and #3—85 gallons per capita per day.

Solid Waste:

5.0 pounds per capita per day.

Drainage:

Potable Water:

105 gallons per capita per day

Roadways:

Level of Service (LOS) "D" at peak hours subject to the additional requirements of (c) below.

Recreation:

3 acres per 1,000 population

Mass Transit:

Daily bus service to 70 percent of residents and businesses

Notwithstanding the foregoing, the prescribed levels of service do not necessarily have to be met during construction of new development if upon completion the prescribed levels of service will be met in accordance with section 16-62.

(c)

Detailed traffic level of service (LOS) requirements. For arterial and collector streets; development permits shall be issued only if (note: County TRIPS model run of February 21, 1989 shall be basis from existing volumes):

(1)

Road segment is at LOS "D" or better, and:

• segment not in "compact deferral area," and

• segment would not go below "D" due to project trips

however, if:

• segment is in "compact deferral area," or

• segment would go below "D" due to project trips, then either

• an "action plan" must be approved or one (1) of the means for achieving LOS "D," as outlined in subsection 16-62(1)(b), must be demonstrated.

(2)

Road segment is now below "D":

• and volumes on road segment, after project completion will not exceed one hundred ten (110) percent of the February 21, 1989 volume.

(3)

Road segment is now below "D" and in "compact deferral area" but an improvement is planned (as defined by Broward County LDR):

• the one hundred ten (110) percent maintain described above can be achieved, and

• after the "planned improvement," LOS "D" can be achieved.

or

• "action plan" is approved, or

• one of the means for achieving "D" as outlined in subsection 16-62(1)(b) is demonstrated.

(4)

Road segment is "constrained" (see definitions) and operating below LOS "D" and not in a "compact deferral area."

(5)

Road segment is "constrained" and operating below LOS "D" and in a "compact deferral area":

• the segment must not exceed the one hundred ten (110) percent measure, or

• an "action plan" must be approved, or the segment must be in an approved Special Transportation Area (STA).

(Ord. No. 402-97-E, § 1, 8-26-97)

The following development permits shall be subject to concurrency review, including a change of occupancy that involves a building permit or increase in required parking. The review shall occur at the earliest appropriate submittal stage in the development permit review process.

(1)

All development permits and development authorization letters requiring city approval (see section 16-28 for list) except as noted in (3) below.

(2)

Traffic concurrency only shall be considered vested or approved for plats approved by Broward County between March 20, 1979 and October 1, 1989, assuming there is no replat. Otherwise, they shall be subject to concurrency review.

(3)

Property which is exempt:

a.

Development which is authorized by an approved development of regional impact (DRI) development order except for water and sewer concurrency determinations.

b.

Development which is found by the city planner to have vested rights with regard to any affected roadway segments (see subsection 5-181(n) of the 1989 Broward County Land Development Code) or other public facility capacity reservations. However, the only projects that will be considered fully vested are those that either a) had a valid building permit as of January 9, 1990, or b) received site plan approval between July 9, 1988 and January 9, 1990, and obtained a building permit within eighteen (18) months of that site plan approval.

c.

Development of one (1) single-family or duplex dwelling on a lot which was in single and separate ownership on January 1, 1990.

d.

Any change of use which clearly causes no increase in public facility usage due to the similarities of the uses; however, any increase in required parking shall require a concurrency review.

e.

Development which is a government facility which the city commission finds is essential to the health, safety or welfare of persons residing in or using previously approved or existing development.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-12-E, § 7, 4-10-12)

(a)

Water and wastewater. Measurement of the capacity of water and wastewater lines or treatment facilities will be based on design capacities and existing flows. Chapter 15 of the Code of Ordinances shall be used to calculate design flows to be generated by the project.

(b)

Roadways.

(1)

The standard for measuring highway capacities shall be a combination of a Broward County Office of Planning TRIPS model run, City Comprehensive Plan traffic tables and Florida DOT Table of Generalized Daily Level-of-Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies or other data provided that analysis techniques are technically sound and acceptable to the Broward County Office of Planning and/or the department. Land use trip generation shall be determined by the County TRIPS Generation Rate Table. Any developments that are determined to be within or create a "compact deferral area" may have to be reviewed in conjunction with the Broward County Office of Planning and any other affected agencies to determine if an "action plan" can resolve the capacity deficiencies. See subsection 16-59(c) above for further details on road segments at or below LOS "D."

