The following level of service standards have been adopted in the city's Comprehensive Plan and shall be used as the basis for determining the availability of service or facility capacities and the demand generated by a development:
(A) Wastewater facilities. New development shall not be approved unless there is sufficient available wastewater treatment plant capacity to serve the needs of the proposed project based on the wastewater treatment plant capacities established in the Sanitary Sewer Sub-element of the city Comprehensive Plan as shown below. Specific estimates of wastewater demand shall be prepared using the wastewater generation rates by land use type established in Chapter 27 of Broward County's Code of Ordinances and utilized in the city’s Wastewater Master Plan, which may be amended from time to time, at time of site plan based on the requested development.
Facility Service Area | Level of Service Design Capacity |
Pompano Beach | 17.00 million gallons per day (by Large User Agreement) |
Broward County | 95 million gallons per day (17 MGD allocated to Pompano Beach) |
Areas served by septic system | Septic tanks |
(B) Raw water and potable water. New development shall not be approved unless there is sufficient available raw water withdrawal capacity and water treatment plant capacity to serve the proposed site plan. The raw water withdrawal and water treatment plant design capacities are established in the potable water sub-element of the City Comprehensive Plan and are shown below. The city or county water service area will be determined and water demand will be calculated as follows:
The water related demand calculations when using potable water for irrigation will be as follows:
Treated Water Demand = Wastewater demand x 1.186
Raw Water Demand = Treated Water Demand x 1.08
If ground or surface water is being used for irrigation the formula is:
Treated Water Demand = Wastewater Demand
Raw Water Demand = (Wastewater Demand x 1.186) X 1.08
If using reclaimed water (OASIS) for irrigation:
Treated Water Demand = Wastewater Demand
Raw Water Demand = Wastewater Demand x 1.08
OASIS Demand = Wastewater Demand x 0.186
Facility Service Area | Level of Service Design Capacity |
Potable water facilities Pompano Beach water treatment | 50.00 million gallons per day |
Raw Water Withdrawal Permitted Capacity - Pompano Beach | 17.75 MGD |
Broward County 2A Plant | 30.00 million gallons per day |
Raw Water Withdrawal Permitted Capacity for BC Wellfield 2 | 19.5 million gallons per day |
Broward County 1A Plant | 10.67 million gallons per day |
Raw Water Withdrawal Permitted Capacity for BC Wellfield 1 | 9.3 million gallons per day |
(C) Solid waste. New development shall not be approved unless there is sufficient available capacity for solid waste disposal. Currently, the city has a contract with Waste Management that ensures solid waste disposal capacity through 2022. Estimates of solid waste generated by the land uses included on a proposed site plan will be calculated using the generation rates established in the Solid Waste Sub-element of the city Comprehensive Plan, as may be amended from time to time.
(D) Drainage facilities. New development shall not be approved unless there is sufficient available design capacity to sustain the level of service for the drainage facilities as established in the Drainage Sub-element of the City/County Comprehensive Plan, which may be amended from time to time. The county will determine if drainage concurrency has been met prior to building permit approval.
(E) Recreation and open space. New development shall be approved for recreation and open space concurrency based on the payment of impact fees or the dedication of land prior to building permit to enable the city to maintain, to the maximum extent possible, the following levels of service for the recreational facilities as established in the Recreation and Open Space Element of the City Comprehensive Plan:
Facility/Service Area | Level of Service |
Neighborhood park, mini- parks, and small urban spaces | 2 acres per 1,000 pop. |
Community park | 1 acre per 1,000 pop. |
Urban park | 2 acres per 1,000 pop. |
(1) Park fees required. Concurrency shall not be granted until the applicant seeking to construct the dwelling unit shall do either of the following.
(a) Deposit in a special purpose account for park impact fees established and maintained by the city an amount of money sufficient to satisfy the demands for neighborhood and community parks as generated by the number of dwelling units provided for in the building permit.
(b) Upon receiving the approval of the City Commission, dedicate land of suitable size, dimension, topography, and general character to serve as neighborhood park or community park or a substantial portion thereof which will meet the neighborhood and community level park needs created by the development.
