§ 47-24.9. Concurrency review finding of adequacy.

A.

Concurrency review finding of adequacy. For a proposed development requiring review by the development review committee (DRC), a finding of adequacy for all facilities except drainage and traffic shall be required. The department shall review and issue the finding based on the requirements set out herein. A finding for drainage and traffic shall be issued at the time initial DRC review is approved.

1.

Exemption. The following developments will be exempt from the requirements of this section:

a.

The construction of public transportation, potable water, sanitary sewer, solid waste, drainage, parks and recreation facilities or a development or construction project which is being undertaken for the protection of the public health, safety or welfare.

b.

Maintenance, renewal, improvement, alteration of any structure where the work affects only the interior or color of the structure or the decoration of the exterior of the structure.

c.

Permits for accessory structures to established residential structures.

d.

Any development order consistent with a development of regional impact pursuant to F.S. § 380.06, approved prior to January 1, 1990.

e.

Any development which has been determined to be vested as determined by the zoning administrator.

f.

Construction of one (1) single family house or duplex on one (1) platted lot or parcel of record as of January 1, 1990 and is in an in-fill area as defined by the Broward County Land Development Code.

g.

Expansion of a single family house or duplex.

h.

Change in the use of land to another use permitted within the same zoning district and within the same group occupancy categories as defined by the Florida Building Code when there is no expansion of the structure.

i.

The creation or termination of rights of access, riparian rights, covenants regarding development of the land or other rights in land.

2.

Finding of adequacy. An application for concurrency evaluation shall be submitted to the DRC prior to or simultaneous with an application for a development permit. Upon review of an application for concurrency evaluation, a finding of adequacy or inadequacy for those facilities as provided below shall be issued by the department and shall remain valid provided an application for development permit consistent with the application for concurrency evaluation is submitted within sixty (60) days of issuance of the finding and shall remain valid as follows:

a.

For a proposed development requiring review by the development review committee (DRC), a finding of adequacy for all facilities except drainage and traffic shall be issued. A finding for drainage and traffic shall be issued at the time initial DRC review is approved.

b.

For a proposed development requiring site plan level I approval and not DRC approval, a finding of adequacy for all facilities except drainage shall be issued. A finding of adequacy for drainage shall be issued at the time a complete application for a building permit is submitted. A finding of adequacy shall remain valid as long as the site plan is approved within six (6) months of submission of an application for site plan approval and shall remain valid as long as the site plan approval is valid.

c.

For a proposed development requiring a building permit, a finding of adequacy for all facilities except drainage shall be issued. A finding of adequacy of drainage shall be issued at the time a complete application for a building permit is submitted. A finding of adequacy shall remain valid as long as the building application is under review and if a building permit is issued, shall remain valid as long as the building permit is valid.

d.

For all proposed developments requiring a development permit, a finding of adequacy shall be valid for as long as the development permit is valid.

e.

An application for a development permit must be consistent with the information on which the concurrency evaluation was based. If the applicant increases the intensity or density of the development proposal during the development review process, a new concurrency evaluation will be required.

3.

Criteria. The criteria for review of an application for a finding of adequacy, is provided in Sec. 47-25.2, Adequacy Requirements.

4.

Conditional finding of adequacy.

a.

If it is found that a proposed development shall cause or contribute to the increase in a deficiency in the adopted level of service of existing facilities for potable water, sanitary sewer, solid waste, drainage, parks and recreation and transportation, a conditional finding of adequacy may be issued by the department based on the following:

i.

The necessary facilities or services are in place at the time the impacts of development occur; or

ii.

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

iii.

The applicant has entered into an enforceable development agreement that provides for the construction of the necessary facilities to be in place when the impacts of development occur.

b.

If it is found that a proposed development shall cause or contribute to an increase in a deficiency in the adopted level of service of existing facilities for parks and open space and transportation, a conditional finding of adequacy may be issued by the department based on the following:

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 (1) 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 (1) year of the issuance of the applicable development permit.

c.

It is found that a proposed development shall cause or contribute to an increase in a deficiency in the adopted level of service of existing facilities for transportation, a conditional finding of adequacy may be issued by the department based on the following:

i.

The necessary improvement to the transportation facilities is one (1) which complies with the requirements provided in F.A.C. Rule 9J-5.055(2)(c).

d.

There is an approved action plan to accommodate the traffic impact of the development.

i.

An action plan is a program of transportation improvements designed to accommodate the net traffic impact of development. Action plans shall be submitted to and reviewed by the development review committee. Final approval of an action plan shall be by an agreement with the city commission.

ii.

The proposed development is located within an existing urban service area where public facilities are already in place, and:

a)

For proposed development on vacant land, the residential density shall not exceed an average of four (4) dwelling units per gross acre and the nonresidential floor area shall not exceed ten percent (10%) of the gross land area; or

b)

For proposed redevelopment of developed property, the number of proposed dwelling units shall not exceed twice the number of existing dwelling units, and the proposed gross floor area for nonresidential use shall not exceed twice the existing floor area.

e.

In addition, the proposed development or redevelopment shall meet the following criteria:

i.

The traffic generated by the proposed development on the overcapacity link does not exceed one-tenth of one percent (0.1%) of the capacity of that link at the adopted level of service; and

ii.

The cumulative impact of the exemptions provided in this subsection A.4 shall not exceed three percent (3%) of the maximum capacity of any overcapacity link at its adopted level of service; and

iii.

The total traffic generated by the proposed development shall not exceed five hundred (500) trips per day.

f.

A notation shall be placed on the face of the plat, or recorded against the property via a separate document if the application is not for a plat, stating: "If a building permit for a principal building is not issued on the subject property within three (3) years of the issuance of the development order approving the plat, the finding of adequacy of the regional road network shall expire, and no additional building permits shall be issued unless a new finding, that the application satisfied the adequacy requirements for the regional road network, can be made."

5.

Installation of required improvements. All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy.

6.

Payment of monies in lieu of installation of required improvements.

a.

In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept payment or a bond in the amount needed to ensure completion of the required improvements.

b.

The city will accept such payment or bond from the applicant, when the applicant has demonstrated good cause for its inability to complete the installation of the required improvements, and such delay will not cause risk to public health or safety.

c.

Funds in the amount of the cost of the required improvements will be paid to, or a bond in the amount of one hundred twenty-five percent (125%) of the cost of the required improvements shall be posted with the city.

d.

Any funds collected or bonds posted pursuant to this subsection shall only be expended within five (5) years of the date such money or bond was collected by the city.

e.

If the cost of said improvements is less than the money held by the city, or if the money has not been spent or used within the five (5) year time frame, then a refund of any funds held by the city shall be made to the developer or the bond shall be released.

f.

However, should any required improvement be budgeted and planned for completion within said five (5) year time frame, but not started or totally completed within said five (5) years, then in that case no refund or release shall be allowed.

g.

A developer shall only be required to pay its proportionate share of the cost of required improvements in those cases in which the improvement does not solely benefit the development.

(Ord. No. C-97-19, § 1(47-24.9), 6-18-97; Ord. No. C-03-23, § 2, 7-1-03 )