(2)

The area of impact of the development (a traffic shed) shall be determined in accordance with Broward County Land Development Code Trafficways Plan criteria. The traffic shed shall be that area where the primary impact of traffic to and from the site occurs. If the application is for a single-family or duplex development, 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)

The projected level of service for arterials and collectors within the traffic shed shall be calculated based upon estimated trips to be generated by the project, or where applicable, the first phase of the project, and taking into consideration the impact of other approved but not completed developments within the traffic shed.

(c)

Drainage. Measurement of the adequacy of drainage facilities will be based on a topographic or other map showing elevations plus runoff calculations using a method approved by the South Florida Water Management District. Any alternative such as the use of Comprehensive Plan Figure DR-5 (FDOT chart) must be in a format acceptable to the department.

(d)

Solid waste. Measurement of solid waste shall be based on generation rates shown in Table I.

(e)

Recreation. Measurement shall be based on the latest official planning and engineering department population figures and the city recreation land inventory in comprehensive Plan Table PR-3, or any official supplement thereto.

(f)

Mass transit. The city planner shall maintain a current mass transit route service map together with its relation to the latest existing land use/population data.

TABLE I.
SOLID WASTE GENERATION RATES

(Ord. No. 402-97-E, § 1, 8-26-97)

For purposes of these regulations, 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 come available concurrent with the impact of the development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

1.

The necessary facilities are in place at the time a plat approval is issued, or a plat 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 under way 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 Section 163.3220, Florida Statutes, or an agreement or development order pursuant to chapter 380, Florida Statutes. Such facilities must be consistent with the Capital Improvements Element of the comprehensive plan and approved by the department.

6.

The developer has contributed funds to the City of Sunrise, Broward County or other governmental entity necessary to provide new facilities consistent with the Capital Improvements Element of the City of Sunrise Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city, 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.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

Responsibility. The city planner shall be responsible for monitoring development activity to ensure the development is consistent with the comprehensive plan. The city planner 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 land development regulations or a new or amended land development code, including changes in zoning 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.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

Demonstration of compliance by applicant. The burden of showing compliance with these levels of service requirements shall be upon the applicant. In order to be approved, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards.

(b)

Development permit review. All development permit applications shall be reviewed by the appropriate city departments as specified by the city manager. The city planner shall review all appropriate development permit applications for concurrency.

(c)

Concurrency rights reservation and effective period.

(1)

Site plan, master plan, development agreement: Compliance will be finally calculated and capacity reserved at time of final action on an application for site plan approval pursuant to section 16-31; master development plan approval pursuant to section 16-39, or a development agreement pursuant to section 163.3220, Florida Statutes, for those concurrency services within the authority of the City of Sunrise. Applications for development permits shall be chronologically logged by the department upon approval to determine rights to available capacity.

(2)

Expiration:

a.

When compliance is determined in connection with an application for site plan approval, a building permit application must be submitted within eighteen (18) months of site plan approval to preserve the concurrency reservation and site plan approval. An extension of up to one (1) year may be issued by the department.

b.

When compliance has been determined in connection with an application for master development plan approval, a building permit application must be submitted within eighteen (18) months of master development plan approval, or the master development plan approval shall expire. A compliance determination in connection with a master development plan approval shall also expire if, following issuance of the first building permit, there is no active building permit within the master development plan for a period of two (2) consecutive years, and, under no circumstances shall such a compliance determination be effective for more than ten (10) years. A one (1) time only extension of up to one (1) year may be issued by the department.

c.

When compliance has been determined in connection with a development agreement, such determination of concurrency compliance shall be governed by the development agreement.

(3)

Bonds: At each renewal of public performance bonds, the city shall make a determination if the bonds shall be drawn upon for completion of construction to meet concurrency standards.

(d)

Development permit approval or disapproval. Development permits shall be processed to the furthest degree possible. If concurrency determination of a project show unacceptable levels of service in any one (1) of the necessary public facilities, the project shall not receive development permit approval until one (1) of the six (6) alternatives in section 16-62 is achieved. If capacity conditions change at some time in the future, concurrency shall be rechecked to verify compliance with adopted levels of service. If compliance is found, the development shall be rescheduled for final action.

