§ 66-3. Maintaining level of service standards.

(a)

Generally.

(1)

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

(2)

All applications for development orders shall demonstrate that the proposed development does not degrade adopted levels of service in the city.

(3)

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 under 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.

(4)

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.

(b)

Determination of available capacity. For purposes of this chapter the available capacity of a facility shall be determined by:

(1)

Adding together:

a.

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

b.

The total capacity of new facilities that will become 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:

1.

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

2.

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.

3.

The new facilities have been included in the city capital improvement program annual budget.

4.

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 F.S. § 163.3220, or an agreement or development order pursuant to F.S. ch. 380. Such facilities must be consistent with the capital improvements element of the comprehensive plan and approved by the chief zoning and code compliance officer or building official.

5.

The developer has contributed funds to the city 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 city or other governmental entity.

(2)

Subtracting from that number the sum of:

a.

The demand for the service created by existing development; and

b.

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 the level of service requirements of this chapter 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 as determined under subsection (b) of this section 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 as determined under subsection (b) of this section.

(2)

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

(Code 1985, § 155.30)