The purpose of this Article is to describe the requirements and procedures necessary to implement the concurrency provisions of the Washington County Comprehensive Plan (including the municipalities of Caryville, Ebro, Vernon, and Wausau). Concurrency Management is intended to ensure the availability of public facilities and services and the adequacy of those facilities at adopted levels of service. Per the Community Planning Act of 2011, schools and transportation are no longer required to meet concurrency.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A certificate of concurrency shall be required prior to the issuance of any final development order or permit except for those listed as exempt. If a development will require more than one (1) development order or permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development order which first contains and/or presents a specific plan for development.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A certificate of concurrency shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event the development permit does not have a specified expiration date, the certificate of concurrency shall expire one (1) year from the date of the issuance of the development permit. In the event a time extension is granted prior to the expiration of the development permit, then the accompanying certificate of concurrency shall be automatically renewed for the duration of the extension given to the accompanying development permit. Should the extension equal or exceed one (1) year from the date of the issuance of the initial 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.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The Development Administrator or his/her assignee will direct the applicant to the appropriate staff to assist in the preparation of the necessary documentation and information.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Nothing in this Article shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation or abrogation of vested rights.

In matters involving concurrency questions vested rights shall be determined in accordance with Section 1.08.00 of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Any applicant for a development order who alleges that this Article, as applied, constitutes a temporary or permanent taking of private property or an abrogation of vested rights must affirmatively demonstrate the legal requisites of the claim by meeting all three (3) of the following conditions:

A.

A final local development order has been issued on or prior to October 1, 1991;

B.

Development has commenced prior to October 1, 1991; provided, however, that the provisions of Section 1.08.00 shall apply in determining commencement; and

C.

Development is continuing in good faith.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Any person seeking an exemption from the terms of this article shall submit evidence to the Development Administrator to demonstrate their entitlement to the exemption. The following development activities shall be deemed to be exempt from the provisions of this article:

1.

Development with a final development order issued on or before the adoption date of this article.

2.

Development with a development order for a Development of Regional Impact (DRI) issued on or before the adoption date of this article, unless the development order expressly states otherwise.

3.

Construction of public facilities identified in the Washington County Comprehensive Plan that are required in order to achieve level of service standards adopted in the Comprehensive Plan pertaining to public facilities and services.

4.

De minimis developments, i.e., projects of such low intensity or density which may have an insignificant impact on the level of service standards for infrastructure set forth in the Washington County Comprehensive Plan.

5.

Designated redevelopment areas shall be exempt for up to one hundred ten (110) percent of the impact generated by the preceding existing development. To qualify for this exemption the preceding existing development must have been active, operational, or occupied within twelve (12) months prior to filing for concurrency review.

6.

The replacement of a single-family home on an existing lot of record when no additional dwelling units are created.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Washington County shall use the procedures listed below to determine compliance of an application for a development permit with this Concurrency Management System (CMS). 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 County with all information required to enable the concurrency evaluation to be made. Upon receipt of a complete concurrency review application, the Development Administrator or his/her designee 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 Section 3.03.02 below.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

At the time of application submission, the applicant shall submit two (2) copies of the completed analysis. The concurrency analysis shall contain the following elements listed below:

1.

Letter of transmittal addressed to Washington County.

2.

Title page, table of contents, list of exhibits, and list of tables.

3.

An introduction that should include a description of the location, proposed development plan, current land uses, phasing schedule, and buildout year.

4.

A proposed development plan for each phase including a map showing internal traffic circulation.

5.

The methodology criteria for establishing the study area for determining roadway segments in the analysis. Hie study area is defined as the primary impact area affected by the traffic associated with the site.

6.

At inventory of existing p.m. peak hour traffic volumes for all roadways included in the analysis.

7.

An evaluation of the p.m. peak hour project traffic impacts for each segment and the criteria for conducting this evaluation.

8.

An analysis addressing intersection level of service and safety issues.