(e)

Compliance with proportionate fair share mitigation requirements of Section F.S. § 163.3180(16). In compliance with the transportation proportionate fair share requirements of F.S. § 163.3180(16), determination of an applicant's fulfillment of transportation concurrency requirements under the city and county comprehensive plans shall be made, and transit concurrency assessments shall be imposed, in accordance with the methodology provided for transit oriented concurrency districts in subsection 5-182(a)(5)a) of the Broward County Code of Ordinances.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-06-C, § 2, 12-12-06)

Any applicant may appeal a decision of the department relative to this article in accordance with the appeal procedures of subsection 16-48(d)(3).

(Ord. No. 402-97-E, § 1, 8-26-97)

Pursuant to the public school facilities element of the city comprehensive plan (PSFE) and the third amended and restated interlocal agreement for public school facility planning (ILA), the city, in collaboration with Broward County and the School Board of Broward County (school board), shall ensure that public school facilities will be available for current and future students consistent with available financial resources and adopted level of service standards, and that such facilities are available concurrent with the impact of proposed residential development.

(a)

Applications subject to a public school concurrency determination. The city shall not approve an application for a residential plat, replat, plat note amendment, findings of adequacy or any site plan (an "application"), that generates one (1) or more students or is not exempt or vested from the requirements of public school concurrency, until the school board has reported that the school concurrency requirement has been satisfied.

(b)

Exemptions and vested development.

(1)

The following residential applications shall be exempt from the requirements of public school concurrency:

a.

An application which generates less than one (1) student at each level in the relevant Concurrency Service Area (CSA). Such development shall be subject to the payment of school impact fees.

b.

An application for age restricted communities with no permanent residents under the age of eighteen (18). Exemption for an age restricted community shall only be available subject to a recorded restrictive covenant prohibiting the residence of school aged children in a manner not inconsistent with federal, state or local law or regulations.

c.

A development of regional impact (DRI) with a development order issued before the effective date of Senate Bill 360 (July 1, 2005) or an application submitted before May 1, 2005.

d.

As may otherwise be exempted by Florida Statutes.

(2)

The following residential applications shall be vested from the requirements of public school concurrency:

a.

Any application located within a previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:

1.

The mitigation to address the impact of the new students anticipated from the development has been accepted by the School Board consistent with School Board Policy 1161, entitled "Growth Management", as may be amended from time to time.

2.

A declaration of restrictive covenant has been properly executed and recorded by the developer, or the development is located within a boundary area that is subject to an executed and recorded tri-party agreement consistent with School Board Policy 1161, as may be amended from time to time.

3.

The applicant shall provide a letter from the school board or other evidence acceptable to the city verifying 1. and 2. above. Other evidence may include documentation as specified in the tri-party agreement.

b.

Any application which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed project application. This includes any application approved between February 2, 1979 and the effective date of the public school facilities element of the comprehensive plan and this section, which have not expired. In the transmittal of an application to the school board, the city shall include written information indicating that the units in the application are vested.

c.

Any application that has received final approval, and which has not expired, prior to the effective date of the public school facilities element of the city's comprehensive plan.

(3)

To be exempt or vested from the requirements of public school concurrency, an applicant seeking such a determination shall be required to submit documentation with the development application; which shall include written evidence sufficient to verify that the subject development meets the exemptions stated herein, and as such, is exempt from the requirements of public school concurrency.

(c)

Level of service standards. In order to ensure that the capacity of schools is sufficient to support student growth, the City of Sunrise, the school board, and county hereby declare and establish the following school types for the purpose of establishing a uniform, district wide level of service (LOS) for public schools of the same type:

(1)

School Type A is a bounded elementary, middle or high school that has the equivalent of at least ten (10) percent of its permanent Florida Inventory of School Houses (FISH) capacity available onsite in relocatables. The level of service (LOS) for School Type A shall be one hundred (100) percent gross capacity (including relocatables).

(2)

School Type B is a bounded elementary, middle or high school that has less than the equivalent of ten (10) percent of its permanent FISH capacity available onsite in relocatables. The LOS for School Type B shall be one hundred ten (110) percent permanent FISH capacity.

The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective Five-Year Adopted District Educational Facilities Plan (DEFP).

