PLAN CONSISTENCY, CONCURRENCY MANAGEMENT, AND MOBILITY MANAGEMENT
(A)
All development orders reviewed after the effective date of the Comprehensive Plan shall be issued only if they are consistent with the goals, objectives, and policies contained within the Plan. Requests for development order approval shall be reviewed in accordance with, and shall be consistent with, all elements of the Comprehensive Plan.
(B)
"Consistency" shall mean to further the intent of the Comprehensive Plan. "Inconsistency" exists when a development order is in conflict with the goals, objectives, and policies of the Comprehensive Plan.
(C)
The provisions of this Code are intended to implement the requirements of the Comprehensive Plan, and it shall be presumed that a development order which is found to meet all the requirements of this Code is consistent with the Comprehensive Plan.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
No development order may be issued where the required levels of service provided below are not available concurrent with the impacts of the development.
(B)
All requests for site plan, subdivision, zoning/land use, or conditional use approval shall be required to demonstrate that the required facilities provided below are available at the prescribed levels of service concurrent with the impacts of the development.
(C)
The burden of demonstrating compliance with the level of service requirements shall be upon the applicant for development approval.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
The provisions of this Article shall not affect the validity of any of the following lawfully issued and effective development orders:
(1)
The development activity is authorized by an effective building permit where construction has commenced prior to May 1, 1990 or application for a building permit has been made prior to May 1, 1990, said permit is granted and does not expire, and the development activity continues without interruption until the development is complete. Extensions to said permit shall not be granted if there is a conflict with any of the provisions of this Article or any other provision of this Code.
(2)
The development activity is authorized by an effective site plan approval which has been granted prior to May 1, 1990, and the development activity commences prior to the expiration date of the original site plan approval and continues without interruption until the development is complete. In the event that a site plan approval involves a phased project, the succeeding phases of that site plan shall retain vested status provided that the approval of the original phase does not expire and each subsequent phase continues without interruption until the development is complete. Unless an alternate phasing plan was approved by the City prior to May 1, 1990, the vested status of each subsequent phase shall expire one year per phase after the initial approval date.
(3)
The development activity is authorized as a lawfully approved or constructed subdivision for one and two family dwellings. The subdivision shall be considered lawfully approved or constructed if one or more of the following conditions are met:
(a)
The subdivision plat has been legally recorded and the on-site improvements required by the initial approval are either completed or bonded by May 1, 1990.
(b)
The site plan or construction drawings have been approved prior to May 1, 1990 and their status remains vested pursuant to the site plan provisions of subsection (A)(2) of this section.
(4)
The development activity is authorized by an effective development order relating to a Development of Regional Impact approval prior to May 1, 1990. In the event that a modification is made to a Development of Regional Impact which results in an increase in the number of dwelling units or nonresidential gross floor area, then the project shall no longer be considered vested.
(B)
For the purposes of this section, "interruption" shall be defined as when construction activity for a period greater than 1 year ceases or when construction activity not in accordance with an approved Phasing Plan ceases.
(C)
Any development activity that is excepted from the provisions of this Code pursuant to the provisions of this section shall remain consistent with the previously approved development order. In the event that a major revision to the development order as defined by § 210.05 of this Code is requested, the development must comply with the provisions of this Article.
(D)
Any development activity that is excepted from the provisions of this Code pursuant to this section must meet the requirements of the regulations in effect at the time the development order was approved. If the development order expires for any reason, any further development activity shall occur only in conformance with the requirements of this Article along with all other provisions of this Code.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
A valid Certificate of Concurrency shall be required prior to the issuance of any development order. The certificate shall be issued by the City based upon a review of the project's compliance with the adopted level of service standards for the affected public facilities.
(B)
A Certificate of Concurrency shall be issued as follows:
(1)
Approval by the Board of Commissioners at the time of Conditional Use, Planned Development, Final Site Plan or Final Subdivision Plat approval.
(2)
Approval by the Planning and Zoning Department at the time of Building Permit approval for single family and two family dwellings.
(3)
The determination shall be in accordance with the requirements of this Article.
(4)
An application for a Certificate of Concurrency shall be processed along with an application for Conditional Use, Planned Development, Final Site Plan, Final Subdivision Plat or Building Permit review.
(C)
An approved Certificate of Concurrency shall be valid for 1 year from the date of issuance unless an alternate phasing plan is approved by the Board of Commissioners at the time of site plan review. No extensions may be granted.
(D)
Any change to an approved development order which results in a greater impact on one or more of the required public facilities shall require the issuance of a new Certificate of Concurrency from the authority granting the original certificate which follows the procedure for development order approval required by this Code.
(E)
No transfers of capacity shall be allowed from one parcel to another.
(Ord. 90-10, passed 5-1-90; Am. Ord. 90-52, passed 12-18-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Any applicant who has been aggrieved by a decision of the City related to the application for a Certificate of Concurrency may request a review of that decision.
(B)
The request for appeal shall be made within 30 days of the date of the original decision.
(C)
The request for an appeal shall be in writing to the Planning and Zoning Department and shall indicate the following:
(1)
The property involved;
(2)
The owner of record of the property involved ;
(3)
The date the original decision was made;
(4)
The file or permit number of the original application; and
(5)
The fee required by this Code.
(D)
The request for appeal shall be heard by a Hearing Officer from and assigned by the Florida Department of Administrative Hearings.
(E)
The applicant for appeal shall be required to present substantial competent evidence to the Hearing Officer that establishes the decision relating to the application for a Certificate of Concurrency is not in compliance with this Article and this Code.
(F)
In reviewing the appeal, the Hearing Officer shall represent the public interest consistent with the requirements of F.S. Ch. 163, shall follow any applicable requirements of the Florida Administrative Code, and shall follow the provisions of this Code or any other applicable City ordinance.
