§ 23-701. Purpose and intent; definitions  

Effective on Tuesday, January 19, 2016
  • (a) This division establishes a "concurrency management system" to evaluate development applications to ensure that adequate capacity in required public facilities is or will be available to serve the proposed development at the time it is required. In accordance with F.S. § 163.180, public facilities subject to the concurrency management system are: sanitary sewer, potable water, solid waste, roads, public schools, recreation and open space, and drainage. The demand on a public facility is calculated through the use of the level of service (LOS) standard for that facility or service adopted by the city in the Lake Wales Comprehensive Plan and set forth in Table 23-705

    (b) It is the intent of the city commission that no development permits or orders may be issued that will cause a public facility or service to operate below the adopted level of service standard. Development orders may, however, be conditioned such that public facility improvements or capacity will be in place "concurrent" or at the time the facility or service is needed by the proposed development. Consistent with Florida law, public facilities to serve the new development shall be in place no later than the issuance by the city of a certificate of occupancy (CO) or its functional equivalent.

    (c) The concurrency management system is intended to serve the long term interests of the citizens of Lake Wales by implementing a managed growth perspective that monitors the capacity of important public facilities and services in order to prevent the degradation of adopted levels of service. The system does not, however, serve as a guarantee to any person or property owner that a particular level of service or amount of capacity currently exists or will exist in the future on a particular public facility at any given point in time.

    (d) The following definitions apply to concurrency management rules and regulations:

    Building permit: For purposes of the concurrency management system, a permit may authorize the construction of a new building, expansion of floor area, or an increase in the number of dwelling units contained in an existing building, or a change in use.

    Capacity: The availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as gallons per day or average daily trips.

    Capacity, available: Capacity that can be reserved or committed to future users for a specific public facility.

    Capacity, committed: The amount of capacity that has been committed to accommodate existing developments, developments which have been issued a final development approval, committed development, and vested developments.

    Capacity, reserved: Capacity that has been removed from the available capacity pool and allocated to a particular property for a set period of time.

    Certificate of occupancy: A document issued by the building official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

    Concurrency facilities: Public facilities and services for which a level of service must be met concurrent with the impacts of development or an acceptable deadline as mandated in the City of Lake Wales Comprehensive Plan pursuant to F.S. Ch. 163 , shall include: Sanitary Sewer, Potable Water, solid Waste, Roads, Public Schools, Recreation & open Space, and Drainage.

    Concurrency management monitoring system: The data collection, processing and analysis performed by city staff to determine available capacity for concurrency facilities. Data utilized shall be the most current reliable information available to the city.

    Concurrency management system (CMS): The procedure and process that the city uses to ensure that no development order or building permit is issued by the city unless the necessary concurrency facilities are available or are assured to be available consistent with the city's comprehensive plan. The procedure and process is also intended to ensure that sufficient capacity for concurrency facilities are available to meet and maintain adopted levels of service. As part of the CMS, the city shall operate and maintain a concurrency management monitoring system.

    Concurrency review: An evaluation by the planning and development director and staff based on adopted level of service standards to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, as defined in this CMS. If such facilities are not available, the developer of a proposed development shall bear the cost of providing public services and facilities at the level of service defined by the comprehensive plan and concurrent with the impacts of a proposed development.

    Concurrency status report: A status report prepared by the city identifying available concurrency facility capacity. The status report shall be produced, modified and adjusted from time-to-time as a result of the reservation of capacity or other act that alters the availability of concurrency facility capacity.

    Design capacity: The potential or suitability for holding, storing or accommodating the demands upon a concurrency facility.

    Development agreement: An agreement between the city and another party associated with the development of land or the provision of public infrastructure, which may include development agreements defined pursuant to F.S. § 63.3220, or as may be associated with development orders issued pursuant to F.S. § 380.01.

    Level of service (LOS): An indicator of the operational efficiency of service provided by a concurrency facility.

    Level of service standard: The adopted volume of demand required for each concurrency facility to achieve acceptable operational efficiency.

    Vested: Development shall be deemed "vested" and not subject to requirements of concurrency management if development circumstances meet criteria for common law or statutory vesting, as defined below. All "non-vested" development or development orders are subject to all requirements of this CMS.

    Vested rights, common law: A right not created by statute or the provisions of the City of Lake Wales Comprehensive Plan which would authorize the development of real property or the continued development of real property notwithstanding the provisions of the city's comprehensive plan. The city may find such vesting to exist whenever the applicant proves by a preponderance of evidence that the real property owner, acting in good faith upon some act or omission of the city has made a substantial change in the position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the real property. The assignment of the particular zoning classification or the assignment of a particular land use designation to parcel of real property does not guarantee or vest any specific development rights to any person or entity as to said real property.

    Vested rights, statutory: A statutory right to develop or to continue the development of real property pursuant to the provisions of F.S. § 163.3187(8) or its successor provisions. Such vesting may be found to exist if a valid and unexpired final development approval was issued by the city prior to the March 15, 2005, if construction has commenced on the subject development and the development is in the process of being completed or further development is continuing in good faith. Statutory vesting does not occur unless all material requirements, conditions, limitations and regulations of the development approval have been met and are being maintained.

(Ord. No. 2005-27, § 1, 7-5-05; Ord. No. 2008-05, § 1, 2-19-08; Ord. No. 2016-01, § 8, 01-19-16)