9.

The adopted level of service for each public facility as well as the projected demand for potable water, sanitary sewer, and solid waste.

10.

For any level of service deficiency identified in the analysis, a mitigation plan shall be provided identifying strategies to address each deficiency.

11.

An appendix of support data where applicable.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The above required data shall be no older than the previous calendar year and levels of service shall be determined in accordance with the adopted levels of service given in the Washington County Comprehensive Plan.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The applicant shall submit proof that sufficient capacity exists as demonstrated by one (1) of the following:

1.

If the service provider is one other than an on-site potable water well, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service.

2.

Permits issued by Northwest Florida Water Management District for a potable water well to serve the development.

3.

For owner-occupied mobile homes, a notarized affidavit from the applicant that there is an existing potable water well on the site.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The applicant shall submit proof that sufficient capacity exists as demonstrated by one (1) of the following:

1.

If the proposed service provider is other than an on-site septic system, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted.

2.

All applicable Department of Environmental Protection permits for an on-site septic tank, pursuant to Rule 10D-6, F.AC., are obtained.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The applicant shall submit proof that an application has been submitted to the Florida Department of Environmental Protection (FDEP). Prior to the issuance of a development order the applicant must provide the following:

1.

All applicable Department of Environmental Protection permits for stormwater management systems are obtained; and/or

2.

All applicable Department of Transportation (DOT) permits for drainage connections, pursuant to Rule 14-86 F.AC., are obtained; and/or

3.

All applicable Northwest Florida Water Management District (NWFWMD)permits are obtained.

a.

The Level of Service Standards (LOS) are maintained for the following applicable development types:

b.

Development fronting or contributing to stormwater on principal or minor arterial roadways - LOS A for fifty-year, twenty-four-hour storm event.

c.

For development fronting or contributing to stormwater on collector roadways - LOS A for twenty-five-year, twenty-four-hour storm event.

d.

For development fronting on local streets and residential neighborhoods (including new subdivision) - LOS A for fifteen-year, twenty-four-hour storm event.

e.

In agricultural and silvicultural areas and along dirt roads in non-subdivided areas - LOS for a ten-year, twenty-four-hour storm event. All development shall also comply with Division of Forestry Best Management Practices. LOS A indicates that there is no significant street flooding. LOS B indicates that there is no major residential yard flooding.

f.

Use artificial lakes, recharge wells, swales, or other means for allowing reabsorption of storm water where feasible.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Documentation must be provided from the proposed service provider that the project is within its service area and that it has the capacity to serve the project as proposed at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted.

The adopted LOS for solid waste for Washington County is five (5) pounds per capita per day.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The adopted Level of Service (LOS) standards for public facilities and services as contained in the Washington County Comprehensive Plan are hereby adopted by reference.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

To test transportation system capacity, the projected number of trips generated by the proposed development shall be subtracted from the available capacity for the impacted roadway segment(s). To test the concurrency for public facilities, the proposed demand shall be added to the current demand and subtracted from the available capacity. If the demand is less than the available capacity on all roadway segments and utilities impacted by the project, then the project meets the test for concurrency. Washington County may satisfy the concurrency requirement by basing this concurrency management system upon an adequate five-year capital improvements program. To do this the capital improvements program and schedule shall include the following:

1.

A five-year capital improvements schedule. The funding system must be financially feasible and based on currently available revenue sources.

2.

The five-year schedule must include the necessary improvements needed to maintain the adopted level of service to serve proposed developments.

3.

The five-year schedule must include a date of commencement of construction as well as an estimated date of project completion. Construction must commence no later than the end of the third year of the five-year program.

4.

A provision that a plan amendment must be required to eliminate or delay the construction of any facility needed to maintain the adopted level of service standard.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Should a development not pass the above concurrency evaluation, the following strategies may be used to rectify the lack of concurrency:

1.

A reduction of scale or impact of the proposed development;

2.