(d)

Concurrency Service Areas (CSAs). The areas for the implementation of public school concurrency in Broward County shall be known as concurrency service areas (CSAs), and such CSAs shall be the approved school boundaries for elementary, middle and high schools as annually adopted by the school board. For the purposes of public school concurrency, such CSAs shall be effective on the first day of the school year, and end on the last day before the beginning of the next school year.

(e)

Student generation rates. The Broward County adopted student generation rate(s) contained in the Broward County Land Development Code Section 5-182(m)(6) "Student Generation Rates," as amended, shall be utilized to determine the potential student impact anticipated from the residential development proposed in submitted development applications.

(f)

Review procedure.

(1)

Public School Impact Application (PSIA). Any applicant submitting a development application with a residential component, that is not exempt or vested, is subject to public school concurrency and shall be required to submit a public school impact application (PSIA) for review by the school board. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school board shall be required prior to acceptance of the application by the city.

(2)

School capacity availability determination (SCAD) letter.

a.

No residential development application or amendments thereto shall be approved by the city, unless the residential development is exempt or vested from the requirements of public school concurrency, until a school capacity availability determination (SCAD) letter has been received from the school board confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the school board. The school board shall send the SCAD letter to the applicant, the Broward County Development Management Division if the application relates to a plat, and the City, no later than forty-five (45) days after acceptance of the completed PSIA.

b.

The school board shall determine the potential student impact from proposed residential development on the applicable CSA by performing the review procedure specified in School Board Policy 1161, as amended.

c.

If the school board reviews an application and determines that sufficient permanent capacity is available at the adopted LOS standard to accommodate students anticipated from the development, the school board shall issue a SCAD letter indicating that adequate school facilities exist to accommodate the student impact and that the proposed development satisfies public school concurrency requirements.

d.

If the SCAD letter states that the development has not satisfied public school concurrency requirements, the SCAD Letter shall state the basis for such determination, and the applicant shall have thirty (30) days to propose proportionate share mitigation to the school board.

e.

If the applicant proposes proportionate share mitigation within the thirty-day deadline, upon the subsequent acceptance of the proposed mitigation by the school board, and upon the execution of a legally binding document among the school board, the city, and the applicant, an amended SCAD letter shall state that adequate capacity anticipated from the accepted proportionate share mitigation will be available to accommodate the student impact anticipated from the proposed development and that the proposed development satisfies public school concurrency requirements. The total amount committed for any mitigation option shall not be less than the school impact fees due for the proposed units as calculated based upon the adopted school impact fee schedule provided in subsection 5-182(m)(3) of the Broward County Code of Ordinances, as amended. The school impact fee for the development shall be considered included in the total proportionate share mitigation amount due or paid. If the school board does not accept the proportionate share mitigation, the amended SCAD letter shall state the basis upon which the mitigation proposal(s) was rejected and why the development is not in compliance with public school concurrency requirements.

f.

An applicant adversely impacted by a SCAD determination may appeal such determination by written request to the School Board within the designated thirty-day time period. A timely request for an appeal shall stay the requirement for an applicant to propose proportionate share mitigation until the appeal has been resolved.

g.

If an application or approval expires, the SCAD letter will no longer be valid.

(g)

Expiration of concurrency/vesting.

(1)

The public school concurrency approval for a residential site plan shall be considered vested, unless the site plan approval expires as provided for within the City Code.

(2)

The public school concurrency approval for a plat shall be considered vested for up to five (5) years beginning from the date the developer received approval from the city. Vesting of a residential application beyond the five years requires that one (1) of the following conditions are met within the five-year period: 1) the issuance of a building permit for a principal building and first inspection approval or 2) substantial completion of project water lines, sewer lines and the rock base for internal roads. If the development was denied, the board shall deduct students associated with the development from its database.

(Ord. No. 402-08-B, § 3, 12-9-08; Ord. No. 402-11-D, § 2, 5-10-11; Ord. No. 402-20-A, § 2, 1-14-20)

Land designated for residential development pursuant to the applicable land development regulations shall be designed to provide for the neighborhood and community park needs of the future residents of the developed area.

(1)

In order to provide lands or funds or both to be used by the city as may be appropriate in order to provide additional neighborhood and community parks necessary to meet the need for such local-level parks created by additional residential development within the city, a developer, at the discretion of the city, must either:

a.