(c) Building permits for construction of replacement dwelling units are exempt from the requirement for park impact fees provided that the replacement dwelling unit is identical in type to the original dwelling type and will contain the same number of or fewer bedrooms. In all other cases involving replacement dwellings, fees shall be calculated in accordance with the difference in dwelling type and number of bedrooms between the original and the replacement dwelling unit or units.
(2) Demographic multipliers. In determining the number of residents generated by the number of dwelling units proposed by the building permit application, the estimated number of residents generated by dwelling type is hereby found to be as follows.
Dwelling Type | Bedrooms | Persons per Unit |
Dwelling Type | Bedrooms | Persons per Unit |
Single-family homes | 2 | 2.337 |
3 | 3.438 | |
4 | 4.450 | |
5 | 4.998 | |
Garden apartments. | 1 | 1.339 |
2 | 2.142 | |
3 | 3.800 | |
Town houses. | 2 | 2.195 |
3 | 3.134 | |
Hi-rise apartments. | All | 1.590 |
Duplex, triplex, and fourplex. | 1 | 1.328 |
2 | 2.291 | |
3 | 3.665 | |
Mobile homes. | 1 | 2.111 |
2 | 2.582 | |
3 | 3.619 | |
(3) Park Service Districts. The Park Service Districts enumerated in the Recreation and Open Space element have been aggregated into three Neighborhood and one Community Park Service District for the purposes of computing the cost for acquisition and development of neighborhood and community parks, and also to establish the boundaries for expenditure of neighborhood and community park monies which are generated for development within the consolidated Park Service District
(4) Fee schedule for neighborhood park contributions. The following fee schedule has been computed and is hereby established as of January 29, 2018. The amount of money to be deposited for each dwelling unit to be constructed shall be as follows, and for each fiscal year thereafter the amount shall be adjusted by the amount of the change reflected for the previous 12-month period in the Consumer Price Index for All Urban Customers in the All Items Category as published by the U.S. Department of Labor, Bureau of Labor Statistics.
Consolidated Neighborhood Parks Service Districts | ||||
1 to 5 | 6, 7, 8, 9, 10, 24, and 25 | 11 - 23 | ||
Dwelling Type | Bedrooms | Fee per Unit | Fee per Unit | Fee per Unit |
Consolidated Neighborhood Parks Service Districts | ||||
1 to 5 | 6, 7, 8, 9, 10, 24, and 25 | 11 - 23 | ||
Dwelling Type | Bedrooms | Fee per Unit | Fee per Unit | Fee per Unit |
Single Family | 1 - 2 | $346 | $734 | $367 |
3 | $506 | $1,079 | $548 | |
4 | $657 | $1,399 | $707 | |
5 or more | $737 | $1,571 | $796 | |
Garden/Mid Rise Apartments (Apartments over 4 units. Not exceeding 8 Stories) | 1 | $191 | $415 | $210 |
2 | $311 | $668 | $343 | |
3 | $560 | $1,193 | $601 | |
Town Houses | 2 | $319 | $692 | $349 |
3 | $464 | $985 | $497 | |
High Rise Apartments (9 floors or more) | All | $230 | $499 | $254 |
Duplex | 1 | $191 | $417 | $209 |
Triplex | 2 | $341 | $722 | $362 |
Fourplex | 3 | $542 | $1,151 | $583 |
Mobile Homes | 1 | $308 | $660 | $341 |
2 | $383 | $814 | $410 | |
3 | $552 | $1,174 | $601 | |
(5) Neighborhood park dedication of land in-lieu-of fee contribution. In the event the City Commission agrees to accept a dedication of land in lieu of a deposit of money, the amount of land which must be dedicated to meet the neighborhood park needs generated by the proposed development shall be as follows: the population generated by the dwelling units proposed in the application for building permit shall be the numerator in a fraction which has as its denominator the number 1,000, and that fraction shall be multiplied against the total of two acres and the result shall be the minimum amount of land necessary to meet the neighborhood park needs generated by the development. The amount of land to be dedicated may be either on or off the development site: however, the land must be located within the same Consolidated Neighborhood Park Service District as the dwelling units which are described in the building permit application.