A Comprehensive Plan amendment that lowers the adopted level of service standard for the affected facilities;

3.

A change in funding source;

4.

Proportionate fair share for lack of transportation system capacity;

5.

Mitigation plan for transportation improvements to rectify system capacity issues.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Depending upon priorities assigned by the respective governing bodies and the availability of revenue sources, it is necessary from time to time to seek additional funding mechanisms. The following sources of revenue represent additional options available, except when suspended in whole or in part by the BOCC, to the County and municipalities to finance required capital improvements.

1.

Impact Fees. These fees are charged, except when suspended in whole or in part by the BOCC, in advance of new development and are designed to pay for infrastructure needs, but not operating costs, which directly result from new development. These fees must be equitably allocated to the specific group(s) that will directly benefit from the capital improvement, and the fees levied must fairly reflect the true costs of these improvements, collection of transportation, fire, and emergency impact fees for new development in Washington County. Hie fees are set by ordinance and may not be changed without revising the Ordinance 2007-9. None of the municipalities participate in the impact fee program.

a.

Fire Protection Impact Fee. The Fire Protection Impact Fee rates is imposed upon all Fire Protection Impact Construction occurring within the County, both within the unincorporated area and within the municipal boundaries of any municipality that has consented to the imposition of Fire Protection Impact Fees, except when suspended in whole or in part by the BOCC, and which participates in the County. Fire Protection System and shall be collected prior to issuance of a building permit for such construction. Only the County has chosen to participate in this impact fee.

b.

Emergency Medical Services (EMS) Impact Fee. The EMS Impact Fee rates shall be imposed upon all Emergency Medical System Impact Construction occurring within the County, including the unincorporated area, except when suspended in whole or in part by the BOCC, and incorporated municipalities therein, and shall be collected prior to issuance of a building permit for such construction.

c.

Road Impact Fee. The Road Impact Fee rates is imposed upon all road impact construction occurring within the County, both within the unincorporated area and within the municipal boundaries of any municipality that has consented to the imposition of the road impact fee, except when suspended in whole or in part by the BOCC. The most recent data available is to be based on the most recent and localized data. Calculation of the road impact fee is based on trip generation data from the most recent edition of "Trip Generation" by the Institute of Transportation Engineers. This source is used as it contains the largest collection of trip generation data and covers a wide variety of land use types. Construction costs use the latest averages from FDOT and recent construction bids from FDOTs District 3. Similar to trip generation data, construction costs collected statewide and FOOT district wide for many different types of projects represent the most robust and appropriate data.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The purpose of this program is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair Share Program, as required by and in a manner consistent with F.S. § 163.3180(5).

Public facilities are commodities that are valuable to both the public and private sector and the County's Proportionate Fair Share Program will:

1.

Provide a method by which, the impacts of development on public facilities can be mitigated by cooperative efforts of the public and private sectors;

2.

Allow developers to proceed under certain conditions, notwithstanding the failure of concurrency, by contributing their proportionate fair share of the cost of a new facility or an improvement of an existing facility;

3.

Contribute to the provision of adequate public facilities for future growth and promote a strong commitment to comprehensive facilities planning thereby reducing the potential for a moratoria or unacceptable levels of service;

4.

Maximize the use of public funds for adequate public facilities to serve future growth; and

5.

Be consistent with F.S. § 163.3180(5), and supports the goals, objectives, and policies in the Washington County Comprehensive Plan.

•

The project is impacting a roadway operating below the adopted level of service standard.

•

The affected roadway(s) has a mitigating improvement scheduled for construction.

•

The start of construction on the mitigating project is scheduled to occur after the first three (3) years of the schedule of projects published in the capital improvements element.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The Proportionate Fair Share Program shall apply to all developments in the County that impact a road segment in accordance with the County's Concurrency Management System and have been denied concurrency approval, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations. The Proportionate Fair Share Program does not apply to a Development of Regional Impact (DRI) using proportionate fair share under F.S. § 163.3180(12).