Dedicate land of suitable size, dimension, topography and general character to serve as neighborhood or community parks, which will meet local-level park needs created by the development. The total amount of land to be dedicated either on or off the development site must equal a ratio of at least three (3) acres of land for every one thousand (1,000) potential residents estimated to occupy the development under the following formula:

A developer who proposes to meet the requirements of this section by the dedication of land shall submit the following information to the city:

1.

A plan showing the boundaries of the proposed parkland, the total size of the parcel and location in relation to the proposed residential development and, if necessary, subparcels, and topographic information.

2.

The species, age and condition of significant vegetation on the site.

3.

A schematic concept plan which illustrates the possible use area of the park, including possible active (sports fields) and passive uses.

4.

Basic dimensions for the use areas.

5.

Pedestrian access and street frontages.

6.

Evidence that the site has passed a phase one (1) environmental audit conducted within the last six (6) months.

7.

Results of a recent soil analysis of the site.

The community development and leisure services departments shall review the submittals and make a recommendation to the city commission on the suitability of the site as a future neighborhood or community park. Park dedications shall be conveyed to the city by special warranty deed. The land shall be free of all liens and mortgages. All property taxes for prior years shall be paid and the developer shall deposit with the Broward County Revenue Collector its prorated share of the current year's property taxes. Conveyance of the dedicated property shall take place concurrent with city approval of a site plan for any portion of the residential development for which the dedication is being made.

or:

b.

Prior to issuance of the first building permit for the development, agree to deposit in a nonlapsing trust fund, established and maintained by the city, an amount of money equal to or exceeding the value of such amount of land as would have been required under subsection (1)a. as determined by an appraisal obtained by the city of the land for which the dedication requirement is imposed. The developer's fee shall be the proportionate share of the appraised value of the site. For example, if a developer is required by the formula in subsection (1)a. to provide three (3) acres of parkland and the gross acreage of land being developed is thirty (30) acres, which is determined to have an appraised value of three million dollars ($3,000,000.00), then the fee is one tenth ( 1/10 ) the value of the gross acreage, or three hundred thousand dollars ($300,000.00).

or:

c.

Agree to deposit in a nonlapsing trust fund, established and maintained by the city, an amount in accordance with the following fee schedule which such amount shall be paid upon the issuance of a building permit:

(2)

Moneys deposited by a developer pursuant to this section shall be expended within six (6) years for the purpose of acquiring or developing land necessary to meet the need for local-level parks created by the development or for the purpose of making capital improvements to parks under the jurisdiction of the City of Sunrise. If the fees collected are not spent within six (6) years, the fees paid shall be refunded without interest upon application to the city to the current owner of the property for which the fee was paid. In order to provide a system of local-level parks which will be available to and substantially benefit the residents of the developed area, it is the intent of this section that moneys contributed by a developer be used to acquire or develop neighborhood and community parks where such suitable vacant land exists or to make capital improvements to parks under the jurisdiction of the City of Sunrise.

(3)

Uniform DRI credit procedure.

a.

Whenever a parkland dedication is required by a development order approving a development of regional impact (DRI), any land within the DRI designated for residential use shall receive a credit equivalent to the amount of the park dedication in-lieu fee that would have been charged by the city as a precondition to the issuance of building permits for the number of residential units proposed for the DRI, provided the amount of acreage to be dedicated meets or exceeds the city's standard of three (3) acres per one thousand (1,000) residents. The non-cash credit shall be used to offset the park in-lieu fee that would have been charged as a precondition to issuance of a building permit. If the developer voluntarily dedicates parkland and exceeds the three-acre per one thousand (1,000) standard, credits shall be limited to the number of residential units originally contemplated by the development order for land designated for residential use in the original DRI Master Plan. No additional credits shall be provided if the developer later increases the number of residential units originally contemplated for the DRI. Credits shall be applied on a first-come first-served basis. Unused credits shall not be transferable to residential units located on land outside the DRI.

b.

If the land dedicated required by the development order takes place after residential development has commenced and park in-lieu fees have been paid to the city, the city shall refund without interest any such fees paid to the current owner of the land or residential unit. The refund shall be the amount paid as a precondition to issuance of a building permit for such land or residential unit.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-11-E, § 2, 9-12-11)