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1990-16 Adequate Public Facilities (Concurrency)Preparation of this Document was aided through financial assistance received from the State of Florida under the Local Government Land Development Regulation Assistance Program authorized by Chapter 89- 253, Laws of Florida, and administered by the Florida Department of Community Affairs. ORDINANCE N0. 16-90 ' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA TO BE KNOWN AS THE VILLAGE OF NORTH PALM BEACH ADEQUATE PUBLIC FACILITIES (CONCURRENCY) ORDINANCE; PROVIDING FOR SHORT TITLE AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING GENERAL REQUIREMENT THAT ADEQUATE PUBLIC FACILITIES BE AVAILABLE CONCURRENT WITH DEVELOPMENT; PROVIDING MANAGEMENT AND MONITORING PROGRAM, ANNUAL PUBLIC FACILITIES UPDATE REPORT, CAPITAL IMPROVEMENTS ELEMENT AMENDMENT, ANNUAL BUDGET; PROVIDING THE REGULATORY PROGRAM TO ENSURE ADEQUATE PUBLIC FACILITIES ARE AVAILABLE; PROVIDING FOR LIBERAL CONSTRUCTION, SEVERABILITY, AND PENALTIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach, pursuant to Chapter 163, Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter "the Act"), prepared and adopted a Comprehensive Plan; and WHEREAS, as part of that Comprehensive Plan, the Village prepared and adopted a Capital Improvement Element (CIE) which covers at least a five (5) year period that considers the need for and location of Public Facilities; and WHEREAS, the CIE is required to: A. establish a level of service (LOS) to determine the adequacy of Public Facilities; and B. based upon the established LOS, estimate Public Facility needs both to correct existing deficiencies and accommodate needs projected by new growth and development; and C. based on Public Facility needs, project costs to provide the necessary Public Facilities and find realistic revenue sources to fund the Public Facilities, and WHEREAS, the Comprehensive Plan with the CIE is designed to ensure that adequate Public Facilities are available concurrent with the impact of development; and WHEREAS, the Act mandates that the Village of North Palm Beach adopt land development regulations that implement the Comprehensive Plan; and WHEREAS, Chapter 163, Florida Statutes, provides that Public Facilities and services needed to support development must be available concurrent with the impacts of such development; and ' WHEREAS, Chapter 163, Florida Statutes, also provides that not later than one (1) year after its due date established by the State land planning agency's rule for submission of local comprehensive plans, a local government shall not issue a development order or permit when public facilities are not available to accommodate the impacts from proposed development at the adopted LOS identified in the CIE, or would result in a reduction in the LOS for the affected Public Facilities below the LOS provided in the Comprehensive Plan and CIE; and WHEREAS, Rule 9J-5.005(2), Florida Administrative Code (F.A.C.) requires that a concurrency management system must be implemented after adoption of a Comprehensive Plan with its CIE to ensure that Public Facilities and services needed to support development are available concurrent with the impacts of such development; and WHEREAS, on November 9, 1989, North Palm Beach adopted the village of North Palm Beach Comprehensive Plan including a CIE pursuant to the requirements of Chapter 163, Florida Statutes; and ' WHEREAS, it is the intent of the Village Council of North Palm Beach to implement the "concurrency requirements" of the North Palm Beach Comprehensive Plan, in accordance with Chapter 163, Florida Statutes, and Rule 9J-5.005, F.A.C.; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: I. SHORT TITLE AND APPLICATION A, short Title. This Ordinance shall be known and may be cited as "the Village of North Palm Beach Adequate Public Facilities (concurrency) Ordinance." B. Application. This Ordinance shall apply to all developments in the total incorporated area of North Palm Beach. II. INTENT AND PURPOSE A. I~lementation of Comprehensive Plan. This Ordinance is intended to implement and be consistent with the Village of North ' Palm Beach Comprehensive Plan, Chapter 163, Florida Statutes, and Rule 9J-5, F.A.C. by ensuring that all development in North Palm Beach is served by adequate Public Facilities. B. Establishment of Management/Monitoring and Regulatory Program. This objective is accomplished by (1) establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary Public Facilities to service development, and (2) by establishing a regulatory program that ensures that each Public Facility is available to serve development concurrent with the impacts of development on the Public Facilities, or that development orders are conditioned on the availability of Public Facilities to serve the development concurrent with the impacts of development on the Public Facilities. C. Minimum Requirements. The provisions of this Ordinance in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this Ordinance. III. DEFINITIONS ' A. Adequate