The purpose of this chapter is to describe the requirements and procedures necessary to implement the concurrency provisions of the town comprehensive plan. Specifically, this chapter is intended to ensure the availability of public facilities and services and the adequacy of those facilities at adopted levels of service concurrent with impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact for a development upon the adopted minimum acceptable level of service for potable water, sewer, solid waste, drainage, parks and recreation, roadways and mass transit facilities and/or services as provided in the town comprehensive plan.

(Ord. No. 2-91, § 4.00.01, 4-29-1991)

(a)

Certificate of concurrency required. A certificate of concurrency shall be required prior to the issuance of any development permit, with the exception of those listed in section 54-4. If a development will require more than one development permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development permit.

(b)

Initial determination of concurrency. At the request of the applicant or at the discretion of the town, an initial determination of concurrency may be performed for preliminary development orders and a conditional certification of concurrency issued for development permits shall be binding.

(c)

Expiration of certificate concurrency. A certificate of concurrency shall automatically expire simultaneously with the expiration of the development permit to which it applies. If the development permit does not have a specific expiration date, the certificate of concurrency shall expire six months from the date of the issuance of the development permit. If a time extension is granted prior to the expiration of the development permit, the accompanying certificate of concurrency shall automatically be renewed for the duration of the extension given to the accompanying development permit. Should the extension exceed one year from the date of the issuance of the original development permit, a new concurrency review shall be performed for which a reasonable fee shall be assessed in order to defray the cost of the new review.

(d)

Burden of proof. The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The town will assist in the preparation of the necessary documentation and information, if requested, in writing.

(Ord. No. 2-91, §§ 4.01.01—4.01.04, 4-29-1991)

If a proposed development relates to land use of such low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the town comprehensive plan, the development shall be exempt from concurrency review.

(Ord. No. 2-91, § 4.02.01, 4-29-1991)

The following development activities shall be deemed de minimis:

(1)

The construction of:

a.

Room additions to residences, pursuant to subsection 4(c) of this section;

b.

Accessory structures, but not accessory apartments;

c.

Swimming pools;

d.

Fences;

e.

Signs; and

f.

Communications towers.

(2)

Removal of trees, except that tree removal shall not be considered a de minimis activity for the purpose of determining compliance with the stormwater drainage level of service.

(3)

The replacement of structures destroyed by fire, hurricanes, tornadoes or other acts of God not exceeding the area and cubic content of the structure prior to its destruction.

(4)

Limited de minimis exemptions for single-family dwelling units shall be deemed de minimis for the following facilities and/or services:

a.

Roads, provided that the dwelling unit is not located within one-quarter-mile of a road segment that is operating below the adopted level of service.

b.

Stormwater drainage, provided that the single-family up to quadruplex in this case only is not part of a larger development.

c.

Sewer, provided that construction meets the requirements of the department of health and rehabilitative services (HRS) related to wastewater systems. Specifically excluded from this exemption are room additions consisting of bedrooms or bathrooms.

(Ord. No. 2-91, § 4.02.02, 4-29-1991)

The town shall use the procedures listed below to determine compliance of an application for a development permit with this concurrency management system. At the time of application for a development permit, a concurrency evaluation shall be made to determine the availability of the facilities or services required to be concurrent. An applicant for a development permit shall provide the town with all information required so as to enable the concurrency evaluation to be made. Upon receipt of a complete concurrency review application, the town shall perform the concurrency evaluation for each of the public facilities and services. A concurrency review application shall not be deemed complete until all applicable permits, verification letters or other proof has been submitted pursuant to sections 54-6—54-8.

(Ord. No. 2-91, § 4.03.00, 4-29-1991)

The evaluation for roads shall compare the existing level of service standards to the adopted level of service standards established by the town comprehensive plan for the impacted roads. The level of service shall be determined for conditions on the existing roads, to include any committed or funded improvements to those roads, meeting the minimum requirements for concurrency set forth in section 54-9.

(Ord. No. 2-91, § 4.03.02(A)(1), 4-29-1991)

The applicant seeking a certificate of concurrency and a development permit shall submit to the town the following information:

(1)

The legal description of the development site;

(2)

The street address of the development site, if applicable;

(3)

A written statement indicating the nature and extent of proposed development;

(4)

Three copies of the site plans and specifications.

(Ord. No. 2-91, § 4.03.02(A)(2), 4-29-1991)

The town will apply a concurrency check to the subject property based on the following:

(1)

Transportation system. Level of service development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the traffic circulation element of the comprehensive plan:

Any new roads constructed within the corporate limits shall be designed and constructed in accordance with FDOT's road construction standards, pursuant to F.S. 336.045.