(6) Community park contribution. In addition to those fees required to be deposited in order to meet the neighborhood level park level of service requirements, a developer must deposit an amount of money proportionate to the community level park level of service needs created by the proposed development.
(7) Fee schedule for community park contributions. The following fee schedule has been computed and is hereby established as of January 29, 2018. The amount of money to be deposited for each dwelling unit to be constructed shall be as follows, and for each fiscal year thereafter the amount shall be adjusted by the amount of the change reflected for the previous 12-month period in the Consumer Price Index for All Urban Customers in the All Items Category as published by the U.S. Department of Labor, Bureau of Labor Statistics.
Community Parks | ||
Dwelling Type | Bedrooms | Fee per Unit |
Community Parks | ||
Dwelling Type | Bedrooms | Fee per Unit |
Single Family | 1 - 2 | $554 |
3 | $816 | |
4 | $1,061 | |
5 or more | $1,186 | |
Garden/Mid Rise Apartments (Apartments over 4 units. Not exceeding 8 stories) | 1 | $313 |
2 | $505 | |
3 | $903 | |
Town Houses | 2 | $526 |
3 | $742 | |
High Rise Apartments (9 floors or more) | All | $376 |
Duplex | 1 | $311 |
Triplex | 2 | $547 |
Fourplex | 3 | $874 |
Mobile Homes | 1 | $499 |
2 | $610 | |
3 | $892 | |
(8) Spending area for community park contributions. Community park contributions may be spent on the acquisition and development of community parks, so long as that park is located within the city limits.
(9) Community park dedication of land in-lieu-of fee contribution. In the event the City Commission agrees to accept a dedication of land in lieu of a deposit of money, the amount of land which must be dedicated to meet the community park needs generated by the proposed development shall be as follows: the population generated by the dwelling units proposed in the application for building permit shall be the numerator in a fraction which has as its denominator the number 1,000, and that fraction shall be multiplied against the total of one acre and the result shall be the minimum amount of land necessary to meet the community park needs generated by the development. The amount of land to be dedicated may be either on or off the development site; however, the land must be located within City of Pompano Beach and must be located in a manner which provides an opportunity for the development of a community park that achieves the 10-acre minimum size requirement.
(10) Park Acquisition and Improvement Fund. Monies deposited by a developer pursuant to this subchapter to meet the neighborhood and community park requirements shall be deposited in the Park Acquisition and Improvement Fund established by § 36.036 of this code.
(11) Program to meet existing neighborhood park and community park needs. The City Commission shall establish an effective program for the acquisition of lands for development as neighborhood and community parks in order to meet, within a reasonable period of time, the existing need for neighborhood and community level parks, and to meet, as it occurs, the need for neighborhood and community level parks which will be created by further residential development constructed after the effective date of this subchapter. The annual budget and capital program of the city shall provide for appropriations of funds as may be necessary to carry out the city's program for acquisition of land for neighborhood and community level parks. The funds necessary to acquire and develop lands to meet the existing need for neighborhood and community level parks shall be provided from a source of revenue other than from the amounts deposited in the trust funds.
(12) The Chief Building Official of the city shall be charged with the collection of the neighborhood and community park impact fees, which shall be collected as a condition precedent to the issuance of a building permit by the Building Department. Payment for park impact fees shall be made by certified check, cashier's check, cash, or money order only, any of which shall be made payable to the "City of Pompano Beach." Subsequent to collection, and in any event, on a daily basis, the Chief Building Official shall remit monies collected pursuant to this section to the Treasury Division of the City Finance Department.
(F) Transportation system. Broward County revised Transportation Concurrency in December 2004. The revised Transportation Concurrency Management System requires payment of a Transit Concurrency Impact Fee prior to building permit based on the type of development and the fee schedule for the Northeast and Central Transit Concurrency Districts. The city has incorporated the Broward County Transportation Concurrency Management System into its Comprehensive Plan and issues development permits for projects which pay the transit fee prior to building permit issuance. Payment of the fee satisfies concurrency. The city also requires all projects submitted for concurrency review to the Development Review Committee to satisfy county and city road right-of-way requirements prior to the issuance of a building permit.