(G)
In conducting administrative hearings, the Hearing Officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers, and other documents, and receive evidence. The Hearing Officer, in the conduct of such hearings, shall utilize a procedure similar to that set out in F.S. §§ 120.57(1) and 120.58.
(H)
All orders prepared by the Hearing Officer shall conform with the requirements for such orders as set out in F.S. § 120.59. The Hearing Officer shall present the Order of Findings of Fact and Conclusions to the Board of Commissioners and City Manager. The decision of the Hearing Officer shall be final.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
An annual report relating to the status of the adopted level of service standards, the status of approved development orders, and the status of the adopted Capital Improvements Element of the Comprehensive Plan shall be presented to the Board of Commissioners by the Planning and Zoning Department.
(B)
The annual report shall be prepared in conjunction with the next year's fiscal budget adoption process and shall be presented prior to the end of the calendar year.
(C)
The capacity of each public facility shall be based upon the calculations set forth in this Article and account for committed development utilizing a reasonable projection for the progress of each proposal and population growth projections.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
For the purposes of this Code the determination of available levels of service shall be made as follows:
(1)
Add together the total capacity of existing facilities and the total capacity of new facilities that will become available concurrent with the impact of the development.
(2)
The total capacity of new facilities may be relied upon only if one or more of the following conditions can be demonstrated:
(a)
Construction of the new facility is underway at the time the development order is issued.
(b)
The new facility is the subject of a binding contract executed for construction at the time the development order is issued.
(c)
The new facility is included in the adopted annual budget of the responsible agency at the time the development order is issued.
(d)
The new facility is guaranteed in an enforceable development agreement at the time the development order is issued. An enforceable development agreement shall include, but not be limited to, agreements pursuant to F.S. § 163.3220 or orders pursuant to F.S. Ch. 380.
(e)
The developer has committed through the development review process to provide the necessary facility improvements.
(3)
Subtract the demand for the facility evidenced by existing development along with the new demand that will be created by the proposed development along with the new demand anticipated by other presently approved but not completed development orders and presently vested but not completed development orders.
(B)
Project phasing may be required to maintain required levels of service.
(C)
In the event that facilities relied upon to maintain required levels of service are not constructed the City shall re-review the impacts of the affected development orders to determine whether existing Certificates of Concurrency remain valid.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
Minimum design flow, 150 GPCD.
(2)
Minimum pressure, 45 psi to user.
(B)
The estimated water consumption in terms of gallons per day shall be provided.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
Minimum design flow, 200 GPCD
(2)
Reduction of minimum design flow by 1992, 175 GPCD.
(B)
The peak design flow shall not exceed 1.3 times the average daily GPCD.
(C)
The sanitary sewage disposal system shall comply with all pertinent federal, state, and local standards for effluent and sludge disposal at the time a development order is issued.
(D)
The additional flow shall not exceed the treatment plant design capacity at the time a development order is issued.
(E)
The estimated sanitary sewage flow in terms of gallons per day shall be provided.
(F)
The additional flow shall not exceed the flow capacity of transmission lines at the time a development order is issued.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
25 year frequency storm, 24 hour duration.
(2)
Post development runoff shall not exceed predevelopment runoff for quality and quantity.
(B)
The proposed drainage system shall comply with the development standards for drainage of this Code (including the retrofitting requirements for existing systems), and the ambient water quality and quantity standards of Southwest Florida Water Management District, Florida Department of Environmental Protection, and Chapter 17-25, FAC.
(C)
The discharge of drainage shall not further degrade the receiving surface water body.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following level of service shall be demonstrated:
(1)
1.3 tons per person per year.
(B)
A solid waste management plan is required where hazardous materials are involved for storage or disposal.
(C)
The estimated solid waste disposal in terms of tons per year shall be provided.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
Recreation facilities
(2)
Recreation site acreage
(a)
Neighborhood/Community parks 2 acres per 1,000 population
(b)
Open Space 1 acre per 1,000 population
(c)
Regional parks 20 acres per 1,000 population
(d)
Urban District parks 5 acres per 1,000 population
(3)
Park site design standards
(a)
Neighborhood park
1.
Service Radius: ½ mile
2.
Population Served: 3,000 to 5,000 residents
3.
Site Size: 1 to 10 acres
4.
Level of Service: 2 acres per 1000 population served
5.
Typical Facilities:
a.
Landscaped Picnic Area
b.
Children's Play Area (with equipped play area)
c.
Multi-purpose Ballfields (play and recreation)
d.
Benches and Passive Areas
e.
Hardcourt Area (tennis, basketball, volleyball)
f.
Security Lighting
(b)
Community Park
1.
Service Radius: 2 miles
2.
Population Served: 15,000 to 25,000 residents
3.
Site Size: 10 to 40 acres
4.
Level of Service: 2 acres per 1000 population served
5.
Typical Facilities:
a.
One or More Lighted Multi-Purpose Ballfields
b.
League/Tournament Ballfields
c.
Recreation-Activity Building
d.
Play Apparatus Areas
e.
Gymnasium
f.
Swimming Pool
g.
Two or More Tennis Courts
h.
Family or Grouped Picnic Area
i.
One or More Lighted Hardcourt Areas (tennis, basketball, volleyball, handball/racquetball)
j.
Security Lighting
k.
Parking Areas
l.
Boat Ramps
(B)
Development proposals on the north side of the Anclote River shall provide a minimum 35-foot wide easement to comply with the Rails-to-Trails Program where inclusion of the abandoned SCL railroad right-of-way in the project is involved, and/or assist in providing a site for a minimum 10 acre neighborhood park in a location accessible to residential areas.
(C)
Future recreation and park sites designated by the Comprehensive Plan shall be held inviolate against diversion to other uses except where an overriding public need is demonstrated.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Florida House Bill 7207, the Community Planning Act, was legislated in 2011. The Act eliminated state mandated concurrency management requirements related to transportation facilities for local governments.
