(A) Concurrency shall be granted upon findings in accordance with this section that the impacts of the proposed development will not result in a reduction of the levels of service for public facilities and services below the levels of service standards set forth in the city’s Comprehensive Plan, except as provided in divisions (B) and (C) below.
(B) Where any public service or facility is currently operating below the adopted level of service standards, or where the issuance of the development permit will result in a reduction of the level of service for any service or facility below the level of service standards as set forth in the city’s Comprehensive Plan, assurances that facilities or services necessary to serve the proposed development may be made by one or more of the following means:
(1) The necessary facilities are under construction at the time of site plan application or site plan approval and the completion of such facilities is guaranteed by a form of security acceptable to the City Commission; or
(2) The site plan approval is issued subject to the condition that the necessary facilities or services will be in place when the building permit is issued; or
(3) The necessary facilities and services are the subject of a binding executed contract with a completion date specified in the contract for the construction of the facilities or the provision of the services at the time the site plan is approved; or
(4) The necessary facilities are funded and programmed for construction in year one of the city, Broward County's or state adopted capital budget; or
(5) At the time of site plan approval the applicant has contributed funds to the city necessary to provide the required facilities or services; or
(6) The new facilities are guaranteed at a specified time in an enforceable development agreement as approved by the City Commission; or
(7) For designated redevelopment areas pursuant to an interlocal agreement with the county which includes assurances that a binding contract for implementation of required improvements will be executed and include a provision of the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of a building permit.
(C) Where public facilities and services for a development are provided by the city or owner/developer, they shall be included in an enforceable developer agreement.
(Ord. 2013-34, passed 1-8-13; Am. Ord. 2014-19, passed 2-11-14)