§ 30-305. Review of development orders and permits.

(a)

Purpose. It is the purpose of this section to provide an orderly and equitable procedure for the issuance of development orders and permits, whenever the rate of intensity of growth and development is likely to exceed the capacity of essential public facilities, in order to ensure that the purposes of the village comprehensive plan are achieved.

(b)

Application for development. As a condition of approval of a development order, all applicants for development shall file an application with the village in the form prescribed by the director of planning and development services, accompanied by a fee to be set by resolution of the village council. The application shall include a written evaluation of the impact of the anticipated development on the levels of service for public facilities and services and demonstrate that public facilities and services are available prior to or concurrent with the impacts of development as follows:

(1)

Potable water, sewer, solid waste and drainage. For potable water, sewer, solid waste and drainage, the following standards of F.S. § 163.3180 shall be met:

a.

A final development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or

b.

At the time a final development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent.

(2)

Recreation and open space. For recreation and open space, at a minimum, the following standards shall be met to satisfy the concurrency requirement:

a.

At the time a final development order or permit is issued, the necessary facilities and services are in place or under actual construction; or

b.

A final development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated to the village. Alternatively, funds equating to the developer's fair share impact fee may be provided to the village to be accumulated in an account dedicated to land acquisition and development of recreation and open space facilities required to meet level of service standards. In either case, the following shall also be met:

1.

A development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent as provided in the village's adopted five-year schedule of capital improvements; or

2.

At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or

3.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent.

(3)

Transportation/roadway facilities. For transportation/roadway facilities, at a minimum, the village shall ensure that the following standards are met to satisfy concurrency requirements:

a.

At the time a development order or permit is issued, the necessary facilities and services are in place or under actual construction, at the adopted overall level of service standard; or

b.

A development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years after the issuance of a certificate of occupancy or its functional equivalent as provided in the village's adopted five-year schedule of capital improvements or the first three years of the FDOT adopted work program, with:

1.

The estimated date of commencement of actual construction; and

2.

The estimated date of project completion; and

3.

Assurance that a plan amendment is required to eliminate, defer or delay construction of the required facilities as listed in the five-year schedule; or

c.

At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or

d.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or

e.

A proposed development may be deemed to have a de minimis impact and may be exempted from the transportation concurrency requirements, only if all of the development proposal is for an increase in density or intensity of less than or equal to the density or intensity of the existing development. No impact will be de minimis if it would exceed the adopted level of service standard of any affected designated hurricane evacuation route; or

f.

The village shall allow an applicant for a development order or permit to satisfy the transportation concurrency requirements of section 30-304(1) when one of the following factors is shown to exist:

1.

The applicant enters into a binding agreement to pay for or construct its proportionate share of the costs of providing the necessary transportation facilities to serve the proposed development. The applicant shall provide a bond, letter of credit or other similar security interest when construction of transportation facilities are provided for within such agreement; or

2.

The proportionate share contribution or construction is sufficient to accomplish one or more mobility improvements that will benefit a regionally significant transportation facility.

(c)

Facilities impact report.

(1)

An applicant shall prepare a facilities impact report which demonstrates that:

a.

The development will not reduce the capacity of the facility; or

b.

The necessary facilities and services are in place at the time a development permit is issued; or

c.

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

d.

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

e.

The necessary facilities and services are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 and this chapter, or an agreement or development order issued pursuant to F.S. ch. 380; or

f.

The necessary facilities and services will be served by a concurrency management system which meets the requirements of F.S. ch. 163; or

g.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable proportionate fair- share mitigation agreement.

(2)

The facilities impact report required by this section shall use acceptable professional methodologies and standards inclusive of a cumulative traffic impact analysis, where necessary, as provided by the director of planning and development services.

(d)

Validity period of findings of available capacity. Findings of available capacity under this section shall be valid for a period of two years. An applicant whose finding has expired, but wishes to proceed with development, shall file a new application for review with the village, and obtain a new finding of capacity before proceeding.

(e)

Non-binding determination of capacity; fee. Upon payment of a fee to be set by resolution of the village council, an applicant may seek a non-binding determination of capacity for any property within the village, to assist with the private planning and development of the property.

(Ord. No. 01-19, § 2(4.4.5), 11-19-2001; Ord. No. 06-21, § 2, 11-9-2006; Ord. No. 13-19, § 2, 8-22-2013; Ord. No. 13-21, § 2, 8-22-2013)