§ 4.02.05. Initial determination of concurrency.

(a)

The initial determination of concurrency occurs during the review of the preliminary development plan, and shall include compliance with the level of service standards adopted by the town.

(b)

Pages H IV-I through H IV-II of the town comprehensive plan as shown in subsection (c) of this section, which describe:

(1)

The requirement for an annual review of the plan by the town council; the monitoring and evaluation procedures;

(2)

The requirement for a written report to be filed each year based on the review;

(3)

The issuance of development orders and permits;

(4)

The concurrency management system; a capital improvement budget and a five year schedule of capital improvements;

(5)

A realistic, financially feasible funding system;

(6)

A monitoring system;

(7)

Standards for various facilities;

(8)

Coordination of land use decisions with the towns financial capabilities;

(9)

Debt management practices;

(10)

Evaluation of capital improvement projects;

(11)

Levels of service standards; and

(12)

Other administrative requirements.

(c)

All of the requirements, policies and objectives from the comprehensive plan (now pages IV-5 through IV-16), which follow, are incorporated into this Land Development Code:

H

IV. Capital Improvements Goals, Objectives and Policies

(1)

Goal. The town shall undertake innovative actions necessary to adequately provide, through the use of sound fiscal policies, needed public facilities for all residents in a manner which protects investments in existing facilities, maximizes the use of existing facilities and promotes orderly compact growth consistent with the future land use map while retaining the quality of life in the town (F.S. § 187.201(16)(a) and (18)(a)) (ECFRPC 60.18 to 60.21, 60.23, 60.25 to 60.27, 60.29 and 65.5).

(d)

Measurement of the objectives in this element shall be measurable by the implementation of the policies in each objective of the element.

(1)

Objective 1.0. The town shall require that the comprehensive plan is implemented in a timely manner, is updated as conditions within the area change or at a minimum reviewed yearly and in a matter that all interested residents are given ample opportunity to participate in the planning process. (F.S. §§ 163.3177(3)(b), 187.201(26)(a) and (b)(2) and 6), F.A.C. Rules 9J-5.016(3)(b), 9J-5.016(5) and 9J-5.0055(2))

a.

Policy 1.1. The town council (local planning agency) shall conduct at least one public hearing, advertised pursuant to the provisions of F.S. § 163.3161 on an annual basis to review the performance of the town's implementation of the comprehensive plan, to determine if amendments are necessary and to seek public comment on the status of the comprehensive plan. Such public hearing shall be held in conjunction with the annual updates of this element, as required by F.A.C. Rule 9J-5. Subsequent hearings and needed advertising for any amendments of the comprehensive plan shall follow procedures outlines in F.S. § 163.3161. (F.S. § 187.201(26)(b)(6).)

b.

Policy 1.2. The town council will, beginning in 1991, review the effectiveness of its capital improvement program and annual budgeting program in accordance with the following monitoring and evaluation procedures and make such changes in these programs that are appropriate: (F.S. § 187.201(26)(b)(3) and F.A.C. Rule 9J-5.016(3)(c)(9)) (ECFRPC 59.1)

Monitoring and Evaluation Procedures

1.

The role of monitoring and evaluation is vital to the effectiveness of any planning program and particularly for the capital improvements element. This is largely because the town's revenue and expenditure streams are subject to fluctuations in the market and economy. It is the behavior of these streams which will be used to predict fiscal trends in order to maintain the town's adopted level of service standards for public facilities. Therefore, the capital improvements element requires a continuous program for monitoring and evaluation, and pursuant to F.S. ch. 163, this element shall be reviewed on an annual basis to ensure that required fiscal resources are available to provide public facilities needed to support adopted LOS standards.

2.

The annual review at a public hearing and a subsequent written report to be filed with the five-year monitoring and evaluation report shall be the responsibility of the town council. The town manager, the town's CPA and the town planner shall serve as advisory members at all formal deliberations related to capital improvement monitoring and evaluation. The town council shall direct staff to take action deemed appropriate.

3.