Public Facilities Determination means a Determination approved by the Director of Public Services pursuant to the terms of this Ordinance that serves as a conditional statement that based upon existing Public Facility capacity and planned Public Facility capacity, adequate Public Facilities are thought to be available to serve development at the time of the approval of the Adequate Public Facilities Determination. A subsequent Application for a Development Permit for development that has been approved based upon Adequate Public Facilities Determination shall be required to receive a new Adequate Public Facilities Determination, or Certificate of concurrency 2 Reservation, whichever is appropriate. B. Application for Development Permit means an application submitted to North Palm Beach requesting the approval of a Development Permit. C. Capital Improvement Element means the Capital Improvement Element of the North Palm Beach Comprehensive Plan adopted November 9, 1989 pursuant to Chapter 163, Florida Statutes. ' D. Capital Recreation and Open Space Facilities means the planning of, engineering for, acquisition of land for, or construction of buildings and park equipment necessary to LOS for Capital Recreation and Open Space Facilities. E. Capital Road Facilities means the planning of, engineering for, acquisition of land for, or construction of roads on the Major Road Network System necessary to meet the LOS for Capital Road Facilities. F. Capital Potable Water Facilities means the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for Capital Potable Water Facilities. G. Capital sanitarv hewer Facilities means the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for Capital Sanitary Sewer Facilities. H. Capital Solid Waste Facilities means the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for Capital Solid waste Facilities. ' I. Capital Storm Drainage Facilities means the planning of, engineering for, acquisition of land for, or construction of storm drainage facilities necessary to meet the LOS for Capital Storm Drainage Facilities. J. Certificate of Concurrencv Reservation means a Certificate approved by the Director of Public Services pursuant to the terms of this Ordinance that constitutes proof of adequate Public Facilities to serve the Proposed Development. A subsequent Application for a Development Permit for development for which a Certificate of Concurrency Reservation has been approved, shall be determined to have adequate Public Facilities as long as the development order for which the Certificate of Concurrency Reservation was approved has not expired, and the development is not altered to increase the impact of development on Public Facilities. K. comprehensive Plan means a plan that meets the requirements of Sec. 163.3177 and 163.3178, Fla. Stats., and shall mean the Village of North Palm Beach Comprehensive Plan, as amended, where referenced in this Ordinance. L. Conditional Certificate of Concurrencv Reservation means an application for a Certificate of Concurrency Reservation ' considered in conjunction with a Development Agreement that is conditionally approved by the Building Official pursuant to the terms of this Ordinance as a Conditional Certificate of Concurrency Reservation. A Conditional Certificate of Concurrency Reservation shall be approved, if it is demonstrated that (a) existing available Public Facility capacity up to an amount sufficient to serve the proposed development has been reserved; (b) there is reasonable likelihood that the balance of the Public Facility capacity needed for the proposed development can be provided pursuant to a Development Agreement; and (c) a request has been made for consideration and approval of a Development Agreement concurrent with the Application for Development Permit to accommodate the balance of Public Facility capacity needs for the proposed development. M. Developer means any person, including a government agency, undertaking any development as defined in this Ordinance. N. Development has the meaning given it in Chapter 380, Florida Statutes. ' O. Development Agreement means an agreement entered into between a local government and a person associated with the development of land, including but not limited to Development Agreements pursuant to Chapter 163, Florida Statutes, or an agreement on a development order issued pursuant to Chapter 380, Florida Statutes. P. Development Order means any decision by the Village Council or appropriate Village Staff granting, denying or granting with conditions a development permit in response to an application. Q. Development Permit includes any rezoning, special permit, site plan, subdivision plat, building permit, or any other official action of North Palm Beach regarding the development of land. R. Level of Service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by a Public Facility based on and related to the operational characteristics of the Public Facility. s. LOS for Capital Potable Water Facilities means a minimum of 99 gallons/capita/day for average daily water consumption for