(2)

Potable water. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the potable water subelement of the town comprehensive plan:

(3)

Wastewater. Development activities shall not be approved unless there is sufficient capacity to sustain the following levels of service for wastewater treatment as established in the sanitary sewer subelement of the town comprehensive plan:

(4)

Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage subelement of the town comprehensive plan:

Level of Service.

a.

Retain the first one inch of run-off on site; and

b.

Post development run-off shall not exceed the predevelopment rate for a 25-year storm event up to and including an event with a 24-hour duration.

(5)

Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for solid waste as established in the solid waste subelement of the town comprehensive plan: level of service 1.5 lbs. per person per day.

(6)

Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the recreation and open space element of the town comprehensive plan: level of service five acres per 1,000 population

(Ord. No. 2-91, § 4.03.02(A)(3), 4-29-1991)

In order to obtain a certificate of concurrency, one of the following conditions must be satisfied for each of the public facilities and services, and such condition given in the certificate of concurrency:

(1)

For potable water, sewer, solid waste and drainage. At a minimum, provisions in the town comprehensive plan that ensure the following standards will be met to satisfy the concurrency requirement:

a.

The necessary facilities and services are in place at the time development order is issued;

b.

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of development occur;

c.

The necessary facilities are under construction at the time a permit is issued; or

d.

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of subsections 54-9(1)a—c. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380. The agreement must guarantee that the necessary facilities and services are in place when the impacts of development occur.

(2)

For parks and recreation. The concurrency requirement may be satisfied by complying with the standards in subsection 54-9(1)a—d or by the following:

a.

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

b.

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

(3)

For roads. The concurrency requirement may be satisfied by complying with the standards of subsections 54-9(1) and (2).

(Ord. No. 2-91, § 4.03.03, 4-29-1991)

Should a development not pass the above concurrency evaluation, several strategies may be used to rectify this, including the following:

(1)

An enforceable development agreement between the town and the developer which may include, but is not limited to, development agreements pursuant to F.S. § 163.3220.

(2)

A change in the funding source.

(3)

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

(4)

Phasing of the proposed development.

(Ord. No. 2-91, § 4.03.04, 4-29-1991)

The adopted level of service (LOS) standards for public facilities and services as contained in the town comprehensive plan are hereby adopted by reference.

(Ord. No. 2-91, § 4.04.00, 4-29-1991)

(a)

Purpose. The purpose of the annual report is to provide monitoring of public facilities and services to ensure maintenance of the adopted levels of service in a format which is accessible to the public.

(b)

Contents. The town shall prepare an annual report as part of the concurrency management system that includes:

(1)

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

(2)

A summary of building permit activity, indicating:

a.

Those that expired without commencing construction;

b.

Those that are active at the time of the report;

c.

The quantity of development represented by the outstanding building permits;

d.

Those that result from the development permits issued prior to the adoption of the Land Development Code; and

e.

Those that result from development permits issued pursuant to the requirements of the Land Development Code.

(3)

A summary of development permits issued, indicating:

a.

Those that expired without subsequent building permits;

b.

Those that were completed during the period;

c.

Those that are valid at the time of the report but do not have associated building permits or construction activity; and

d.

The phases and quantity of development represented by the outstanding development permits.

(4)

An evaluation of each facility and service indicating:

a.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

b.

The portion of the available capacity held for valid preliminary and development permits;

c.

A comparison of the actual capacity to calculated capacity resulting from approved development orders and development permits;

d.

A comparison of actual capacity and levels of service to adopted levels of service from the town comprehensive plan;

e.

A forecast of the capacity for each facility and service based on the most recently updated schedule of capital improvements in the capital improvements element of the comprehensive plan.

(Ord. No. 2-91, § 4.05.01, 4-29-1991)

The concurrency management system annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development permits during the 12 months following completion of the annual report. The first annual report shall be presented to the town at a public hearing no later than November 1 of every year. Successive reports will be presented annually after this date.

(Ord. No. 2-91, § 4.05.03, 4-29-1991)

The town shall make available suitable land for the building and expansion of service facilities, and shall require that future land uses be assured of adequate infrastructure and services. The town shall conduct an ongoing review and analysis of the infrastructure and services to meet the needs of future land uses adopted in the town comprehensive plan. Development shall be required to provide such lands by dedication where appropriate.

(Ord. No. 2-91, § 4.05.04, 4-29-1991)

Appeals related to determinations of concurrency shall be made pursuant to the provisions in sections 58-60—58-64.

(Ord. No. 2-91, § 5.06.01, 4-29-1991)

(a)

Purpose and intent. The purpose of this section is to establish a method to mitigate the impacts of development on transportation facilities by the cooperative efforts of the public and private sectors, and shall be known as the proportionate fair-share program.

