§ 23-258. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Available capacity review means a preliminary review conducted by the county to determine if an application for a rezoning or special exception is consistent with the comprehensive plan. Adequate public facilities for potable water, sewage treatment, drainage, solid waste, parks, transportation and public schools must be available in order to deem the request consistent with the county comprehensive plan.

Available school capacity shall refer to the circumstance where there is sufficient school capacity, as determined by the school district, within each school type (elementary, middle, high) under the adopted Level of Service (LOS) standard to accommodate the demand created by a proposed development.

Certificate of concurrency means the certificate issued by the county upon finding that an application for a development permit meets the standards set forth in the county comprehensive plan for public facilities and services.

Concurrency management system means the procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.

Concurrency service area or CSA is used in the context of school concurrency and, for purposes of this article, shall refer to the geographic unit within which school concurrency is applied and determined and delineated pursuant to the CSA map or map series adopted by the school district and incorporated into the county's comprehensive plan.

Contiguous CSA shall refer to a public school concurrency service area (CSA) in which its boundary is directly abutting another CSA.

Development means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two (2) or more parcels.

District facilities work program or five-year work program is used in the context of school concurrency and shall refer to the financially feasible five-year listing of capital outlay projects adopted by the school board pursuant to section 1013.35., Florida Statutes, as part of the district educational facilities plan, which is required in order to: (1) properly maintain the educational plant and ancillary facilities of the district; and (2) provide an adequate number of satisfactory student stations for the projected student enrollment of the district in K-12 programs in accordance with the goal in section 1013.21, Florida Statutes. Financial feasibility shall be determined using professionally accepted methodologies.

Equivalent residential unit (ERU) means the numerical value associated with the average household size of single-family dwelling units.

Financial feasibility shall have the same meaning as defined in section 163.3164, Florida Statutes, as such statute may be amended or renumbered from time to time.

Finding of available school capacity shall mean a determination by the school district that public school concurrency has been achieved, based on the projected impacts of the proposed development. A finding of available school capacity may be based upon an executed proportionate share mitigation agreement.

Finding of no available school capacity shall mean a determination by the school district that public school concurrency has not been achieved, based on the projected impacts of the proposed development and the failure of the applicant to proffer an acceptable proportionate share mitigation agreement.

FISH capacity is used in the context of school concurrency and shall refer to the most current version of the Florida Inventory of School Houses ("FISH") report of permanent capacity of existing public school facilities. The FISH capacity is the number of students that may be housed in a public school facility at any given time based upon a percentage by school type (elementary, middle, and high) of the total number of existing student stations and a designated size for each program. In Hernando County, permanent capacity does not include temporary classrooms unless they meet the standards for long-term use pursuant to section 1013.20, Florida Statutes.

Proportionate share mitigation agreement (public schools) shall mean a voluntary, legally-binding commitment to provide proportionate share mitigation to ensure public school concurrency can be achieved, where school capacity would not otherwise be adequate to support the demand resulting from approval of a proposed development which is subject to concurrency for public schools at the time the proposed development is being considered. The applicant, school district and the county shall be parties to a proportionate share mitigation agreement.

Public facilities and services shall mean the following public facilities and services for which level of service standards have been established in the county comprehensive plan:

(1)

Potable water.

(2)

Sewage treatment.

(3)

Drainage.

(4)

Solid waste disposal.

(5)

Parks.

(6)

Transportation.

(7)

Public Schools.

School interlocal agreement shall refer to that certain agreement between Hernando County, the City of Brooksville and the Hernando County School District titled "2009 Amended and Restated Interlocal Agreement", together with any subsequent amendments, which sets forth the processes and procedures necessary to coordinate their respective plans and to ensure that new or expanded public educational facilities are coordinated concurrently in time and place with plans for residential development.

(Ord. No. 2009-18, § I, 12-8-09)