(B)
In 2013, the Pinellas County Metropolitan Planning Organization approved the Pinellas County Mobility Plan Report. The intent of the Mobility Plan is to replace local transportation concurrency management programs with a system that provides local governments with the means to manage the traffic impacts of development projects without requiring developers to meet adopted level of service standards.
(C)
The transportation element of the comprehensive plan identifies a number of highway system facilities operating under deficient level of service conditions. These require the application of Mobility Plan provisions in order to manage transportation impacts and to increase mobility through the use of multimodal impact fees to fund transportation improvements.
(D)
The 2012 Moving Ahead for Progress in the 21st Century (MAP 21) Act, which sets forth requirements for metropolitan transportation planning, promotes integrated transportation systems that maximize mobility and accessibility and the preservation, rather than the construction, of highways.
(E)
The City of Tarpon Springs Comprehensive Plan provides data, analysis, and policies supporting the intent of the City to manage the impacts of development on facilities operating with deficient level of service conditions through the application of the Pinellas County Mobility Plan and supporting land use policies.
(F)
Transportation management plan strategies are important tools for local governments to manage development impacts while maximizing mobility and accessibility consistent with the comprehensive plan and MAP 21.
(G)
The Community Planning Act encourages the coordination of planning and growth management activities among local governments, the Metropolitan Planning Organization and regional and state government agencies.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.01 and enacted a new § 122.11.01 as set out herein. The former § 122.11.01 pertained to minimum acceptable level of service of LOS and derived from Ord. 90-10, passed 5-1-90; Am. Ord. 91-06, passed 3-20-91; Am. Ord. 93-25, passed 9-21-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 93-34, passed 10-19-93 and Am. Ord. 96-26, passed 12-3-96.
It is the purpose of this division to establish a transportation management system to ensure that the impacts of development on transportation facilities and services are effectively managed while increasing mobility for pedestrians, bicyclists, transit users and motor vehicles.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.02 and enacted a new § 122.11.02 as set out herein. The former § 122.11.02 pertained to congestion containment corridor and derived from Ord. 96-26, passed 12-3-96.
(A)
Transportation management plans are to be submitted by applicants of development projects in conjunction with their site plans. Transportation management plans are required for development applications seeking to utilize transportation management strategies/improvements to address their development impacts. The extent of the strategies/improvements included in an approved transportation management plan in terms of the scale of the project(s) and roadway capacity and/or mobility benefits provided shall be based primarily on the projected impact of the development project on the surrounding traffic circulation system. Specific conditions of the deficient road corridor impacted by the development will also be considered. Transportation management plan strategies/improvements applicable to development projects within deficient road corridors will be determined at the time of site plan review. Should the impacts of the development project impact a road under the jurisdiction of an adjacent local government or FDOT, the identification of appropriate TMP strategies shall be coordinated with the affected jurisdiction(s). Transportation management plans must be developed by the applicant and accepted by the City. Transportation management plan strategies/improvements include, but are not limited to those listed below.
(1)
Intensity reduction. The intensity of the proposal may be reduced through an across-the-board reduction of the permitted floor area ratio, as it would otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply.
(2)
Density reduction. The density of the proposal may be decreased by a reduction in the number of units per acre below that which would otherwise normally apply to the proposal.
(3)
Project phasing. A project may be divided into logical phases of development by area, with later phases of the development proposal's approval withheld until the needed facilities are available.
(4)
Outparcel deletion. Those portions of the proposal characterized as outparcels that create separate and unique impacts may be deleted from the total proposal.
(5)
Physical highway improvements. A project may construct link capacity improvements, acceleration/deceleration lanes, intersection improvements or frontage roads.
(6)
Operational improvements (signal). This includes efforts involving signal removal or signal timing improvements.
(7)
Access management strategies. These include access management controls such as the preclusion of a direct connection to a deficient facility, right-in/right-out driveways, alternative driveway locations, reduction of a driveway, single point access, shared access or the implementation of median controls.
(8)
Mass transit initiatives. A project may implement a plan to encourage transit (e.g., employer-issued bus passes). Other mass transit initiatives may include, but are not limited to, direct route subsidies, provision of feeder service or the construction of bus stop amenities, bus pull-off areas and dedication of park and ride parking spaces.
(9)
Demand management/commuter assistance. These include efforts to encourage ride-sharing (e.g., designated parking spaces for carpools, employer-sponsored carpool program, participation in transportation management organization/initiative programs), and to implement flexible work hour and telecommuting programs.
(10)
Bicycle/pedestrian improvements. These would involve structural improvements or construction of a bikeway or sidewalk connecting an existing bikeway/sidewalk network or providing access to a school, park, shopping center, etc. These improvements may also include pedestrian treatments in parking areas, sidewalks connecting developments with adjacent land uses, trail improvements and bicycle rack and on-street bicycle lane installations, and the planting of trees to provide shade canopy along sidewalks.
(11)
Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through intersections quickly. It also includes freeway management systems, such as electronic message signs, and electronic fare payment on public buses that reduce passenger boarding time.
(12)
Livable community site design features. These include, but are not limited to, implementation of pedestrian friendly site design features such as orienting buildings toward the street and parking lots to the side or rear of buildings.
(B)
Transportation management plans seeking to implement strategies that do not involve structural improvements, such as ride-sharing and transit incentive programs, must include a monitoring program to ensure the strategies are carried out in accordance with the plan, as developed by the applicant and accepted by the City.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.03 and enacted a new § 122.11.03 as set out herein. The former § 122.11.03 pertained to de minimis impact and derived from Ord. 90-10, passed 5-1-90; Am. Ord. 91-06, passed 3-20-91; Am. Ord. 93-25, passed 9-21-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 93-34, passed 10-19-93 and Am. Ord. 96-26, passed 12-3-96.
(A)
Deficient road corridors include parcels within one-half mile of the centerline or terminus of a facility operating under a deficient level of service.
