The available capacity of a facility shall be determined in the following manner:
(A) A computation of existing and proposed facilities by adding together as follows:
(1) The total design capacity of existing facilities operating at the required level of service; and
(2) The total design capacity of new facilities that will come available concurrent with the impact of the development. The capacity of new facilities may be counted only if one or more of the following is demonstrated:
(a) The necessary facilities are in place at the time a development permit is issued, or a development permit is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.
(b) Construction of the new facilities is under way at the time of application and will be complete prior to Certificate of Occupancy.
(c) The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.
(d) The new facilities have been included in the city/county/state capital improvement program annual budget.
(e) The new facilities are guaranteed at a specific time in an enforceable development agreement. 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 pursuant to F.S. Chapter 380. Such facilities must be consistent with the Capital Improvements Element of the City/County Comprehensive Plan and approved by the City/County Engineer.
(f) The developer has contributed funds to the city/county necessary to provide new facilities consistent with the Capital Improvements Element of the City/County Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city/county or other governmental entity.
(g) Specific to transportation.
1. The proposed development does not place any trips on an over capacity roadway link.
2. There is an approved action plan to accommodate the traffic impact of the development.
3. Satisfaction of Broward County concurrency standards. The burden shall be on the applicant to demonstrate compliance with the standards detailed in this section. If applicable, the development application shall be reviewed to ensure that the proposed development satisfies the Broward County Concurrency Standards for the Regional Road Network as outlined in § 5-182(a) of the Broward County Land Development Code, as amended from time to time. The applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements. The applicant may choose to satisfy the transportation concurrency requirements by making a proportionate share contribution to an eligible transportation project located within the Southwest Concurrency District, pursuant to the requirements set forth in § 5-182(a)(5)(b)(4) of the Broward County Land Development Code, as amended from time to time, and § 163.3280, Florida Statutes, as amended from time to time.
4. The options available for and methodology for determining the amount of proportionate share mitigation, and the procedures for the city to implement such proportionate share mitigation on the city’s roadway network, shall be as specified in § 5-182(a)(5)(b)(4) of the Broward County Land Development Code, as amended from time to time.
(h) The development is authorized by an approved Development of Regional Impact (DRI) Development Order.
(i) The proposed development is found to have vested rights with regard to any affected roadway segments or infrastructure capacity reservations.
(j) This determination may not be satisfied by the transfer of committed capacity from a previously approved plat or DRI to another parcel of land not included within the previous plat or DRI.
(B) Subtracting from division (A) the sum of:
(1) The design demand for the service created by existing development, if applicable; and
(2) The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development and by the anticipated completion of other presently approved developments.
(C) Infrastructure construction. If infrastructure construction is necessary to meet adopted levels of service, the developer must complete construction and issue performance bonds to insure completion of work or risk forfeiture of favorable concurrency status. If a developer in the area wishes to complete off site infrastructure construction that may or may not be part of other effective developers agreements, he may do so in accordance with a new developers agreement that may entail reimbursable clauses for off site work and facility oversizing to meet area needs. The original developer will be contacted concerning the potential of work being deleted from his developers agreement. It shall be determined by the city that modifying the original developers agreement is in the best interests of the city. The original developer must pay reasonable infrastructure costs to new developers under the terms of the original or modified developers agreement.
(Ord. 936, passed 10-17-90; Am. Ord. 1570, passed 1-17-07)