residential; 1,874 gallons/acre/day for average daily water consumption for non-residential (which includes commercial, public buildings, educational and other public buildings); 147 gallons/capita/day residential and 2,782 gallons/acre/day non- residential maximum per day consumption; and a storage capacity of the average daily flow x 0.5. T. LOS for Capital Recreation and Open Space Facilities means Level of Service Standards as follows: Unit/Population Neighborhood Parks - 2 ac/1,000 Community Parks - 1 ac/1,000 Beaches - 1 mile/31,250 Marinas - 1 slip/2,500 Boating - 1 ramp/6,250 Golf Courses - 9 holes/30,000 Swimming - 1 pool/31,250 Tennis - 1 court/6,250 Basketball - 1 court/6,250 Shuffleboard - 1 court/6,250 Baseball/softball - 1 field/7,200 Football/soccer - 1 field/4,800 Handball/racquetball - 1 court/6,000 Playground areas - 1 area/3,600 Volleyball - 1 court/7,200 ' U. LOS (interim) for Capital Road Facilities means that the interim LOS that County Collector Roadways, State Minor Arterials and State Principal Arterials within North Palm Beach must be able to provide on a 24 hour and peak hour basis shall be as follows: County Collector Roadways - LOS Standard C/Peak Hour D State Minor Arterials - LOS Standard C/Peak Hour D State Principal Arterials - LOS Standard C/Peak Hour D Exception: Prosperity Farms Road-LOS Standard D/Peak Hour D 4 V. LOS for Capital Sanitary_Sewer Facilities means a minimum of 66 gallons/capita/day for residential and 1,060 gallons/acre/day for non-residential (which includes commercial, public buildings, educational and other public buildings) for average day sewage generation rate; and 104 gallons/capita/day for residential and 1,721 gallons/acre/day for maximum day sewage generation rate. W. LOS for Capital Solid Waste Facilities means an average generation rate of 0.926 tons/capita/year for single-family residential, 0.588 tons/capita/year for multiple family ' residential, and 6.0 tons/acre/year for non-residential. X. Los (interim) for Capital Storm Drainage Facilities means standards to accommodate the following storm flow criteria. three- year frequency, 24-hour duration (one-day); rainfall intensity curve, as established by the South Florida Water Management District. Y. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. 2. Public Facilities mean capital potable water facilities, capital recreation and open space facilities, capital road facilities, capital sanitary sewer facilities, capital solid waste facilities and capital storm drainage facilities. IV. ADEQUATE PUBLIC FACILITIE6 SHALL BE AVAILABLE TO SERVICE DEVELOPMENT In order to implement the provisions of the North Palm Beach Comprehensive Plan to ensure that adequate Potable Water, Sanitary Sewer, Road, Solid waste, Drainage, Recreation and open Space Public Facilities are available to accommodate development in North Palm Beach concurrent with the impacts of development on such Public Facilities, the Village of North Palm Beach Council establishes, pursuant to the terms of this Ordinance, (1) a management and monitoring program that evaluates the conditions of Pubic Facilities to ensure they are being adequately planned for and funded to maintain the LOS for each Public Facility, and (2) a regulatory program that ensures that each Public Facility is available to serve development concurrent with the impacts of development on such Public Facilities, or that development orders are conditioned on the availability of Public Facilities to serve the development concurrent with the impacts of development. V. MANAGEMENT AND MONITORING PROGRAM: THE ANNUAL PUBLIC FACILITIES UPDATE REPORT, CIE AMENDMENTS. THE ANNUAL BUDGET A. General. In order to ensure that adequate Potable Water, Recreation and Open Space, Road, Sanitary Sewer, Solid Waste, and Storm Drainage Public Facilities are available concurrent with the ' impacts of development on the Public Facilities, the Village of North Palm Beach shall establish the following management and monitoring practices. :Y1e ~hA1-~ purpose is to evaluate and coordinate the timing, provision, and funding of Potable Water, Recreation and Open Space, Road, Sanitary Sewer, Solid Waste, and Storm Drainage Public Facilities so that (1) they are being adequately planned for and funded to maintain the LOS for the Public Facilities and (2) to evaluate the capacity of the Public Facilities for use in the regulatory program to ensure that (a) there are no development orders issued unless there are adequate Public Facilities available to serve the development concurrent with the impacts of development on the Public Facilities, or (b) no development orders are issued unless they are conditioned on the availability of Public Facilities to serve the development concurrent with the impacts of development on the Public Facilities. ii 1 B. Annual Public Facilities upa 1 of each year, beginning in 1991, complete and submit to the Village Facilities Update Report (hereinafter September 30. The AUR shall determin all Potable Water, Recreation and Open Solid Waste, and Storm Drainage Publi summarize the