(B)
In support of the provisions of this section regarding deficient road corridors, policies in the comprehensive plan seek to discourage future land use map (FLUM) amendments that allow for an increase in automobile trips generated from sites proposed for amendment. Exceptions to this provision may apply within road corridors where the comprehensive plan is seeking increased densities and intensities for planning purposes.
(C)
Development projects located within deficient road corridors that generate between 51 and 300 new peak hour trips are classified as tier 1.
a.
Developers of tier 1 projects are required to submit a transportation management plan designed to address their impacts while increasing mobility and reducing the demand for single occupant vehicle travel.
b.
The cost of transportation management strategies implemented for tier 1 projects are creditable toward their multimodal impact fee assessment in accordance with the Multimodal Impact Fee Ordinance. If the cost of the improvement exceeds the assessment, the development project would not be subject to payment of the fee.
(D)
Development projects located within deficient road corridors that generate more than 300 new peak hour trips are classified as tier 2. Developers of tier 2 projects are required to conduct a traffic study and submit an accompanying report. The report shall include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. The report shall be submitted to the Planning and Zoning Department for review. The cost of transportation management strategies implemented for tier 2 projects may be applied as credit toward the project's multimodal impact fee assessment in accordance with the Multimodal Impact Fee Ordinance or payment of the fee could be included as part of a transportation management plan.
(E)
Development projects that generate less than 51 new peak hour trips are required to pay a multimodal impact fee in accordance with the Multimodal Impact Fee Ordinance. They are not required to submit a transportation management plan or traffic study.
(F)
A traffic study and corresponding transportation management plan for a land development project generating more than 50 new peak hour trips outside a deficient road corridor may be required if through the site plan review process the local government determines that operational improvements such as intersection or median modifications are necessary to accommodate the additional trips generated by the proposed land use.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.04 and enacted a new § 122.11.04 as set out herein. The former § 122.11.04 pertained to proportionate fair-share mitigation of development impacts on transportation corridors and derived from Ord. 2006-34, passed 10-17-06.
Determination of trip generation shall be based on the Pinellas County Transportation Impact Fee Ordinance fee schedules and latest edition of the Institute of Transportation Engineers Trip Generation Manual.
(Ord. No. 2017-07, passed 5-2-17)
(A)
All requests for site plan, subdivision, zoning/land use, or conditional use approval which entails residential development of 10 or more units, and which involves a site that is wholly or partially located within Pinellas County Evacuation Zone A, B, or C, shall prepare and submit an analysis which indicates that available shelter space will not be exceeded. Shelter analysis shall be performed based upon a Category 3 hurricane impact and shall be performed based on the area bounded on the south by Nebraska Avenue on the east by East Lake Road and the north by the Pinellas/Pasco County Line.
(B)
Shelter space demand analysis shall be based upon the most recent available data from Pinellas County Emergency Management or the Tampa Bay Regional Planning Council and shall utilize shelter and demand assessment methodology established or accepted by Pinellas County Emergency Management. All assessments must be reviewed and verified for accuracy by the Technical Review Committee. Alternatively, the City may utilize outside professional consultant services for review. Applicants may utilize alternate shelter utilization and persons per household rates using documented and industry/discipline-acceptable data sources such as current State of Florida, local, or regional governmental agency studies. If alternate data sources are pro posed for the study, the applicant shall notify the City Manager or designee in writing of the alternate shelter utilization and persons per household rates intended for use, including citations and copies or links to the data sources.
(C)
The study shall provide solutions for mitigation where a shelter deficit is projected. The solutions must provide for mitigation equivalent to the proposed development's anticipated hurricane preparedness impacts, and may utilize any single or combination of the following mitigative techniques:
(1)
The donation of land for public facilities.
(2)
The donation or use of private structures as hurricane shelter space.
(3)
The provision of payments to upgrade existing shelters, to include the addition of storm shutters, provision of electric generators, provision of a food supply, provision of potable water storage capacity, and other items which are determined necessary by the Red Cross and Pinellas County Emergency Management Department to upgrade existing shelters.
(4)
The provision of on-site shelter space when the project includes a community center or other suitable facility. The provision of on-site shelter space shall be at the ratio of 10 to 20 square feet per resident, and shall equal the proposed development's anticipated hurricane shelter space demand.
(5)
The provision of funds to be used for the purpose of training shelter volunteers or for the purpose of enhancing existing public information programs.
(6)
The provision for a limitation on density, or project phasing.
(7)
The provision and maintenance of a public information program and hurricane evacuation fund within a homeowner) association.
(8)
The provision for the elevation of all roads within the proposed development above the flood level of a category three hurricane event, making evacuation more feasible.
(9)
The provision of improvements to the evacuation routes, including roadway capacity improvements and the provision of funds for the posting of evacuation routes.
(10)
The provision of funds to be used for the purpose of procuring communication equipment which would upgrade existing warning and notification capability.
(11)
Nothing contained in this section shall preclude the use of alternative mitigative techniques.
(12)
Any alternative mitigative technique shall provide reasonable assurance regarding the alternative's ability to reduce the development's impact upon demand for hurricane shelter space.
(13)
Utilization of Coastal High Hazard Area Design Standards of Section 149.01
(Ord. No. 2017-07, passed 5-2-17; Am. Ord. 2019-21, § 1, 12-10-19; Ord. No. 2022-24, passed 9-19-23)
Editor's note— Ord. No. 2017-07, passed 5-2-17, renumbered § 122.13, pertaining to hurricane shelter impact study, as 122.12.
(Sample "Certificate of Concurrency" reproduced on following page.)
