(A) Procedure and method. For the purpose of this subchapter, the available capacity of a facility shall be determined by subtracting the demand for service created by the new improvement from the total available capacity for that service, according to the procedure and method hereinafter set forth.
(B) Determination of available capacity. The total available capacity for a given type of service shall be determined by adding together the following:
(1) The total capacity of existing facilities operating at the required level of service; and
(2) The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development.
(C) Service capacity available from new facility. The capacity of a new facility may be counted only if one or more of the following is shown:
(1) Construction of the new facility is under way at the time of issuance of the final development order;
(2) The new facility is the subject of a binding executed contract for the construction of the facility or provision of service at the time of issuance of the final development order;
(3) The new facility is guaranteed in an enforceable development agreement, which includes, but is not limited to, development agreements pursuant to F.S. Ch. 163.3220, or an agreement or development order pursuant to F.S. Ch. 380;
(4) Such new facility shall be consistent with the capital improvement element of the town’s Comprehensive Plan; and
(5) The development agreement must guarantee that the necessary facility or provisions of services will be in place when the impacts of the development occur.
(D) Service demand required by new facility. The service demand required by the new facility is to be subtracted from the total available service capacity. This service demand shall be determined by adding together the following:
(1) The demand for the needed service or facility created by existing development as documented in the town’s Comprehensive Plan; and
(2) The demand for the needed service or facility created by the anticipated completion of other approved developments, redevelopment or other development activity.
(E) Determination when available capacity not shown. Where available capacity 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 adopted level of service, and recordable instruments guaranteeing the construction consistent with the calculations of capacity made pursuant to the methods and procedures of this subchapter; and
(2) The proposed project may be altered so that the projected level of service is not less than the adopted level of service.
(F) Burden of showing compliance on developer. The burden of showing compliance with the level of service requirements shall be upon the developer. In order to qualify for approval, development applications shall provide sufficient information to show compliance with these standards.
(G) Initial determination of concurrency. 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.
(Ord. 1-90, passed 1-31-1991)