available capacity of t on their LOS, and forecast the capac Capital Improvements identified in Improvement Schedule for each of the The forecasts shall be based on the mo of Capital Improvements for each Publ also revise ~e1-eva~at-population projec inventories, update unit costs, and up ate Report (AUR). By March the Village Manager shall Council an Annual Public "AUR") for the period ending e the existing conditions of Space, Road, Sanitary Sewer, c Facilities, determine and hese Public Facilities based ity of existing and planned the Five (5) Year Capital five (5) succeeding years. st recently updated schedule is Facility. The AUR shall tions, update Public Facility date revenue forecasts. The findings of the AUR shall form the basis for any proposed amendments to the CIE, any proposed amendments to the Village's annual budget for Public Facilities, and the review of and issuance of development orders during the next fiscal year. C. Recommendations on Amendments to CIE and Annual Budget Based upon analysis of the AUR, the Village Manager shall propose to the Village Council each year, any necessary amendments to the CIE, and any proposed amendments to the Village's annual budget for Public Facilities. VI. THE REGULATORY PROGRAM: REVIEW OF DEVELOPMENT TO ENSURE ADEQUATE PUBLIC FACILITIES ARE AVAILABLE A. General. In order to ensure that adequate Potable water, Sanitary Sewer, Road, Solid Waste, Drainage, and Recreation and Open Space Public Facilities are available concurrent with the impacts of development on each Public Facility, North Palm Beach shall establish the following development review procedures so that no development order is issued unless there are adequate Public Facilities available to serve the proposed development, or that the development order is conditioned on the availability of Public Facilities to serve the development concurrent with the impacts of development on the Public Facilities. B. Exemptions. The following development shall be exempt from the requirements of this Ordinance. 1. Construction of Public Facilities (potable water, sanitary sewer, solid waste, roads, recreation and open space) that are consistent with the Village of North Palm Beach Comprehensive Plan; 2. An alteration or expansion of an existing dwelling unit that does not create additional impact on Public Facilities; 3. The construction of accessory buildings and structures that does not create additional dwelling units and does not create additional impact on Public Facilities; and 4. The replacement of an existing dwelling unit when no additional dwelling units are created. C. Review to Determine Public Facility Adequacy. 1. General. After the effective date of this Ordinance, no Application for a Development Permit shall be accepted without receipt of either an Adequate Public Facilities Determination, a Certificate of Concurrency Reservation, or a Conditional Certificate of Concurrency Reservation. The applicant may elect whether to gain approval of an Adequate Public Facilities Determination, a Certificate of Concurrency Reservation, or a Conditional Certificate of Concurrency Reservation pursuant to the terms of this Ordinance, except that no Application for a Development Permit for subdivision, plat or replat, or building permit, shall be accepted without receipt of a Certificate of Concurrency Reservation. 2. Rules of General Applioabilit a. Timinc. An Application for an Adequate Public Facilities Determination or a Certificate of Concurrency Reservation may be submitted at any time during the year. Review of the application shall be initiated by the Director of Public Services pursuant to Sec. VI.C.4 upon receipt of a complete application. Any application containing false information may be rejected and any Adequate Public Facilities Determination or Certificate of Concurrency Reservation issued based upon false information may be revoked. b. Assignability and Transferability. A Certificate of Concurrency Reservation shall be assignable within a proposed development, but shall not be assignable or transferable to other developments. c. Expiration Prior to Receipt of Development Order. An Adequate Public Facilities Determination shall expire after three (3) months if an Application for a Development Permit is not submitted for the proposed development for which the Adequate Public Facilities Determination has been approved. of Concurrency Reservation shall expire after one A Certificate (1) year if a ' development order is not issued for the development for which the Certificate was approved. A Conditional Certificate of Concurrency Reservation shall expire after one (1) year if the Development Agreement and the Application for Development Permit for which the Conditional Certificate of Concurrency Reservat ion has been approved is not reviewed and approved. d. Expiration and Effect. (1) Adequate Public Facilities Determination. An Adequate Public Facilities Determination is initially valid for three (3) months during which time an Application for Development Permit must be submitted for the proposed