§ 152.32  CONCURRENCY DETERMINATIONS.
   (A)   Concurrency management system established.  There is hereby created a concurrency management system which is based upon the comprehensive plan of the town, including, but not limited to, the capital improvements element thereof and the adopted level of service standards. The system is designed to ensure that the issuance of a development permit will not result in a degradation of the adopted levels of service for specified public facilities and services. The public facilities and services for which levels of service have been established are potable water, wastewater, drainage, solid waste, recreation and traffic circulation.
   (B)   Adopted levels of service not to be degraded.
      (1)   All applications for development permits shall demonstrate that the proposed development does not degrade adopted levels of service in the town.
      (2)   Concurrency shall be determined prior to or simultaneous with the issuance of a building permit. For purposes of this subchapter, the issuance of a building permit or approval of development on platted or unplatted land consistent with applicable zoning regulations shall be deemed not to materially alter the use or density or intensity of use on that piece of property.
   (C)   Determination of available capacity; required submittals. For purposes of determining concurrency, any person seeking a building permit shall provide the town planner evidence that sufficient public facilities and services meeting or exceeding the standards and levels of service established in the city’s comprehensive plan either are available when needed for the development contemplated by the development permit, or will, as a condition of the permit, be available to serve the proposed development. This determination shall be made in accordance with the standards set forth in Rule 9J-5, Florida Administrative Code. The approval of a site plan or a subdivision plat in accordance with the procedures and provisions of this chapter shall be deemed to be preliminary or initial approval only. No site plan or subdivision plat shall be deemed to have received final approval of the town, and no building permit shall be issued, until the following documents have been submitted to the town with respect to the site plan, subdivision plat or building permit application. The following documentation in support of concurrency shall be provided to the town by the applicant:
      (1)   A certificate from the St. Johns River Water Management District, the county or the State Department of Transportation, whichever agency is the appropriate permitting authority, indicating that the stormwater system into which the proposed project will discharge stormwater runoff has sufficient capacity to accommodate the proposed development;
      (2)   A certificate from the county indicating sufficient sewer capacity for the proposed development;
      (3)   A certificate from the county indicating sufficient solid waste capacity for the proposed development in the county landfill;
      (4)   A certificate from the town  indicating sufficient potable water capacity for the proposed development in the town water system;
      (5)   For those projects proposing access to a road or highway under the jurisdiction of the county or the State Department of Transportation, a driveway, curb cut or other access permit from the appropriate agency. The permit shall indicate the existing level of service from the access road serving the project, the latest average daily traffic count on the road, the average daily trip generation projections for the project, and the resulting level of service on the access road after taking into account the trip generation data; and
      (6)   A certificate from the town indicating that sufficient recreational facilities exist in the town and in the vicinity of the proposed development to serve the occupants of the proposed development.
   (D)   Expiration of approval of site plan or subdivision plat.  Notwithstanding the requirements set out in division (C) of this section for submission of documentation and final approval by the town, the time limits applicable to expiration of approvals for site plans and subdivision plats set forth in this chapter shall be measured from the date of initial approval by the town, and not from the date of final approval as referred to in this section.
   (E)   Exempted construction.  Nothing in this section shall apply to building permits for construction which has no impact on public facilities or services, including, but not limited to, permits for fences, accessory buildings, enlargement of single-family residences, repairs to structures, driveways, signs and similar matters
(Ord. 2001-09, passed 1-22-2002)