The review shall include the following considerations, and will include an examination of these considerations in order to determine their continued appropriateness:

(i)

Any corrections, updates and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in the element;

(ii)

The capital improvement element's consistency with the other elements and its support of the future land use element;

(iii)

The town's ability to provide public facilities and services;

(iv)

The priority assignment of existing public facility deficiencies;

(v)

The town's progress in meeting those needs determined to be existing deficiencies;

(vi)

The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority;

(vii)

The town's effectiveness in maintaining the adopted LOS standards;

(viii)

The town's effectiveness in reviewing the impacts of plans and programs of the county that provide public facilities within the town's jurisdiction;

(ix)

The effectiveness of mandatory dedications or fees in lieu of, for assessing new development a pro rata share of the improvement costs which they generate;

(x)

The cost effectiveness of imposing impact fees and if imposed, the effectiveness of such impact fees;

(xi)

The ratio of outstanding indebtedness to the property tax base;

(xii)

Efforts made to secure grants or private funds, whenever available, to finance the provision of capital improvements;

(xii)

The transfer of any unexpended account balances;

(xiv)

The criteria used to evaluate proposed plan amendments and requests for new development or redevelopment;

(xv)

Capital improvements needed for the latter part of the planning period, for inclusion in the five-year schedule of improvements;

(xvi)

The adherence to its capital improvement schedule;

(xvii)

The ability to ascertain at any given time the existing infrastructure capacity;

(xviii)

Needed changes to this monitoring and evaluation procedures.

c.

Policy 1.3. The town shall, by 1993, review and amend its regulations and policies so as to improve efficiency and economy in the areas of records-management, information management and competitive bid contracting (F.S. § 187.201(21)(b)(9 and 11)).

(2)

Objective 2.0. Insurance of development orders and permits by the town shall be controlled by a concurrency management system established by the town council which requires that facilities and services which do not reduce the adopted level of service standards are in place, shall be in place or are guaranteed by a binding contract or agreement to be provided prior to the impact of the development (F.A.C. Rules 9J-5.016(3)(b) and (3)(c)(6) and 9J-5.0055).

a.

Policy 2.1. By 1992, the town shall adopt and implement a concurrency management system which includes, as a minimum, the following (F.A.C. Rule 9J-5.055(2)):

1.

A capital improvements budget and a five-year schedule of capital improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible and are adopted annually in the budget process (F.A.C. Rule 9J-5.016(3)(c)(7)).

2.

The five-year schedule of improvements which includes both necessary facilities to maintain the established level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate that portion of existing deficiencies which are a priority to be eliminated during the five-year period under the town's schedule of capital improvements pursuant to F.A.C. Rule 9J-5.016(4)(a)1.

3.

A realistic, financially feasible funding system based on currently available revenue sources which is adequate to fund the public facilities required to serve the development authorized by the development order and development permit and which public facilities are included in the five-year schedule of capital improvements.

4.

The five-year schedule of capital improvements must include the estimated date of commencement of actual construction and the estimated project completion date and which areas will be provided with public funds in accordance with the five-year capital improvement schedule.

5.

A provision that a plan amendment shall be required to eliminate, defer or delay construction of any facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of improvements.

6.

A requirement that the town shall, by 1992, adopt local development regulations which, in conjunction with the capital improvements element, require that development orders and permits are issued in a manner that will guarantee that the necessary public facilities and services will be available to accommodate the impact of that development.

7.

A provision that a monitoring system shall be adopted which enables the town to determine on an annual basis whether it is adhering to the adopted level of service standards and its schedule of capital improvements and that the town has a demonstrated capability of monitoring the availability of public facilities and services.

8.

The development of guidelines for interpreting and applying level of service standards to applications for development orders and permits and determining when the test for concurrency must be met. At a minimum, the latest point in the application process for the determination of concurrency is prior to the approval of a development order or permit which contains a specific plan for development, including the densities and intensities of development and which would authorize the commencement of construction or physical activity on the land. Development orders and permits approved prior to the actual authorization for the commencement of construction or physical activity on the land must be conditioned to provide that actual authorization of the final permit which will authorize the commencement of construction or physical activity will be contingent upon the availability of public facilities and services necessary to serve the proposed development.

9.

A provision that the town manager, chairperson of the development review board and the councilmember overseeing the budget shall personally authorize, in writing, all development orders and permits after such approval, as is required by the town council, the town's ordinances or the comprehensive plan.

b.

Policy 2.2. The town's concurrency management system, when adopted by regulation, shall provide that public facilities and services needed to support development are available concurrent with the impacts of such development by meeting the following standards prior to issuance of a permit (F.A.C. Rule 9J-5.055).

1.

For potable water, sewer, solid waste and drainage, at a minimum, the following standards will satisfy the concurrency requirement:

(i)

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

(ii)

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

(iii)

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

(iv)

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of F.A.C. Rule 9J-5.0055(2)(a)1 through 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 impact of development occur.

2.