SAMPLE CERTIFICATE OF CONCURRENCY
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2019-21, § 1, 12-10-19)
PLAN CONSISTENCY, CONCURRENCY MANAGEMENT, AND MOBILITY MANAGEMENT
(A)
All development orders reviewed after the effective date of the Comprehensive Plan shall be issued only if they are consistent with the goals, objectives, and policies contained within the Plan. Requests for development order approval shall be reviewed in accordance with, and shall be consistent with, all elements of the Comprehensive Plan.
(B)
"Consistency" shall mean to further the intent of the Comprehensive Plan. "Inconsistency" exists when a development order is in conflict with the goals, objectives, and policies of the Comprehensive Plan.
(C)
The provisions of this Code are intended to implement the requirements of the Comprehensive Plan, and it shall be presumed that a development order which is found to meet all the requirements of this Code is consistent with the Comprehensive Plan.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
No development order may be issued where the required levels of service provided below are not available concurrent with the impacts of the development.
(B)
All requests for site plan, subdivision, zoning/land use, or conditional use approval shall be required to demonstrate that the required facilities provided below are available at the prescribed levels of service concurrent with the impacts of the development.
(C)
The burden of demonstrating compliance with the level of service requirements shall be upon the applicant for development approval.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
The provisions of this Article shall not affect the validity of any of the following lawfully issued and effective development orders:
(1)
The development activity is authorized by an effective building permit where construction has commenced prior to May 1, 1990 or application for a building permit has been made prior to May 1, 1990, said permit is granted and does not expire, and the development activity continues without interruption until the development is complete. Extensions to said permit shall not be granted if there is a conflict with any of the provisions of this Article or any other provision of this Code.
(2)
The development activity is authorized by an effective site plan approval which has been granted prior to May 1, 1990, and the development activity commences prior to the expiration date of the original site plan approval and continues without interruption until the development is complete. In the event that a site plan approval involves a phased project, the succeeding phases of that site plan shall retain vested status provided that the approval of the original phase does not expire and each subsequent phase continues without interruption until the development is complete. Unless an alternate phasing plan was approved by the City prior to May 1, 1990, the vested status of each subsequent phase shall expire one year per phase after the initial approval date.
(3)
The development activity is authorized as a lawfully approved or constructed subdivision for one and two family dwellings. The subdivision shall be considered lawfully approved or constructed if one or more of the following conditions are met:
(a)
The subdivision plat has been legally recorded and the on-site improvements required by the initial approval are either completed or bonded by May 1, 1990.
(b)
The site plan or construction drawings have been approved prior to May 1, 1990 and their status remains vested pursuant to the site plan provisions of subsection (A)(2) of this section.
(4)
The development activity is authorized by an effective development order relating to a Development of Regional Impact approval prior to May 1, 1990. In the event that a modification is made to a Development of Regional Impact which results in an increase in the number of dwelling units or nonresidential gross floor area, then the project shall no longer be considered vested.
(B)
For the purposes of this section, "interruption" shall be defined as when construction activity for a period greater than 1 year ceases or when construction activity not in accordance with an approved Phasing Plan ceases.
(C)
Any development activity that is excepted from the provisions of this Code pursuant to the provisions of this section shall remain consistent with the previously approved development order. In the event that a major revision to the development order as defined by § 210.05 of this Code is requested, the development must comply with the provisions of this Article.
(D)
Any development activity that is excepted from the provisions of this Code pursuant to this section must meet the requirements of the regulations in effect at the time the development order was approved. If the development order expires for any reason, any further development activity shall occur only in conformance with the requirements of this Article along with all other provisions of this Code.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
A valid Certificate of Concurrency shall be required prior to the issuance of any development order. The certificate shall be issued by the City based upon a review of the project's compliance with the adopted level of service standards for the affected public facilities.
(B)
A Certificate of Concurrency shall be issued as follows:
(1)
Approval by the Board of Commissioners at the time of Conditional Use, Planned Development, Final Site Plan or Final Subdivision Plat approval.
(2)
Approval by the Planning and Zoning Department at the time of Building Permit approval for single family and two family dwellings.
(3)
The determination shall be in accordance with the requirements of this Article.
(4)
An application for a Certificate of Concurrency shall be processed along with an application for Conditional Use, Planned Development, Final Site Plan, Final Subdivision Plat or Building Permit review.
(C)
An approved Certificate of Concurrency shall be valid for 1 year from the date of issuance unless an alternate phasing plan is approved by the Board of Commissioners at the time of site plan review. No extensions may be granted.
(D)
Any change to an approved development order which results in a greater impact on one or more of the required public facilities shall require the issuance of a new Certificate of Concurrency from the authority granting the original certificate which follows the procedure for development order approval required by this Code.
(E)
No transfers of capacity shall be allowed from one parcel to another.
(Ord. 90-10, passed 5-1-90; Am. Ord. 90-52, passed 12-18-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Any applicant who has been aggrieved by a decision of the City related to the application for a Certificate of Concurrency may request a review of that decision.
(B)
The request for appeal shall be made within 30 days of the date of the original decision.
(C)
The request for an appeal shall be in writing to the Planning and Zoning Department and shall indicate the following:
(1)
The property involved;
(2)
The owner of record of the property involved ;
(3)
The date the original decision was made;
(4)
The file or permit number of the original application; and
(5)
The fee required by this Code.
(D)
The request for appeal shall be heard by a Hearing Officer from and assigned by the Florida Department of Administrative Hearings.
(E)
The applicant for appeal shall be required to present substantial competent evidence to the Hearing Officer that establishes the decision relating to the application for a Certificate of Concurrency is not in compliance with this Article and this Code.
(F)
In reviewing the appeal, the Hearing Officer shall represent the public interest consistent with the requirements of F.S. Ch. 163, shall follow any applicable requirements of the Florida Administrative Code, and shall follow the provisions of this Code or any other applicable City ordinance.
(G)
In conducting administrative hearings, the Hearing Officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers, and other documents, and receive evidence. The Hearing Officer, in the conduct of such hearings, shall utilize a procedure similar to that set out in F.S. §§ 120.57(1) and 120.58.