(b)

Applicability. The proportionate fair-share program shall apply to all developments in the town that impact a road segment in the concurrency management system (CMS), including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency review, and have been notified of a failure to achieve transportation concurrency on a roadway segment or segments. The proportionate fair-share program does not apply to developments meeting the de minimus standards under F.S. § 163.3810(6), or to developments exempted from concurrency.

(c)

General requirements.

(1)

An applicant may propose satisfying the transportation concurrency requirements of the town by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the comprehensive plan and the Land Development Code (LDC).

b.

The five-year capital improvements program (CIP) includes transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development, as determined by the mayor.

(2)

The land use administrator may determine to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing to an improvement that, upon completion, will accommodate additional traffic generated by the proposed development, as projected by staff using best available data and methodologies, but is not contained in the CIP, where one of the following apply:

a.

The town adopts, by resolution or ordinance, a commitment to add the improvements to the next five-year CIP no later than the next regular update. To qualify for consideration under this section, the proposed improvement must be reviewed by the land use administrator and must be determined to be financially feasible. "Financially feasible" means that additional developer contributions, payments or other funding sources are anticipated, during a period not to exceed ten years, to fully mitigate the specified impact(s) on the identified transportation facility or facilities.

b.

If the land use administrator determines that the funds in the adopted CIP are insufficient to fully fund construction of a transportation improvement required by the CMS, a proportionate fair-share payment may be required for another improvement which will, as determined by the land use administrator, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component shall be adopted into the next five-year CIP at the next annual capital improvement element update.

(3)

Any improvement project proposed to meet the developer's fair-share obligation must meet generally accepted design standards for the FDOT and the town.

(d)

Application process.

(1)

Town staff shall notify an applicant in writing if a failure to satisfy transportation concurrency requirement occurs. Upon receipt of such notice, an applicant may submit a proposed proportionate fair-share calculation to the land use administrator for review.

(2)

Pursuant to F.S. § 163.3810(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the strategic intermodal system require the concurrence of the FDOT.

(3)

The land use administrator shall determine whether a proportionate fair-share calculation is sufficient and eligible. Upon a finding of sufficiency, a proportionate share agreement will be prepared between the town and the applicant. The stipulations of the agreement shall include, but not be limited to, the amount of payment, description of work and timing of payment. All proportionate share agreements are subject to approval by the town council.

(Ord. No. 01-09, § 1, 7-6-2009)

(a)

Proportionate fair-share mitigation for concurrency impacts may include, but are not limited, separately or collectively, private funds, contributions of land, and construction and/or contribution of transportation improvements.

(b)

A development will be required to pay only its proportionate fair-share. The calculated value of the proportionate fair-share mitigation for the impacted transportation facilities shall not differ regardless of the method of mitigation.

(c)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

Proportionate Share = σ[[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] x cost;sub\sub; ]-Impact Fee Credits

Where:

Development Trips;sub\sub; = Those trips from the development that are assigned to roadway segment i and have triggered a deficiency per the CMS;

SV Increase;sub\sub; = Service volume increase provided by the eligible improvement to roadway segment i;

Cost;sub\sub; = Adjusted cost of the improvement to segment i. Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred;

Impact Fee Credits = where applicable.

(d)

For the purposes of determining proportionate share obligations, the town shall determine improvement costs based upon the projected future cost of the improvement as obtained from the CIP or another method approved by the land use administrator. Cost for FDOT facilities shall be based upon FDOT costs.

(e)

The town may accept rights-of-way dedication for all or a portion of the proportionate fair-share payment. Credit for the dedication of the nonsite related right-of-way shall be assigned a value by land use administrator or, at the option of the applicant, by fair market value established by an independent appraisal approved by the land use administrator prepared at no expense to the town. The applicant shall supply a survey and legal description of the land and a certificate of title search of the land to the town at no expense to the town. If the estimated value of the right-of-way dedication proposed by the applicant is less than the town estimated total proportionate fair-share obligation for that development, then the applicant shall also pay or provide for mitigation of the difference.

(Ord. No. 01-09, § 1, 7-6-2009)

(a)

Transportation impact fees, if applicable, shall be applied as a credit against proportionate fair-share mitigation only if the proposed improvement is on the list of approved projects in the current five-year CIP or in the first five years of the current ten-year CIP and the town's impact fee program. Credits shall not be given to proposed improvements that will be incorporated into the next or following five-year CIP. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair-share contribution is calculated. The portion of impact fees available for the credit will be based on the historic distribution of impact fee funds to the arterial roadways and collector roadways. Impact fee credits shall be calculated at the same time as the applicant's proportionate share obligation is calculated.

(b)

Any transportation impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other parcel or parcels of real property within the town.

(Ord. No. 01-09, § 1, 7-6-2009)

(a)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIP.

(b)

In the event a scheduled facility improvement is removed from the CIP, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor that would mitigate the impacts of development.

(Ord. No. 01-09, § 1, 7-6-2009)