development for which the Determination was approved. If a development order is approved, the Adequate Public Facilities Determination is valid for the life of that initial development order. Each subsequent Application for a Development Permit (except those developments exempted pursuant to Sec. VI.B) for the development shall be required to receive a new Adequate Public Facilities Determination, or a Certificate of Concurrency Reservation, whichever is appropriate. (2) Certificate of Concurrency Reservation. A ' Certificate of Concurrency Reservation is initially valid for one (1) year during which time a development order must be issued for the development for which the Certificate was approved. If a development order is approved for the Certificate during that first year, the Certificate of Concurrency Reservation is valid for the life of the development order for which it is originally approved. The Certificate of Concurrency Reservation is then valid for the life of subsequent development orders for the same development, if the subsequent development orders are approved prior to the expiration of the earlier development order for the development, and the development is not altered to increase the impact of the development on Public Facilities. The expiration of a development order shall result in the expiration of the Certificate of Concurrency Reservation. (3) Conditional Certificate of Concurrency Reservation. An application for a Certificate of Concurrency Reservation considered in conjunction with a Development Agreement may be conditionally approved as a Conditional Certificate of Concurrency Reservation consistent with the requirements of this Ordinance. When the Conditional Certificate of Concurrency ' Reservation is considered in conjunction with the Development Agreement and Application for Development Permit and finally approved pursuant to the terms of this subsection, it becomes a Certificate of Concurrency Reservation. A Certificate of Concurrency Reservation is valid for the life of the development order with which it is approved. The Certificate of Concurrency Reservation is then valid for the life of subsequent development orders for the same development, if the subsequent development orders are approved prior to the expiration of the earlier development order for the project, and the development order is not altered to increase the impact of the development on Public Facilities. The expiration of the development order shall result in the expiration of the Certificate of Concurrency Reservation. e. Effec (1) Adequate Public Facilities Determination. An Adequate Public Facilities Determination shall serve as a statement that based upon existing Public Facility capacity and planned Public Facility capacity, adequate Public Facilities are available to serve the development at the time of the approval of the Adequate Public Facilities Determination. A subsequent Application for a Development Permit for development that has been approved based upon an Adequate Public Facilities Determination shall be required to receive a new Adequate Public Facilities Determination or Certificate of Concurrency Reservation, whichever is appropriate. (2) Certificate of._.. Concurrency Reservation. Receipt of a Certificate of Concurrency Reservation shall constitute proof of adequate Public Facilities to serve the proposed development. A subsequent Application for a Development Permit for development for which a Certificate of Concurrency Reservation has been approved, shall be determined to have adequate Public Facilities as long as the development order for which the Certificate of Concurrency Reservation as approved has not expired, and the development is not altered to increase the impact of the development on Public Facilities. (3) Conditional Certificate of Concurrency Reservation. Receipt of Conditional Certificate of Concurrency Reservation is a statement that an application for a Certificate of Concurrency Reservation considered in conjunction with a Development Agreement has been conditionally approved by the Director of Public Services because it is demonstrated that (a) existing available Public Facility capacity up to an amount sufficient to serve the proposed development has been reserved; (b) there is reasonable likelihood that the balance of the Public ' Facility capacity needed for the proposed development can be provided pursuant to a Development Agreement; (c) a request has been made for the consideration and approval of a Development Agreement concurrent with the Application for Development Permit to accommodate the balance of Public Facility capacity needs for the proposed development, and (d) final approval of a Certificate of Concurrency Reservation is conditional on the concurrent approval of a Development Agreement and a development order for the proposed development. When the Conditional Certificate of Concurrency Reservation is considered in conjunction with the Development Agreement and Application for Development Permit and all the Public Facility component standards of Sec. VII.C.6 