(H)
All orders prepared by the Hearing Officer shall conform with the requirements for such orders as set out in F.S. § 120.59. The Hearing Officer shall present the Order of Findings of Fact and Conclusions to the Board of Commissioners and City Manager. The decision of the Hearing Officer shall be final.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
An annual report relating to the status of the adopted level of service standards, the status of approved development orders, and the status of the adopted Capital Improvements Element of the Comprehensive Plan shall be presented to the Board of Commissioners by the Planning and Zoning Department.
(B)
The annual report shall be prepared in conjunction with the next year's fiscal budget adoption process and shall be presented prior to the end of the calendar year.
(C)
The capacity of each public facility shall be based upon the calculations set forth in this Article and account for committed development utilizing a reasonable projection for the progress of each proposal and population growth projections.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
For the purposes of this Code the determination of available levels of service shall be made as follows:
(1)
Add together the total capacity of existing facilities and the total capacity of new facilities that will become available concurrent with the impact of the development.
(2)
The total capacity of new facilities may be relied upon only if one or more of the following conditions can be demonstrated:
(a)
Construction of the new facility is underway at the time the development order is issued.
(b)
The new facility is the subject of a binding contract executed for construction at the time the development order is issued.
(c)
The new facility is included in the adopted annual budget of the responsible agency at the time the development order is issued.
(d)
The new facility is guaranteed in an enforceable development agreement at the time the development order is issued. An enforceable development agreement shall include, but not be limited to, agreements pursuant to F.S. § 163.3220 or orders pursuant to F.S. Ch. 380.
(e)
The developer has committed through the development review process to provide the necessary facility improvements.
(3)
Subtract the demand for the facility evidenced by existing development along with the new demand that will be created by the proposed development along with the new demand anticipated by other presently approved but not completed development orders and presently vested but not completed development orders.
(B)
Project phasing may be required to maintain required levels of service.
(C)
In the event that facilities relied upon to maintain required levels of service are not constructed the City shall re-review the impacts of the affected development orders to determine whether existing Certificates of Concurrency remain valid.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
Minimum design flow, 150 GPCD.
(2)
Minimum pressure, 45 psi to user.
(B)
The estimated water consumption in terms of gallons per day shall be provided.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
Minimum design flow, 200 GPCD
(2)
Reduction of minimum design flow by 1992, 175 GPCD.
(B)
The peak design flow shall not exceed 1.3 times the average daily GPCD.
(C)
The sanitary sewage disposal system shall comply with all pertinent federal, state, and local standards for effluent and sludge disposal at the time a development order is issued.
(D)
The additional flow shall not exceed the treatment plant design capacity at the time a development order is issued.
(E)
The estimated sanitary sewage flow in terms of gallons per day shall be provided.
(F)
The additional flow shall not exceed the flow capacity of transmission lines at the time a development order is issued.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
25 year frequency storm, 24 hour duration.
(2)
Post development runoff shall not exceed predevelopment runoff for quality and quantity.
(B)
The proposed drainage system shall comply with the development standards for drainage of this Code (including the retrofitting requirements for existing systems), and the ambient water quality and quantity standards of Southwest Florida Water Management District, Florida Department of Environmental Protection, and Chapter 17-25, FAC.
(C)
The discharge of drainage shall not further degrade the receiving surface water body.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following level of service shall be demonstrated:
(1)
1.3 tons per person per year.
(B)
A solid waste management plan is required where hazardous materials are involved for storage or disposal.
(C)
The estimated solid waste disposal in terms of tons per year shall be provided.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Sufficient available capacity to maintain the following levels of service shall be demonstrated:
(1)
Recreation facilities
(2)
Recreation site acreage
(a)
Neighborhood/Community parks 2 acres per 1,000 population
(b)
Open Space 1 acre per 1,000 population
(c)
Regional parks 20 acres per 1,000 population
(d)
Urban District parks 5 acres per 1,000 population
(3)
Park site design standards
(a)
Neighborhood park
1.
Service Radius: ½ mile
2.
Population Served: 3,000 to 5,000 residents
3.
Site Size: 1 to 10 acres
4.
Level of Service: 2 acres per 1000 population served
5.
Typical Facilities:
a.
Landscaped Picnic Area
b.
Children's Play Area (with equipped play area)
c.
Multi-purpose Ballfields (play and recreation)
d.
Benches and Passive Areas
e.
Hardcourt Area (tennis, basketball, volleyball)
f.
Security Lighting
(b)
Community Park
1.
Service Radius: 2 miles
2.
Population Served: 15,000 to 25,000 residents
3.
Site Size: 10 to 40 acres
4.
Level of Service: 2 acres per 1000 population served
5.
Typical Facilities:
a.
One or More Lighted Multi-Purpose Ballfields
b.
League/Tournament Ballfields
c.
Recreation-Activity Building
d.
Play Apparatus Areas
e.
Gymnasium
f.
Swimming Pool
g.
Two or More Tennis Courts
h.
Family or Grouped Picnic Area
i.
One or More Lighted Hardcourt Areas (tennis, basketball, volleyball, handball/racquetball)
j.
Security Lighting
k.
Parking Areas
l.
Boat Ramps
(B)
Development proposals on the north side of the Anclote River shall provide a minimum 35-foot wide easement to comply with the Rails-to-Trails Program where inclusion of the abandoned SCL railroad right-of-way in the project is involved, and/or assist in providing a site for a minimum 10 acre neighborhood park in a location accessible to residential areas.
(C)
Future recreation and park sites designated by the Comprehensive Plan shall be held inviolate against diversion to other uses except where an overriding public need is demonstrated.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
(A)
Florida House Bill 7207, the Community Planning Act, was legislated in 2011. The Act eliminated state mandated concurrency management requirements related to transportation facilities for local governments.
