§ 44-86. General rules.

The following rules for determining concurrency shall apply to all developments subject to concurrency review pursuant to this chapter:

(1)

Existing deficiencies. No development order or permit shall be approved which will impact a facility found to be deficient in article III until such deficiency is corrected.

(2)

Development impacts. No development order or permit shall be approved if the impacts from the development as determined in division 2 of this article will cause a facility listed in article III to operate below its level of service standard adopted in the town's comprehensive plan.

(3)

Planned improvements. Planned facility improvements, other than those listed in article III or those to be provided as a condition of approval for the development under consideration, may not be included in a facility capacity assessment unless approved by a four-fifths vote of the town commission. Such improvements may include, but are not limited to, those improvements contained on the five-year schedule of capital improvements adopted in the town's comprehensive plan scheduled for implementation in future fiscal years.

(4)

Development phasing. Development that is to occur in phases may also phase the improvement of facilities provided the facility availability requirements of division 2 of this article are met for each completed phase of the development.

(5)

Time specific approvals. All development orders and permits shall have a specified effective date and expiration date. If a development involves two or more phases, the effective date and expiration date of each phase shall be specified in the development order or permit. The development order or permit may prescribe a time schedule for the initiation and completion of various components of the development process such as land clearing, filling, foundation pouring, etc. Amendments to time schedules shall be approved only by the town commission.

(6)

Required facility improvements. Facility improvements required in development orders or permits shall become the subject of a binding executed contract for construction or shall be guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order pursuant to F.S. ch. 380. Binding contracts shall be made between the developer, the town and the governmental or private agency having jurisdictional responsibility for the facility to be improved.

(Ord. No. 91-3, § 1(E), 1-21-91)