are met, it shall be approved as a Certificate of Concurrency Reservation. (f) Amendment of Certificate of Concurrencv Reservation. An amendment to a Certificate of Concurrency Reservation shall be required prior to the approval of any amendment to a development order for which a Certificate of Concurrency Reservation has been approved if the amendment increases the need for additional capacity for any Public Facility ' (Potable Water, Sanitary Sewer, Roads, Solid Waste, Drainage, Recreation and Open Space). The amendment of a Certificate of Concurrency Reservation shall only require evaluation and reservation of the additional Public Facility capacity demanded by the proposed development. Any amendment to a development order for which an Adequate Public Facilities Determination has been approved shall require a new Adequate Facilities Determination or a Certificate of Concurrency Reservation, whichever is appropriate. 3. Effect of Development Agreement in Conjunction with a Certificate of Concurrency Reservation. A developer may enter into a Development Agreement with the Village of North Palm Beach, for those Public Facilities specifying that a Development Agreement is acceptable, in conjunction with the approval of a development order and a Certificate of Concurrency Reservation or a Conditional Certificate of Concurrency, to ensure adequate Public Facilities are available concurrent with the impacts of development on the Public Facility. The effect of the Development Agreement shall be to bind North Palm Beach and the developer pursuant to the terms and duration of the Development Agreement to its determination pursuant to Section VI.C. that adequate Public Facilities are available to serve the proposed development concurrent with the impacts of the development on the Public Facilities. Any Public Facility Capital Improvement in the Five (5) Year Schedule of ' Capital Improvements in the CIE on which such a Certificate of Concurrency Reservation is made in conjunction with the approval of a development order and a Development Agreement, shall not be delayed, deferred, or removed from the Five (5) Year Schedule of Improvements in the CIE. 4. Procedure for Review of Application. a. submission of Application. An Application for either an Adequate Public Facilities Determination or a Certificate of Concurrency Reservation shall be submitted at any time during the year, to the Department of Public Services in a form established by the Director of Public Services and made available to the public. Review of the application shall be initiated by the Director of Public Services pursuant to Sec. VI.C.2.a. Any application containing false information may be rejected and any Adequate Public Facilities Determination or Certificate of Concurrency Reservation issued based upon false information may be revoked. b. Determination of Completeness and Review. (i) Determination of Completeness. After receipt of an Application for Certificate of Concurrency Reservation, the Director of Public Services shall determine within fifteen (15) ' days of initiation of processing whether it is complete and includes data necessary to evaluate the application. If it is determined that the application is not complete, written notice shall be served on the applicant specifying deficiencies. The Director of Public Services shall take no further action on the application unless the deficiencies are remedied. (2) Review and Recommendation of Village Departments and Service Providers. When the Director of Public Services determines the application is complete, the application shall be forwarded to Village Departments and Service Providers fr review. Within fifteen (15) days, the Village Departments and Service Providers shall provide a statement as to whether or not adequate Public Facilities are available, pursuant to the standards of Sec. VI.C.5 or Sec. VI.C.6, whichever is appropriate. (3) Decision to Issue or Denv. (a) Adecuate Public Facilities Determination. Upon receipt of a statement from the Village Departments and Service Providers regarding an application for an Adequate Public ' Facilities Determination, the Director of Public Services shall review the statements and the application within ten (lo) days, and determine if it complies with all the Public Facility component standards of Sec. VI.C.5. If the application complies with all of the Public Facility component standards in Sec. VI.C.5., the Director of Public Services shall issue an Adequate Public Facilities Determination. (b) Certificate of Concurrency Reservation. Upon receipt of a statement from the Village Departments and Service Providers regarding the Application for a Certificate of Concurrency Reservation, the Director of Public Services shall review the statements and the application within ten (10) days, and determine if it complies with all the Public Facility component standards of Sec. VI.C.6. If the Director determines that the application complies with all of the Public Facility component standards of Sec. VI.C.6, the Director of Public Services shall recommend