| Appendix 3.00.00. Generally |
| § 3.00.01. Purpose and intent |
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The purpose of this chapter is to describe the requirements and procedures necessary to implement the concurrency provisions of the comprehensive plan for the City of Chattahoochee. Specifically, this chapter is intended to ensure the availability of public facilities and services and the adequacy of those facilities at adopted levels of service concurrent with impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact for a development upon the adopted minimum acceptable level of service for potable water, sewer, solid waste, drainage, parks and recreation, and roadways facilities and/or services as provided in the comprehensive plan for the City of Chattahoochee. |
| Appendix 3.01.00. General Rules |
| § 3.01.01. Certificate of concurrency required |
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A certificate of concurrency shall be required prior to the issuance of any development permit, with the exception of those listed in section 3.02.02. If a development will require more than one development permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development permit. |
| § 3.01.02. Initial determination of concurrency |
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At the request of the applicant or at the discretion of the city, an initial determination of concurrency may be performed for preliminary development orders and a conditional certification of concurrency issued for development permits shall be binding. |
| § 3.01.03. Expiration of certificate of concurrency |
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A certificate of concurrency shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event that the development permit does not have a specific expiration date, the certificate of concurrency shall expire six months from the date of the issuance of the development permit. In the event that a time extension is granted prior to the expiration of the development permit, the accompanying certificate of concurrency shall automatically be renewed for the duration of the extension given to the accompanying development permit. Should the extension exceed one year from the date of the issuance of the original development permit, a new concurrency review shall be performed for which a reasonable fee shall be assessed in order to defray the cost of the new review. |
| § 3.01.04. Burden of proof |
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The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The city will assist in the preparation of the necessary documentation and information. |
| Appendix 3.02.00. De Minimis Exemptions |
| § 3.02.01. Generally |
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If a proposed development relates to land use of such low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the comprehensive plan for the City of Chattahoochee, the development shall be exempt for concurrency review. |
| § 3.02.02. De minimis activities |
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The following development activities shall be deemed de minimis: A. The construction of: 1. Room additions to residences, pursuant to item (C)(3) below; 2. Accessory structures, but not accessory apartments; 3. Swimming pools; 4. Fences; 5. Signs; and 6. Communications towers. B. The replacement of structures destroyed by fire, hurricanes, tornadoes or other acts of God not exceeding the area and cubic content of the structure prior to its destruction. C. Limited de minimis exemptions for residential structures. Residential dwelling units containing no more than four units, and which are not part of a larger development plan, shall be deemed de minimis for the following facilities and/or services: 1. Roads. 2. Stormwater drainage, provided that the single-family up to quadruplex (in this case only) is not part of a larger development. 3. Sewer, provided that construction meets the requirements of the department of health and rehabilitative services (HRS) related to wastewater systems. Specifically excluded from this exemption are room additions consisting of bedrooms or bathrooms. |
| Appendix 3.03.00. Concurrency Review |
| § 3.03.01. Generally |
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The city shall use the procedures listed below to determine compliance of an application for a development permit with this concurrency management system. At the time of application for a development permit, a concurrency evaluation shall be made to determine the availability of the facilities or services required to be concurrent. An applicant for a development permit shall provide the city with all information required so as to enable the concurrency evaluation to be made. Upon receipt of a complete concurrency review application, the city shall perform the concurrency evaluation for each of the public facilities and services. A concurrency review application shall not be deemed complete until all applicable permits, verification letters or other proof has been submitted pursuant to section 3.03.02 below. |
| § 3.03.02. Evaluation |