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

An applicant may satisfy the transportation concurrency requirements of the County's Concurrency Management System by making a proportional fair share contribution, pursuant to the following requirements:

1.

The proposed development is consistent with the Washington County Comprehensive Plan and applicable land development regulations and would not create extreme adverse conditions on any public facility that in the opinion of the County would compromise the public health, safety, and welfare.

2.

The County has calculated the proportionate fair share contribution according to the formula established in F.S. § 163.3180(5)(h)3.C(II)(A), for each improvement needed to achieve an acceptable level of service on facilities for which concurrency was denied.

The Capital Improvements Program shall be reviewed annually and updated as necessary to reflect fair share contributions. The County is responsible for funding all capital improvements in the Capital Improvements Program for which proportionate fair share payments are collected and for making up any shortfall.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

1.

Upon notification of a failure to satisfy concurrency, applicants shall be notified in writing whether they may be eligible to satisfy concurrency through a proportionate fair share contribution.

2.

Prior to submitting an application for a proportionate fair share agreement, a preapplication meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System (SIS), the Florida Department of Transportation (FDOT) will be notified and invited to participate in the pre-application meeting.

3.

Pursuant to [F.S. §] 163.3180(5)(h)1, proposed proportionate fair share mitigation for development impacts to facilities on the SIS requires consultation with the FDOT. Proof of consultation shall be obtained in writing prior to execution of the proportionate fair share agreement. In addition, the FDOT shall be a party and signatory to any proportionate fair share agreement for mitigation of development impacts to facilities on the SIS.

4.

Eligible applicants shall submit an application to the County that includes the application fee established in the Code of Ordinances and the following:

a.

Name, address, email, and phone number of the Owner, Applicant, and Agent;

b.

Property location, including parcel identification numbers;

c.

Legal description and survey of property;

d.

Project description including type, intensity, and amount of development;

e.

Phasing schedule, if applicable;

f.

Description of requested fair share methods; and

g.

Copy of concurrency application and letter of denial.

5.

The Development Administrator shall review the application and certify that the application is sufficient within twenty (20) business days. If the application is insufficient or ineligible to participate, the applicant will be notified in writing of the reasons for such deficiencies within twenty (20) business days. If the applicant does not remedy such deficiencies within sixty (60) business days of receipt of the written notification, then the application will be deemed abandoned. The Board of County Commissioners may in its discretion; grant an extension of time to cure such deficiencies provided the applicant has shown good cause for the extension and has taken reasonable steps to affect a cure.

6.

When the application is deemed sufficient and eligible, the applicant shall be advised in writing and a proposed proportionate fair share obligation and binding agreement will be prepared by the County and delivered to the applicant no later than sixty (60) days from the date the applicant received the notification of a sufficient application.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

1.

Proportionate fair share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contribution of land, and construction and contribution of facilities.

2.

A development shall not be required to pay more than its proportionate fair share. The fair market value of the proportionate fair share mitigation for the impacted facilities shall not differ among the forms of proportionate fair share mitigation.

3.

Pursuant to F.S. § 163.3180(5)(h)3.C(II)(B), if any road is determined to be transportation deficient without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate-share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate-share calculation.

4.

The proportionate fair share mitigation that is payable by the applicant shall be determined per segment for each improvement needed to achieve an acceptable level of service on facilities for which transportation concurrency was denied and calculated as provided for in F.S. § 163.3180(5) (h)3.C(II)(A) as follows:

"The proportionate-share contribution shall be calculated based upon the number of trips from the proposed development expected to reach roadways during the peak hour from the stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain or achieve the adopted level of service, multiplied by the construction cost, at the time of development payment, of the improvement necessary to maintain or achieve the adopted level of service."