(G) Public school concurrency. Pursuant to the Public School Facilities Element (PSFE) of the City of Pompano Beach Comprehensive Plan and the Amended Interlocal Agreement for Public School Facility Planning (ILA), the city, in collaboration with the School Board of Broward County (school board), shall ensure public school facilities will be available for current and future students consistent with available financial resources and adopted level of service standards and that such facilities will be available concurrent with the impact of proposed residential development.
(1) Applications subject to a public school concurrency determination. The city shall not approve an application for a residential plat, replat, plat note amendment, or any site plan, until the school board has reported that the school concurrency requirement has been satisfied or unless the city has determined that the application is exempt or vested.
(2) Exemptions and vested development.
(a) The following residential applications shall be exempt from the requirements of public school concurrency:
1. An application which generates less than one student in the relevant Concurrency Service Area (CSA). Such development shall nevertheless be subject to the payment of school impact fees.
2. An application for age restricted communities with no permanent residents under the age of 18. Exemption for an age-restricted community shall only be applicable provided that a recorded restrictive covenant prohibiting the residence of school-aged children in a manner not inconsistent with federal, state or local law or regulations is provided.
3. As may otherwise be exempted by Florida Statutes.
(b) The following residential applications shall be vested from the requirements of public school concurrency:
1. Any application located within a previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:
a. The mitigation to address the impact of the new students anticipated from the development has been accepted by the school board consistent with School Board Policy 1161, entitled, "Growth Management," as may be amended from time to time; and
b. A declaration of restrictive covenant executed and recorded by the developer, or the development is located within a boundary area that is subject to an executed and recorded tri-party agreement (between the school board, local government and the applicant) consistent with School Board Policy 1161, as may be amended from time to time.
c. The applicant shall provide a letter from the school board or other evidence acceptable to the city verifying subsections a. and b. above. Other evidence may include documentation as specified in the tri-party agreement.
2. Any application which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed application. The county shall provide the necessary information to the city and the school board to identify vested plats.
3. Any residential site plan (or functional equivalent) that has received final approval, and which has not expired, prior to the effective date of public school concurrency.
(c) To be exempt or vested from the requirements of public school concurrency, an applicant seeking such a determination shall be required to submit documentation with the application to the city, which shall include written evidence sufficient to verify that the subject development meets the exemptions stated herein, and as such, is exempt from the requirements of public school concurrency.
(3) School concurrency review procedure.
(a) Public school impact application (PSIA). Any applicant submitting an application with a residential component, that is not exempt or vested, is subject to public school concurrency and shall be required to submit a Public School Impact Application (PSIA) for review by the school board. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school board shall be required prior to acceptance of the application by the city.
(b) School capacity availability determination letter (SCAD).
1. No residential application or amendments thereto, shall be approved by the city, unless
the residential development is exempt or vested from the requirements of public school concurrency, or until a School Capacity Availability Determination (SCAD) Letter has been received from the school board confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the school board. The school board will conduct their concurrency review in accordance with the standards and procedures described in the most recently adopted ILA. The SCAD Letter shall be sent to the applicant, the Broward County Development Management Division, and the city no later than 45 days after acceptance of the completed PSIA by the school board.
2. If an application or approval expires, the SCAD Letter will no longer be valid.
(4) Term of public school concurrency:
(a) The public school concurrency approval for a residential application shall expire if development does not commence, as outlined in subsection (b) below, within five years following the date of city approval. If the development is denied by the city, the school board shall deduct students associated with the development from its database.
(b) If a residential application receives city approval the development and anticipated students shall be considered vested for up to five years from the date of city approval. Vesting of a residential application beyond the five years requires that one of the following conditions is met within the five-year period:
1. The issuance of a building permit for a principal building and first inspection approval, or
2. Substantial completion of project water lines, sewer lines, and the rock base for internal roads.
(Ord. 2013-34, passed 1-8-13; Am. Ord. 2014-19, passed 2-11-14; Am. Ord. 2019-17, passed 1-8-19; Am. Ord. 2019-110, passed 9-24-19)