§ 23-260. Certificate of concurrency.

(a)

A property owner or his designated representative must apply for and obtain a valid certificate of concurrency prior to the issuance of the following development orders or approval, as applicable:

(1)

Approval for any Class B or Class C subdivision.

(2)

Conditional plat approval for any Class A subdivision.

(3)

If no subdivision approval is required, then at time of site plan approval or building permit, whichever occurs first.

(4)

Development orders for developments of regional impact (DRI's issued by the county pursuant to section 380.06(15), Florida Statutes, as such section may be amended or renumbered from time to time. At the written request of the school district, the concurrency determination for public school facilities may be made at a later point in time pursuant to a separate agreement between the developer and the school district, and which agreement shall be incorporated by reference in the DRI development order.

(b)

Application and fees.

(1)

Potable water, sewage treatment, drainage, solid waste, parks, and transportation.

a.

For concurrency approval for potable water, sewage treatment, drainage, solid waste, parks, and transportation, the property owner or his designated representative shall apply for a certificate of concurrency by filing a technically complete sworn application and application fee with the department of planning upon a form to be provided by the department.

b.

Upon request by the planning department, the property owner shall provide supporting documentation utilizing professionally acceptable methodology and practices.

c.

The board of county commissioners shall establish an appropriate fee structure by resolution and such fees shall be filed with the application for a certificate of concurrency.

(2)

Public schools.

a.

For concurrency approval for public schools, the developer shall complete an application on such form supplied by the school district and pay any required fee.

b.

Within ten (10) working days of receipt of a complete school concurrency application, the county will transmit said application to the school district for a determination of whether there is adequate school capacity, for each level of school (elementary, middle, high), to accommodate the proposed development, based on the LOS standards, concurrency service areas, and other standards set forth in this article.

c.

Within thirty (30) days of receipt of the initial transmittal (from the county), the school district will review the school concurrency application and, based on the standards set forth in this article, report in writing to the County:

1.

Whether adequate school capacity exists for each level of school based on the standards set forth in this article and its adopted comprehensive plan; or

2.

If adequate capacity does not exist, whether the developer proffers an acceptable proportionate share mitigation agreement, consistent with this article.

(c)

If the proposed development is to be developed in different parts, stages or phases, then the certificate of concurrency shall only apply to that specific part, stage or phase for which a concurrency determination is sought and rendered.

(d)

If the application is deemed concurrent, a certificate of concurrency will be issued by the county.

(e)

If the application is deemed not to be concurrent, the applicant will be notified in writing by the county.

(f)

The applicant shall have the burden of adequately demonstrating to the county compliance with the concurrency requirements of this article.

(g)

It is the ultimate responsibility of the property owner or designated agent to ensure that the application for a certificate of concurrency is complete and sufficient and all requested information and materials have been provided to the county, and to the school district as to public school facilities.

(Ord. No. 2009-18, § I, 12-8-09)