For parks and recreation, at a minimum, the following standards will satisfy the concurrency requirement:

(i)

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

(ii)

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one 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.

3.

For roads, at a minimum, the following standards will satisfy the concurrency requirement:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one 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; or

(vi)

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of subsections (d)(2)b.3(i) through (iii) of this section. 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.

4.

In determining the availability of services or facilities, a developer may propose, and the town council by a majority of the votes of its total membership may approve developments in stages or phases so that facilities and services needed for each phase shall be available in accordance with the standards required by F.A.C. Rule 9J-5.0055(2)(a), (2)(b) and (2)(c).

5.

Developers shall assess their needs for essential services (electricity, gas, etc.) and seek confirmation of future availability from appropriate utility suppliers. Confirmation should be provided to the town by the utility during the planning stages of development, but no later than prior to the issuance of a development order.

6.

The latest point in the application process for the determination of concurrency is prior to the approval of an application for a development order or permit which contains a specific plan for development, including the densities and intensities of development.

c.

Policy 2.3. The town manager, chairperson of the development review board and the councilmember overseeing the budget shall personally approve in writing, all development orders and permits after such approval as is otherwise required by current ordinances, regulations or the town council is completed.

d.

Policy 2.4. Should the town prepare projected revenue sources that include the town's intent to increase the amount of a revenue source which is contingent on ratification by a public referendum, for the sole purpose of determining the financial feasibility of the capital improvements element, this plan must be amended to include policies which identify alternatives and actions to be undertaken should the referendum fail. Such an amendment should identify alternative funding sources or other proper actions.

e.

Policy 2.5. Local fiscal policies shall direct expenditures for capital improvements in a manner that policies in other elements of the plan are recognized (F.A.C. Rule 9J5-5016(3)(c)(9)).

(3)

Objective 3.0. The town shall coordinate land use decisions with its financial capability so as to meet level of service standards and provide capital improvements while managing a realistic, financially feasible funding system to correct existing deficiencies, to accommodate desired future growth consistent with the future land use map, and to replace worn out or obsolete facilities, as indicated in the five-year schedule of improvements of this element.(F.A.C. Rule 9J-5.016(3)(b)(1), (3)(b)(5) and 9J-5.055(2)).

a.

Policy 3.1. The town shall use stable revenue sources, fiscally sound and cost-effective financing programs so as to retain financial self-sufficiency while providing necessary facilities and their upkeep (ECFRPC 60.35).

b.

Policy 3.2. The current and future town councils shall, in a fiscally sound manner, establish the millage each year within the limitations of state statutes, so as to provide needed funding for all required expenditures (F.A.C. Rule 9J5.016(4)(a)(2)).

c.

Policy 3.3. The town shall make efforts to secure grants or private funds whenever available to finance, all or part of, capital improvement projects.

d.

Policy 3.4. Debt management practices shall ensure that (F.A.C. Rule 9J-5.016(3)(c)(2)):

1.

Revenue bonds, as a percent of total debt, shall not exceed 50 percent.

2.

The maximum ratio of total debt to total revenue shall not exceed 15 percent.

3.

The maximum ratio of outstanding debt to the property tax base shall not exceed 15 percent.

e.

Policy 3.5. The town shall include all projects necessary to maintain established levels of service standards to serve new developments and to eliminate that portion of existing deficiencies which are a priority to be eliminated during the five-year period of the town's planned schedule of improvements which are identified in any element of this plan and determined to be of relative large scale and high cost ($25,000.00 or greater), as capital improvement projects (and include in any listing thereof, their estimated project completion date) within the five-year schedule of improvements of this element and all capital improvements with costs of less than $25,000.00 shall be included in the six-year capital improvement program as part of its annual budget program.

f.

Policy 3.6. A capital improvements coordinating committee is hereby created, composed of the mayor, town manager and the councilmember overseeing the budget with the responsibility for evaluating and ranking, in order of priority, projects proposed for inclusion in the five-year schedule of improvements.

g.

Policy 3.7. Proposed capital improvement projects, to include the replacement and/or renewal of capital facilities, shall be evaluated and ranked in order of priority according to the following guidelines (F.S. § 187.201(18)(b)(2) and F.A.C. Rule 9J-5.016(3)(c)(1) and (3)(c)(3)) (ECFRPC-60.22, 59.5, 59.7, 66.3):

1.

Is the project needed to protect public health and safety? Does it fulfill the town's legal commitment to provide facilities and services, does it preserve or achieve full use of existing facilities, or does it correct an existing deficiency?

