§ 23-708. Criteria for concurrency.

A certificate of concurrency will not be granted for a proposed development unless the city finds that adequate capacity for concurrency facilities exists at or above the adopted level of service in order to accommodate the impacts of the proposed development, or that improvements necessary to bring concurrency facilities up to their adopted level of service will be in place concurrent with the impacts of the development.

a. Minimum criteria. The following minimum criteria must be used to determine if a required public facility or service is available to support proposed development.

1. Sanitary sewer, potable water and drainage.

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

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

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

D. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of Rules 9J-5.005(2)(a)1—3. 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 will be in place when the impacts of the development occur.

2. Solid waste. The criteria of paragraph 1. shall apply, and, in addition, the applicant must provide the city with a notarized letter from Polk County certifying that the proposed development's solid waste generation can be accommodated at the county's landfill. A certificate of occupancy will not be issued unless all facility improvements necessary to accommodate the impacts of the development are in place.

3. Roads. The criteria of paragraph 1. shall apply, and, in addition, for projects impacting county and state roadways, the applicant must provide the city with a certificate of transportation concurrency or an exemption from Polk County and a copy of a proportionate fair-share agreement, if applicable. Transportation concurrency for city roadways may be satisfied by a transportation proportionate fair-share agreement executed pursuant to section 23-709

4. Parks and recreation. The criteria of paragraph 1. shall apply, or alternatively, the following shall be met:

A. At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract that provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the development permit; or

B. The necessary facilities and services are guaranteed in an enforceable development agreement that requires the commencement of actual construction of the facilities or the provision of the services within one (1) 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.

5. Public schools. School concurrency decisions should support and not be in conflict with growth management policies of the comprehensive plan and shall be based upon the school board's concurrency review findings and recommendations and interlocal agreement.

A. Concurrency approval shall be granted by the administrative official only where:

i. The school board's findings indicate adequate school facilities for each level of school will be in place or under construction within three (3) years of the issuance of the subdivision plat or site plan for each level of school.

ii. Adequate school facilities are available in the relevant school concurrency service area (CSA) or adjacent CSA where impacts of development can be shifted to that area; or

iii. The developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by the actual development of the property subject to the final plat or site plan.

iv. The identified deficiency is mitigated by available capacity in a start-up charter school.

B. In the event that there is not sufficient capacity in the affected concurrency service area based on the adopted level of service standard to address the impacts of a proposed development, and the availability standard for school concurrency cannot be met, one (1) of the following shall apply:

i. The project shall provide capacity enhancement(s) sufficient to meet its impact through mitigation approved by the school board and consistent with the city's school facilities element of the comprehensive plan; or

ii. The project shall be delayed to a date when the level of service can be ensured through capital enhancement(s) of planned capacity increases; or

iii. A condition of approval of the subdivision or site plan is imposed to phase the project's impact on a schedule ensuring that capacity enhancement and level of service can be ensured; or

iv. The project shall not be approved.

C. If the impact of the project will not occur until years two (2) or three (3) of the school board's financially feasible five-year program of work, then any relevant programmed improvements in those years shall be considered available capacity for the project and factored into the level of service analysis. If the impact of the project will not be felt until years four (4) or five (5) of the five-year program of work, then any relevant programmed improvements shall not be considered available capacity for the project unless funding of the improvement is ensured through school board funding to accelerate the project, through proportionate share mitigation or some other means.

b. Additional requirements.

1. Solid waste. Commercial and industrial developments that are potential hazardous waste generators shall provide a description and estimate of tonnage of solid waste to be generated for which the development will be responsible for coordinating with Polk County for disposal of such waste. The applicant will provide the city with a notarized letter from Polk County certifying that the proposed development's hazardous waste generation can be accommodated at the county's landfill. A certificate of occupancy will not be issued unless all improvements necessary to accommodate the impacts of the development are in place.

2. Recreation. Commercial and industrial developments are not assessed as having an impact on recreational facilities. However, the city may require the provision of recreational facilities as part of planned unit developments. Prior to the issuance of a building permit, all facility improvements necessary to accommodate the impacts of the entire development must be approved and a schedule established for their implementation such that all improvements will be completed prior to the issuance of the last certificate of occupancy.

(Ord. No. 2005-27, § 1, 7-5-05; Ord. No. 2006-46, § 2, 12-5-06; Ord. No. 2008-05, § 6, 2-19-08)