(B)
In 2013, the Pinellas County Metropolitan Planning Organization approved the Pinellas County Mobility Plan Report. The intent of the Mobility Plan is to replace local transportation concurrency management programs with a system that provides local governments with the means to manage the traffic impacts of development projects without requiring developers to meet adopted level of service standards.
(C)
The transportation element of the comprehensive plan identifies a number of highway system facilities operating under deficient level of service conditions. These require the application of Mobility Plan provisions in order to manage transportation impacts and to increase mobility through the use of multimodal impact fees to fund transportation improvements.
(D)
The 2012 Moving Ahead for Progress in the 21st Century (MAP 21) Act, which sets forth requirements for metropolitan transportation planning, promotes integrated transportation systems that maximize mobility and accessibility and the preservation, rather than the construction, of highways.
(E)
The City of Tarpon Springs Comprehensive Plan provides data, analysis, and policies supporting the intent of the City to manage the impacts of development on facilities operating with deficient level of service conditions through the application of the Pinellas County Mobility Plan and supporting land use policies.
(F)
Transportation management plan strategies are important tools for local governments to manage development impacts while maximizing mobility and accessibility consistent with the comprehensive plan and MAP 21.
(G)
The Community Planning Act encourages the coordination of planning and growth management activities among local governments, the Metropolitan Planning Organization and regional and state government agencies.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.01 and enacted a new § 122.11.01 as set out herein. The former § 122.11.01 pertained to minimum acceptable level of service of LOS and derived from Ord. 90-10, passed 5-1-90; Am. Ord. 91-06, passed 3-20-91; Am. Ord. 93-25, passed 9-21-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 93-34, passed 10-19-93 and Am. Ord. 96-26, passed 12-3-96.
It is the purpose of this division to establish a transportation management system to ensure that the impacts of development on transportation facilities and services are effectively managed while increasing mobility for pedestrians, bicyclists, transit users and motor vehicles.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.02 and enacted a new § 122.11.02 as set out herein. The former § 122.11.02 pertained to congestion containment corridor and derived from Ord. 96-26, passed 12-3-96.
(A)
Transportation management plans are to be submitted by applicants of development projects in conjunction with their site plans. Transportation management plans are required for development applications seeking to utilize transportation management strategies/improvements to address their development impacts. The extent of the strategies/improvements included in an approved transportation management plan in terms of the scale of the project(s) and roadway capacity and/or mobility benefits provided shall be based primarily on the projected impact of the development project on the surrounding traffic circulation system. Specific conditions of the deficient road corridor impacted by the development will also be considered. Transportation management plan strategies/improvements applicable to development projects within deficient road corridors will be determined at the time of site plan review. Should the impacts of the development project impact a road under the jurisdiction of an adjacent local government or FDOT, the identification of appropriate TMP strategies shall be coordinated with the affected jurisdiction(s). Transportation management plans must be developed by the applicant and accepted by the City. Transportation management plan strategies/improvements include, but are not limited to those listed below.
(1)
Intensity reduction. The intensity of the proposal may be reduced through an across-the-board reduction of the permitted floor area ratio, as it would otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply.
(2)
Density reduction. The density of the proposal may be decreased by a reduction in the number of units per acre below that which would otherwise normally apply to the proposal.
(3)
Project phasing. A project may be divided into logical phases of development by area, with later phases of the development proposal's approval withheld until the needed facilities are available.
(4)
Outparcel deletion. Those portions of the proposal characterized as outparcels that create separate and unique impacts may be deleted from the total proposal.
(5)
Physical highway improvements. A project may construct link capacity improvements, acceleration/deceleration lanes, intersection improvements or frontage roads.
(6)
Operational improvements (signal). This includes efforts involving signal removal or signal timing improvements.
(7)
Access management strategies. These include access management controls such as the preclusion of a direct connection to a deficient facility, right-in/right-out driveways, alternative driveway locations, reduction of a driveway, single point access, shared access or the implementation of median controls.
(8)
Mass transit initiatives. A project may implement a plan to encourage transit (e.g., employer-issued bus passes). Other mass transit initiatives may include, but are not limited to, direct route subsidies, provision of feeder service or the construction of bus stop amenities, bus pull-off areas and dedication of park and ride parking spaces.
(9)
Demand management/commuter assistance. These include efforts to encourage ride-sharing (e.g., designated parking spaces for carpools, employer-sponsored carpool program, participation in transportation management organization/initiative programs), and to implement flexible work hour and telecommuting programs.
(10)
Bicycle/pedestrian improvements. These would involve structural improvements or construction of a bikeway or sidewalk connecting an existing bikeway/sidewalk network or providing access to a school, park, shopping center, etc. These improvements may also include pedestrian treatments in parking areas, sidewalks connecting developments with adjacent land uses, trail improvements and bicycle rack and on-street bicycle lane installations, and the planting of trees to provide shade canopy along sidewalks.
(11)
Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through intersections quickly. It also includes freeway management systems, such as electronic message signs, and electronic fare payment on public buses that reduce passenger boarding time.
(12)
Livable community site design features. These include, but are not limited to, implementation of pedestrian friendly site design features such as orienting buildings toward the street and parking lots to the side or rear of buildings.
(B)
Transportation management plans seeking to implement strategies that do not involve structural improvements, such as ride-sharing and transit incentive programs, must include a monitoring program to ensure the strategies are carried out in accordance with the plan, as developed by the applicant and accepted by the City.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.03 and enacted a new § 122.11.03 as set out herein. The former § 122.11.03 pertained to de minimis impact and derived from Ord. 90-10, passed 5-1-90; Am. Ord. 91-06, passed 3-20-91; Am. Ord. 93-25, passed 9-21-93; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 93-34, passed 10-19-93 and Am. Ord. 96-26, passed 12-3-96.
(A)
Deficient road corridors include parcels within one-half mile of the centerline or terminus of a facility operating under a deficient level of service.