2.

Does the project increase the efficiency of existing facilities, prevent or reduce future improvement costs, provide service to developed areas lacking service or promote in fill development and has efficient use been made in energy conservation?

3.

Should the facility be upgraded or replaced?

4.

Does the improvement represent a logical extension of existing facilities and/or services within the town?

5.

What is the impact of the proposed project upon the local budget?

6.

Is the project financially feasible?

7.

What is the effect on plans of the state or county within the town?

h.

Policy 3.8. The town, by 1993, shall amend its ordinances so that public facilities and services intended to serve future development needs that are inconsistent with the town's comprehensive plan shall not be permitted or provided, unless the comprehensive plan is amended by the town. (ECFRP 60.25.)

i.

Policy 3.9. Prior to the approval for issuance of certificates of occupancy, the town shall provide for all public facilities and services needed to serve a development for which a development order was previously issued and so certify, in writing, to the county (F.A.C. Rule 9J-5.016(3)(c)(5)).

j.

Policy 3.10. The town shall immediately take steps to amend the current agreement or enter into a new agreement with the county which provides that no certificate of occupancy shall be issued by the county without written approval of the town manager.

k.

Policy 3.11. The town shall review the public facility and service recommendations of its capital improvement and other elements of this plan with every future land use plan amendment, in order to ensure continued proper coordination and compatibility between public facilities and changing land use patterns, as well as any redevelopment demands.

l.

Policy 3.12. The town manager shall prepare and annually update a maintenance schedule for public facilities.

m.

Policy 3.13. The capital improvement program shall be coordinated with the county and other agencies through the intergovernmental coordination procedures outlined in this element.

(4)

Objective 4.0. Level of service standards established within the comprehensive plan shall be maintained as a minimum (F.A.C. Rule 9J-5.016(3)(b)(3) and (3)(c)(4)).

a.

Policy 4.1. The level of service standards outlined below have been adopted within the various elements of this plan and such facilities as are needed to meet these minimum levels of service standards shall be available concurrently with the impact of any new developments as outlined in this element.

1.

Recreation levels of service standards. Facility level of service are as follows:

(i)

Neighborhood park: one per 5,000 population.

(ii)

Park acreage: 2.5 acres per 1,000 persons.

(iii)

Tennis courts: one per 1,000 persons.

(iv)

Boat ramp: one per 4,300 persons.

(v)

Bicycle paths: one mile per 1,000 persons.

2.

Potable water level of service standards. The town level of service standards, as established by the county, is 350 gallons per day per equivalent residential unit.

3.

Roads level of service standards. The town establishes the following peak level of service standards for each listed facility as indicated:

(i)

Classification peak.

A.

Collector roads D.

B.

Local E.

(ii)

Constrained facilities. Maintain operating conditions: the peak hour volume shall not increase more than ten percent of that existing.

4.

Sewer level of service standards. Sewer level of service standards (no facility), however the town adopts the county level of service standard of 300 gallons per day, per equivalent residential unit for sanitary sewer usage.

5.

Solid waste level of service standard. Solid waste level of service standard (no facility), however the town adopts the county level of service standard of 4.0 pounds/day/person for residential and 2.0 pounds/day/person for commercial activities with respect to solid waste.

6.

Drainage level of service standard. The minimum level of service standard for drainage facilities shall provide the 100 year 24 hour rainfall event protection and provide retention for water quality consistent with new and innovative techniques.

(5)

Objective 5.0. All future developments shall bear a proportionate share of the cost of facility improvements necessitated by the development in order to maintain adopted level of services standards (F.A.C. Rule 9J-5.016(3)(b)(4) and (3)(c)(8))(ECFRPC 60.38, 60.34, 60.36).

a.

Policy 5.1. The town shall, by 1992, adopt an ordinance requiring developers to provide internal roads, internal stormwater drainage systems and their pro rata share of other needed facilities so as to maintain the previously stated level of service standards. Plat approval shall only be authorized if needed fees are paid or mandatory dedication is completed (F.S. § 187.201(18)(b)(4)).

b.

Policy 5.2. The town, by 1993, shall adopt regulations which require analyses of all new public facilities to determine the allocation of costs amongst the state, county, other local governments, the town and the private sector and through intergovernmental coordination assist in establishing such intergovernmental and developers agreements that are needed prior to approval of such facilities (F.S. § 187.201(18)(b)(4)).

(Ord. No. 91-6, § 3(4.02.06), 2-11-1992)