that the Planning Commission review and recommend to the Village Council that the Council issue a Certificate of Concurrency Reservation. If the Director of Public Services or the Planning Commission or the Village Council determines that an application fails to meet any one (1) of the Public Facility component standards of Sec. VI.C.6, the applicant shall be notified of such deficiency, and may, in the case of a Certificate of ' Concurrency Reservation, remedy the application through a development agreement or other means within ninety (90) days. If during the ninety (90) day period, the applicant resolves the deficiencies, the application shall be reconsidered by the Village Council and approved, approved with conditions, or denied, consistent with the standards in Sec. VI.C.6. In the case of a Conditional Certificate of Concurrency Reservation, the applicant may request approval of Conditional Certificate of Concurrency Reservation. A Conditional Certificate of Concurrency Reservation shall be approved by the Village Council if it is demonstrated that: (i) all existing Public Facility capacity up to the amount that could serve the proposed development has been reserved; (ii) there is reasonable likelihood that the balance of the Public Facility capacity necessary to accommodate the proposed development can be provided pursuant to a Development Agreement; (iii) the applicant requests consideration and approval of a Development Agreement concurrent with the Application for a Development Permit for which the Conditional Certificate of Concurrency Reservation is requested for the purpose of ensuring the standards of Sec. VI.C.6 are met, and; (iv) the Conditional Certificate of Concurrency Reservation is conditioned on the concurrent approval of a Development Agreement and a development order for the proposed development that complies with the standards of Sec. Y3-1v~.C.6. 5. standards__for Review of Application for Adequate Public Facilities Determination. The following standards shall be used in the determination of whether to issue or deny an Adequate Public Facilities Determination. Before issuance of an Adequate Public Facilities Determination, the application shall 10 fulfill the standards for each Public Facility component (Potable Water, Recreation and Open Space, Roads, Sanitary Sewer, Solid Waste, and Storm Drainage). (a) Potable Water Facilities. The Potable Water component shall be approved if any of the following conditions are met: (1) Capital Potable Water Facilities are in place to provide the proposed development sufficient services ' based on the LOS for Capital Potable Water Facilities; or (2) The Capital Potable Water Facilities that will provide the proposed development sufficient services based on the LOS for Capital Potable Water Facilities are under construction and bonded. (b) Recreation and Onen space Facilities. The Recreation and Open Space component shall be approved if any of the following conditions are met: (1) Capital Recreation and Open Space Facilities are in place to provide the proposed development sufficient services based on the LOS for Capital Recreation and Open Space Facilities; or (2) The Capital Recreation and Open Space Facilities that will provide the proposed development sufficient services based on the LOS for Capital Recreation and Open Space Facilities are under construction and bonded. (c) Road Facilities. The Road component shall be approved if the proposed development complies with the required Traffic Performance Standards of Palm Beach County, Florida and the ' LOS for Capital Road Facilities. (d) sanitary Sewer Facilities. The Sanitary sewer component shall be approved if any of the following conditions are met: (i) Capital Sanitary Sewer Facilities are in place to provide the proposed development sufficient services based on the LOS for Capital Sanitary Sewer Facilities; or (2) The Capital Sanitary Sewer Facilities that will provide the proposed development sufficient services based on the LOS for Capital Sanitary Sewer Facilities are under construction and bonded. (e) Solid Waste Facilities. The Solid Waste component shall be approved if any of the following conditions are met: (1) Capital Solid Waste Facilities are in place to provide the proposed development sufficient services based on the LOS for Capital Solid Waste Facilities; or (2) The Capital Solid Waste Facilities that will provide the proposed development sufficient services based on the LOS for Capital Solid Waste Facilities are under construction and bonded. (f) Storm Drainage Facilities. The Storm Drainage component shall be approved if the proposed development has access to a point of legal positive outfall. 