(B)
In support of the provisions of this section regarding deficient road corridors, policies in the comprehensive plan seek to discourage future land use map (FLUM) amendments that allow for an increase in automobile trips generated from sites proposed for amendment. Exceptions to this provision may apply within road corridors where the comprehensive plan is seeking increased densities and intensities for planning purposes.
(C)
Development projects located within deficient road corridors that generate between 51 and 300 new peak hour trips are classified as tier 1.
a.
Developers of tier 1 projects are required to submit a transportation management plan designed to address their impacts while increasing mobility and reducing the demand for single occupant vehicle travel.
b.
The cost of transportation management strategies implemented for tier 1 projects are creditable toward their multimodal impact fee assessment in accordance with the Multimodal Impact Fee Ordinance. If the cost of the improvement exceeds the assessment, the development project would not be subject to payment of the fee.
(D)
Development projects located within deficient road corridors that generate more than 300 new peak hour trips are classified as tier 2. Developers of tier 2 projects are required to conduct a traffic study and submit an accompanying report. The report shall include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. The report shall be submitted to the Planning and Zoning Department for review. The cost of transportation management strategies implemented for tier 2 projects may be applied as credit toward the project's multimodal impact fee assessment in accordance with the Multimodal Impact Fee Ordinance or payment of the fee could be included as part of a transportation management plan.
(E)
Development projects that generate less than 51 new peak hour trips are required to pay a multimodal impact fee in accordance with the Multimodal Impact Fee Ordinance. They are not required to submit a transportation management plan or traffic study.
(F)
A traffic study and corresponding transportation management plan for a land development project generating more than 50 new peak hour trips outside a deficient road corridor may be required if through the site plan review process the local government determines that operational improvements such as intersection or median modifications are necessary to accommodate the additional trips generated by the proposed land use.
(Ord. No. 2017-07, passed 5-2-17)
Editor's note— Ord. No. 2017-07, passed May 2, 2017, repealed the former § 122.11.04 and enacted a new § 122.11.04 as set out herein. The former § 122.11.04 pertained to proportionate fair-share mitigation of development impacts on transportation corridors and derived from Ord. 2006-34, passed 10-17-06.
Determination of trip generation shall be based on the Pinellas County Transportation Impact Fee Ordinance fee schedules and latest edition of the Institute of Transportation Engineers Trip Generation Manual.
(Ord. No. 2017-07, passed 5-2-17)
(A)
All requests for site plan, subdivision, zoning/land use, or conditional use approval which entails residential development of 10 or more units, and which involves a site that is wholly or partially located within Pinellas County Evacuation Zone A, B, or C, shall prepare and submit an analysis which indicates that available shelter space will not be exceeded. Shelter analysis shall be performed based upon a Category 3 hurricane impact and shall be performed based on the area bounded on the south by Nebraska Avenue on the east by East Lake Road and the north by the Pinellas/Pasco County Line.
(B)
Shelter space demand analysis shall be based upon the most recent available data from Pinellas County Emergency Management or the Tampa Bay Regional Planning Council and shall utilize shelter and demand assessment methodology established or accepted by Pinellas County Emergency Management. All assessments must be reviewed and verified for accuracy by the Technical Review Committee. Alternatively, the City may utilize outside professional consultant services for review. Applicants may utilize alternate shelter utilization and persons per household rates using documented and industry/discipline-acceptable data sources such as current State of Florida, local, or regional governmental agency studies. If alternate data sources are pro posed for the study, the applicant shall notify the City Manager or designee in writing of the alternate shelter utilization and persons per household rates intended for use, including citations and copies or links to the data sources.
(C)
The study shall provide solutions for mitigation where a shelter deficit is projected. The solutions must provide for mitigation equivalent to the proposed development's anticipated hurricane preparedness impacts, and may utilize any single or combination of the following mitigative techniques:
(1)
The donation of land for public facilities.
(2)
The donation or use of private structures as hurricane shelter space.
(3)
The provision of payments to upgrade existing shelters, to include the addition of storm shutters, provision of electric generators, provision of a food supply, provision of potable water storage capacity, and other items which are determined necessary by the Red Cross and Pinellas County Emergency Management Department to upgrade existing shelters.
(4)
The provision of on-site shelter space when the project includes a community center or other suitable facility. The provision of on-site shelter space shall be at the ratio of 10 to 20 square feet per resident, and shall equal the proposed development's anticipated hurricane shelter space demand.
(5)
The provision of funds to be used for the purpose of training shelter volunteers or for the purpose of enhancing existing public information programs.
(6)
The provision for a limitation on density, or project phasing.
(7)
The provision and maintenance of a public information program and hurricane evacuation fund within a homeowner) association.
(8)
The provision for the elevation of all roads within the proposed development above the flood level of a category three hurricane event, making evacuation more feasible.
(9)
The provision of improvements to the evacuation routes, including roadway capacity improvements and the provision of funds for the posting of evacuation routes.
(10)
The provision of funds to be used for the purpose of procuring communication equipment which would upgrade existing warning and notification capability.
(11)
Nothing contained in this section shall preclude the use of alternative mitigative techniques.
(12)
Any alternative mitigative technique shall provide reasonable assurance regarding the alternative's ability to reduce the development's impact upon demand for hurricane shelter space.
(13)
Utilization of Coastal High Hazard Area Design Standards of Section 149.01
(Ord. No. 2017-07, passed 5-2-17; Am. Ord. 2019-21, § 1, 12-10-19; Ord. No. 2022-24, passed 9-19-23)
Editor's note— Ord. No. 2017-07, passed 5-2-17, renumbered § 122.13, pertaining to hurricane shelter impact study, as 122.12.
(Sample "Certificate of Concurrency" reproduced on following page.)
SAMPLE CERTIFICATE OF CONCURRENCY
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2019-21, § 1, 12-10-19)