OR

Proportionate Share = [[(Development Trips;sub\sub;)/(SV Increase;sub/sub;)] x Cost;sub/sub;]

(Note: This is the sum of all necessary improvements)

Where:

Development Trips;sub/sub; = Trips from the development that are assigned to roadway segment i;

SV Increase;sub/sub; = Service volume increase provided by the improvement necessary to maintain the adopted level of service on 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 associated physical development costs directly associated with construction. For purposes of determining proportionate fair share obligations, the County shall determine improvement costs based upon the actual cost of the improvement as obtained from the County's Capital Improvements Program, the MPO Transportation Improvement Program, or the FDOT Work Program. Where such information is not available, improvement costs shall be determined using one of the following methods:

a.

An analysis by the County of costs by cross section type that incorporates data from recent projects on right-of-way acquisition, drainage, and utility costs, and is updated annually and approved by the Board of County Commissioners; or

b.

The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage, and utility costs; and significant changes in the cost of materials due to unforeseeable events; or

c.

The most recent National Society of Professional Engineers cost estimates.

5.

If the County has accepted right-of-way dedication for the proportionate fair share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at one hundred fifteen (115) percent of the most recent assessed value by the County's property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the County and at no expense to the County. The applicant shall supply:

a.

A drawing and legal description of the land; and

b.

A certificate of title or title search of the land to the County at no expense to the County.

6.

At the time the proportionate fair share obligation is being determined, the County will also compute the anticipated impact fee obligation, provided that County has implemented impact fees for the proposed development. Applicants shall be eligible for impact fee credit for that portion of their proportionate fair share obligation that applies to a segment contemplated by the County's impact fee ordinance. If the applicant's proportionate fair share obligation is less than the developments anticipated total impact fee, then the applicant must pay the difference to the County.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

1.

Upon execution of a Proportionate Fair Share Agreement the applicant shall receive a certificate of concurrency approval and all demand attributable to the development shall be considered vested and shall be added to the concurrency management database. Shall the applicant fail to apply for a development order within twelve (12) months of the execution of this Agreement, the Agreement shall be considered null and void, and the applicant shall be required to reapply.

2.

Payment of the proportionate share contribution is required in full prior to the issuance of the final building permit and shall be non-refundable. If the payment is submitted more than twelve (12) months from the date of execution of the Agreement, then the proportionate share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment and adjusted accordingly.

3.

Any requested change to a development project subsequent to a development order will be subject to additional proportionate fair share contributions.

4.

Applicants may submit a letter to withdraw from the proportionate fair share agreement at any time prior to the execution of the agreement. Ute application fee and any associated advertising costs to the County will be non-refundable.

5.

The County may establish multi-party proportionate fair share agreements for selected facilities to facilitate collaboration among multiple applicants on improvements to a shared facility.

6.

Developer improvements authorized under this section involving dedications to the County will be completed upon final acceptance of the improvements and receipt of a warranty bond.

7.

Developer improvements authorized under this section not involving dedications to the County will be completed upon recording of a final plat or upon issuance of a certificate of occupancy.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Proportionate fair share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the County's Capital Improvements Program, or for use as otherwise established in the terms of the Proportionate Fair Share Agreement. The County is obligated to improve the facility within ten (10) years of entering into the Proportionate Fair Share Agreement. Not doing so will violate the terms of the agreement and the County may need to refund those proportionate fair share contributions.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Washington County shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Washington County shall produce an annual report as part of the Concurrency Management System that includes the following:

1.

A summary of actual development activity including a schedule of phases and current status.

2.

A summary of building permit activity including those that are active as well as expired.

3.

A summary of development orders issued including those that are active, expired, and completed.

4.

An evaluation of the capacity available at the beginning of the reporting period and at the end of the reporting period.

5.

A comparison of actual capacity and levels of service to adopted levels of service from the Washington County Comprehensive Plan.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Appeals related to determinations of concurrency shall be made pursuant to the provisions in Article X of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)