5.1.1 General

No development activity may be approved unless it is found that the development is consistent with the Village Comprehensive Plan and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impact of the development on those facilities. Proof of adequacy shall be the responsibility of the applicant. The Village Chief Building Official, in consultation with Village Attorney, shall be the local official empowered to make administrative concurrent determinations pursuant to procedures to be approved by the Village Council.

5.1.2 Definition

Concurrency is a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standards at the time of impact of the development project.

5.1.3 Conditional Development Orders

Unless public facilities and services which meet or exceed adopted level of service standards are available at the time the development permit is issued, development orders shall be specifically conditioned upon availability of the public facilities and services

5.1.4 Phasing Permitted

Public facility and service availability shall be deemed sufficient if the public facilities and services for a development are phased, or the development is phased, so that the public facilities and those related services which are deemed necessary by the Village to operate the facilities necessitated by that development are available and meet the adopted level of service standards concurrent with the impacts of the development.

5.1.5 Consistency with Capital Improvement Elements

Phased facilities and services to be provided by the Village, Miami-Dade County or other responsible public agencies shall be included in and consistent with the adopted Capital Improvement Elements of those jurisdictions.

5.1.6 Developer Improvement Guarantees

Public facilities and services to be provided by the developer shall be guaranteed in an enforceable agreement, including development agreements pursuant to Chapter 163, F.S., or agreements or development orders issued pursuant to Chapter 380, F.S.

5.1.7 Vested Rights

Pursuant to Chapter 163.3167(8), F.S., nothing within this Code shall be interpreted to limit or modify the rights of any person to complete any development that has been authorized by a valid development order for a Development of Regional Impact pursuant to Chapter 380, Florida Statutes, or any person who has been issued a final local development order and where development was commenced prior to the adoption of the Village's revised Comprehensive Plan and is continuing in good faith.

5.2.1 General

A.

No development activity may be approved unless it meets the following requirements designed to insure that certain public services are available at prescribed levels of service concurrent with the impacts of to the environment.

B.

Applications for development orders in MER, MFR, RCU, GCU and IU Districts shall demonstrate that the proposed development does not degrade adopted levels of service in the Village.

C.

An application for a development permit shall demonstrate that the proposed development does not degrade adopted levels of service if there exists no development order wider which the permit is sought, and no development order is required prior to the issuance of the permit, e.g. a residence on a parcel of unplatted land.

D.

The latest point at which concurrency is determined is the final development order. If no development order is required, the latest point to determine concurrency is the first development permit on a site.

5.2.2 Determination of Available Capacity

For purposes of these regulations the available capacity of a facility shall be determined by:

A.

Adding Together:

1.

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

2.

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

a)

Construction of the new facilities is under way at the time of application.

b)

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the development permit is issued.

c)

The new facilities have been included in the Village Capital Improvement Program annual budget.

d)

The new facilities are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order pursuant to Chapter 380, Florida Statutes. Such facilities must be consistent with the Capital Improvements Element of the Comprehensive Plan and approved by the Village Engineer.

e)

The developer has contributed funds to the Village necessary to provide new facilities consistent with the provisions of the Capital Improvements Element of the Comprehensive Plan and the various exactions required in this Code. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment, developer agreements or appropriation by the Village or other governmental entity.

B.

Subtracting from that Number the Sum of:

1.

The demand for the service created by existing development; and

2.

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

C.

Burden of Showing Compliance on Developer

The burden of showing the compliance with these level of service requirements shall be upon the developer. In order to be approvable, application for development approval shall provide sufficient information showing compliance with these standards.

D.

Action Upon Failure to Show Available Capacity

Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service:

1.

The project owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for improvements, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service, and recordable instruments guaranteeing the construction, consistent with calculations of capacity above.

2.

The proposed project may be altered sufficiently such that projected level of service is no less than the adopted level of service.

New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service as established in the Comprehensive Plan:

A.

Potable Water

1.

New development 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 Sub-Element of the Comprehensive Plan:

2.

User LOS — Maintain capacity to deliver 100 gallons per capita per day (gpcd) at a pressure of 20 psi or more.

3.

Water Quality — Meet all County, State and Federal primary potable water standards.

4.

Countywide Storage — Storage capacity for finished water shall equal no less than 15% of countywide average daily demand.

5.

Minimum Fire-Flow:

Single Family Residential — 750 gal/min

Multi-Family Residential — 1,500 gal/min

Semi-professional offices — 1,500 gal/min

Business/Industry — 3,000 gal/min

B.

Waste Water

1.

Peak flow:

100 gallons per capita per day where sewer lines exist.

other = septic tanks where sewer lines do not exist.

C.

Traffic Circulation

New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the Transportation Element of the Comprehensive Plan:

1.

Peak hour level of service:

D.

Drainage, Interim

Stormwater Quantity: Accommodate stormwater runoff from the degree of flooding that would result from one day, one in 10 year frequency storm.

Stormwater Quality: Stormwater facilities shall be designed to meet the design and performance standards established in Chapter 62-25, 25.025, FAC, as amended with treatment of the first 1 inch of rainfall runoff to meet water quality standards required by Chapter 62-302,862-302, FAC, as amended.

E.

Solid Waste

1.

Collection services to be provided in all areas of the Village shall be based on population and shall be sufficient to maintain a level of service of six and a half (6.5) pounds per person per day.

F.

Open Space and Recreation

1.

Recreational open space shall be provided at the minimum rate of 1.4 acres of parks per 1,000 permanent residents.