11 6. standards TOr R0V1eW OI APP110aL1Vn ivi ~ci ~iii~w~c of Concurreney Reservation. The following standards shall be used in the determination of whether to issue, issue with conditions, or deny a Certificate of Concurrency Reservation. Before issuance of a Certificate of Concurrency Reservation, the application shall fulfill the standards for each Public Facility component (Potable Water, Roads, Sanitary Sewer, Solid Waste, Drainage, Recreation and Open Space). (a) Potable Water Facilities. The Potable Water ' component shall be approved if any of the following conditions are met: (1) Capital Potable Water Facilities are in place to provide the proposed development sufficient services based on the LOS for Capital Potable Water Facilities, and a reservation of capacity has been received from the service provider; or (2) The Capital Potable Water Facilities that will provide the proposed development sufficient services based on the LOS for Capital Potable Water Facilities are under construction and bonded, and a reservation of capacity has been received from the appropriate service provider; or (3) The Capital Potable Water Facilities that will provide the proposed development sufficient services based on the LOS for Capital Potable Water Facilities, are committed to be provided by the applicant pursuant to a Development Agreement. (b) Recreation and Open Space Facilities. The Recreation and Open Space component shall be approved if any of the following conditions are met. (i) Capital Recreation and Open Space ' Facilities are in place to provide the proposed development sufficient services based on the LOS for Capital Recreation and Open Space Facilities, and a reservation of capacity has been provided for the facilities; (2) The Capital Recreation and Open Space Facilities that will provide the proposed development sufficient services based on the LOS for Capital Recreation and Open Space Facilities are under construction and bonded, and a reservation of capacity has been provided for the facilities; or (3) The Capital Recreation and open Space Facilities that will provide the proposed development sufficient services on the LOS for Capital Recreation and Open Space Facilities shall be provided pursuant to the terms of a Development Agreement. (c) Road Facilities. The Road component shall be approved if the proposed development complies with the LOS for Capital Road Facilities. In determining whether the road component meets the requirements of this subsection, the Five (5) Year Schedule of Improvements in the CIE may be considered only if the development proposed in the application is phased so that the impacts of the proposed development and the capacity provided by the road projects in the Five (5) Year Schedule of Improvements ' will occur concurrently. The phasing of development and transportation improvements to ensure the LOS for Capital Road Facilities is met may be addressed through a Development Agreement. (d) Sanitary Sewer Facilities. The Sanitary Sewer component shall be approved if any of the following conditions are met: (i) Capital Sanitary Sewer Facilities are in place to provide the proposed development sufficient services based 12 on the LOS for Capital Sanitary Sewer Facilities, and a reservation of capacity has been received from the appropriate service provider; (2) The Capital Sanitary Sewer Facilities that will provide the proposed development sufficient services based on the LOS for Capital Sanitary Sewer Facilities is under construction and bonded, and a reservation of capacity has ben received from the appropriate service provider; ' (3) The Capital Sanitary Sewer Facilities that will provide the proposed development sufficient services based on the LOS for Capital Sanitary Sewer Facilities are committed to be provided by the applicant pursuant to a Development Agreement. (e) Solid Waste Facilities. The Solid Waste component shall be approved if any of the following conditions are met: (1) Capital Solid Waste Facilities are in place to provide the proposed development sufficient services based on the LOS for Capital Solid Waste Facilities; or (2) The Capital Solid Waste Facilities that will provide the proposed development sufficient services based on the Los for Capital Solid Waste Facilities are under construction and bonded. (f) storm Drainage Facilities. The Drainage component shall be approved if the proposed development has access to a point of legal positive outfall and provides means for connection of stormwater flow from the proposed development to a legal positive outfall pursuant to the terms of a Development Agreement. VII. LIBERAL CONSTRUCTION. SEVERABILITY. AND PENALTY PROVISION D. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. E. If any section, phrase, sentence or portion of this Ordinance is for any reason held ittvalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity of the remaining portion. VIII. EFFECTIVE DATE F. This Ordinance shall become effective immediately upon passage and shall apply to all Applications for Development Permits submitted after that date. PLACED ON FIRST READING THIS 14 DAY OF JUNE , 1990. PLACED ON PUBLIC HEARING THIS 28 DAY OF JUNE ~ 1990. PLACED ON SECOND, FINAL READING AND PASSED THIS 28 DAY OF JUNE , 1990. ~ /~~ (Village Seal) G~~// `//~~~`~j /~~li . MAYOR 13 ATTEST: Village Clerk ~ This Document was prepared by Craig A. Smith & Associates for the Village of North Palm Beach, April 1990. t NPB603.A2 1 1 14