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A. Roads. 1. Generally. The evaluation for roads shall compare the existing level of service standards to the adopted level of service standards established by the comprehensive plan for the City of Chattahoochee for the impacted roads. The level of service shall be determined for conditions on the existing roads, to include any committed or funded improvements to those roads. B. Potable water. 1. Submittals. The applicant for a development permit shall submit, along with the application for a development permit, an indication that potable water will be provided by the city with a plan therefor, or proof that water will be provided by an alternate service with sufficient capacity to serve the development. Proof that sufficient capacity exists in an alternate service shall be demonstrated by one of the following: a. If the service provided is other than an on-site potable water well, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a development order by the city, the applicant may be required to provide evidence of a contract with the service provider, indicating the provider's commitment and ability to serve the proposed project; or b. Permits issued by the Northwest Florida Water Management District for a potable water well to serve the development. c. A notarized statement or affidavit that there is an existing functioning potable water well on the site. 2. Presumption of available capacity. A presumption of available capacity shall be rendered by the city upon receipt of one of the above. C. Wastewater. 1. Submittals. The applicant for a development permit shall obtain from the city a certificate that the city has sufficient water treatment capacity, meeting the standards specified in the comprehensive plan for the City of Chattahoochee, Florida, to serve the development. Proposed new heavy industrial facilities shall also submit a plan for providing proper wastewater treatment including data on required sewage [sewer] service, and a proposed agreement for contributing toward the cost of developing increased collection, transmission and treatment systems. D. Drainage. 1. Submittals. The applicant for a development permit shall submit, along with the application for the development permit, proof that sufficient capacity exists as demonstrated by one of the following: a. All applicable department of environmental regulation (DER) [department of environmental protection] permits for stormwater management systems, pursuant to 17-25, F.A.C., are obtained; and/or b. All applicable department of transportation (DOT) permits for drainage connections, pursuant to 14-80, F.A.C., are obtained; and/or c. All applicable Northwest Florida Water Management District (NWFWMD) permits, pursuant to F.S. §§ 373.451—373.4595 (the Surface Water Improvement ``SWIM'' Act) are obtained. 2. Presumption of available capacity. A presumption of available capacity shall be rendered by the city upon receipt of the applicable DER [DEP], DOT, and/or NWFWMD permits. E. Solid waste. There is a presumption of available capacity in regard to solid waste disposal, since solid waste collection services are provided by the city to all areas within its corporate limits. F. Recreation and open space. 1. Presumption of available capacity. Based upon the data and analysis contained in the comprehensive plan for the City of Chattahoochee adequate capacity exists for an estimated demand for park and open space facilities through the planning period (1991—2001). Therefore, a presumption of available capacity for all development shall be rendered by the city for the period beginning September 1, 1995, through the submission of the first concurrency management system annual report. At such time, the available capacity for park and open space shall be reassessed, and a determination made to as whether the presumption of available capacity is to be continued. |
| § 3.03.03. Minimum requirements for concurrency (determination of availability) |
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In order to obtain a certificate of concurrency, one of the following conditions must be satisfied for each of the public facilities and services, and such conditions given in the certificate of concurrency: A. For potable water, sewer, solid waste and drainage. At a minimum, provisions in the comprehensive plan for the City of Chattahoochee that ensure the following standards will be met to satisfy the concurrency requirement: 1. The necessary facilities and services are in place at the time a development order is issued; or 2. A development permit is issued subject to the condition that the necessary facilities and services will be in the place when the impacts of development occur; or 3. The necessary facilities are under construction at the time a permit is issued; or 4. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of section (A)(1—3) above. An enforceable development agreement may include, but is not limited to, development agreement pursuant to F.S. § 163.3220 or an agreement or development order issued pursuant to F.S. ch. 380. The agreement must guarantee that the necessary facilities and services are in place when the impacts of development occur. B. For roads. By a finding by the city that the proposed development will not cause traffic to exceed the adopted level of service. |
| § 3.03.04. Strategies to rectify lack of concurrency |
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Should a development not pass the above concurrency evaluation, several strategies may be used to rectify this, including the following: A. A plan amendment which lowers the adopted level of service standards for the affected facilities. B. An enforceable development agreement between the county or its municipalities and the developer which may include, but is not limited to, development agreements pursuant to F.S. § 163.3220. C. A change in the funding source. D. A reduction in the scale or impact of the proposed development. E. Phasing of the proposed development. |
| Appendix 3.04.00. Adopted Levels Of Service |
| § 3.04.01. Generally. |
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The adopted level of service (LOS) standards for public facilities and services as contained in the comprehensive plan for the City of Chattahoochee, Florida, are hereby adopted by reference. |
| Appendix 3.05.00. Annexed Lands |
| § 3.05.01. Generally. |
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Prior to approval of any annexation of lands not presently within the corporate limits of the City of Chattahoochee, the city will assure that public facilities and services are available and are operating at the adopted levels of service for those facilities. All future development within annexed areas shall meet the concurrency requirements of this chapter. |