Objective 2.4.1. - Level of Service and Concurrency.
Require the issuance of a Certificate of Level of Service for all development to ensure that required public facilities and services are available concurrent with development.
Policy 2.4.1.1. As may be permitted by the Land Development Code, the following development orders or approvals may have an option to obtain a Certificate of Level of Service for traffic, mass transit, drainage, solid waste and parks facilities:
(1)
Development of Regional Impact development order, Florida Quality Development, General Development Plans meeting Large Project standards of the Land Development Code or subsequent amendments thereto.
(2)
Preliminary subdivision plat approval, or equivalent development order.
(3)
Preliminary site plan, or equivalent development order.
The potable water, educational facility and sanitary sewer components of concurrency will be reserved according to Policy 2.4.1.2.
Any development order that is applied for and that may be issued prior to requesting one (1) or more development orders for the activities listed above (1) through (3) may be approved (where consistent with the goals/objectives/policies of this Comprehensive Plan and where consistent with all other applicable development regulations) without the simultaneous issuance of a Certificate of Level of Service Compliance.
The educational facilities component of concurrency may be valid a maximum of five (5) years unless an extended term is granted pursuant to a Development Agreement. In no instance shall the term of the educational facilities component exceed the Certificate of Level of Service Issued by affected local government.
Policy 2.4.1.2. When a project has not received a Certificate of Level of Service Compliance during any of items (1)—(3) as referenced above in Policy 2.4.1.1, then such review shall occur as listed below:
The following development orders or approvals shall obtain a Certificate of Level of Service for traffic, mass transit, drainage, sanitary sewer, solid waste, parks facilities, educational facility and potable water.
(1)
Earliest of the following (or equivalents thereof):
(a)
Construction drawing approval,
(b)
Final subdivision plat approval,
(c)
Final site plan,
(d)
Building permit, or
(e)
Approval to commence development.
If a Certificate of Level of Service is obtained according to Policy 2.4.1.1, a subsequent CLOS for potable water and sanitary sewer shall have the same expiration date as the original CLOS. Obtaining a CLOS for potable water and sanitary sewer at final development stage does not extend the original expiration date of the CLOS.
Policy 2.4.1.3. Conditions may be imposed as part of the Certificate of Level of Service Compliance to ensure compliance with appropriate Level of Service Standards.
Where authorized by ordinance, local government land development agreements pursuant to § 163.3220 et seq., F.S., and/or infrastructure assessment districts or similar mechanisms may be utilized to provide for infrastructure necessary to achieve level of service compliance or to provide a means of establishing and ensuring compliance with a commitment on which issuance of a Certificate of Level of Service Compliance is predicated.
Implementation Mechanism:
(a)
County coordination of all level of service review processes for review of development orders and issuance of Certificates of Level of Service Compliance in conformance with the Level of Service Standards as required in the Transportation, Recreation/Open Space, and Public Facilities Elements.
Policy 2.4.1.4. Require that all development orders issued by Manatee County are issued pursuant to at least one (1) of the following findings:
(1)
That all adopted level of service standards referenced in the Transportation, Recreation/Open Space, and Public Facilities Elements are maintained by the proposed development or development phase. This finding shall cause the issuance of a Certificate of Level of Service Compliance, as described in Policy 2.4.1.1 and Policy 2.4.1.2 above.
(2)
That the issuance of the development order is conditioned on the phasing of the project, or implementation of improvements to public facilities which are impacted by the project, so as to ensure the achievement of adopted level of service standards.
(3)
That the issuance of the development order does not require the issuance of a Certificate of Level of Service Compliance.
Implementation Mechanism:
(a)
County review of all appropriate development orders or approval of phasing to ensure policy compliance.
(4)
The project is within a Transportation Concurrency Exception Area established pursuant to Policy 5.0.4.1 of this Plan and has met the impact mitigation standards required by this Plan, the Land Development Code and adopted Administrative Procedures.
Policy 2.4.1.5. A certificate for potable water level of service will only be issued if the long term population projections and the permitted potable water capacity indicate that sufficient supplies are available during the County's water use permit period.
A certificate for sanitary sewer level of service will only be issued if the permitted sanitary sewer rated treatment capacities are available.
Implementation Mechanism:
(a)
Maintain land development regulations consistent with this policy.
(b)
Continual monitoring/updating of the water and sanitary sewer reservations, average daily use, treatment and permitted capacities.
(c)
Continue to provide annual updates to the Board of County Commissioners during the CIP/Growth Management Workshop regarding water resources and sanitary sewer treatment, capacity, and reservations.
Policy 2.4.1.6. The issuance of a building permit for construction of a permanent structure shall require a determination that the proposed construction is consistent with a valid Certificate of Level of Service Compliance. A building permit for a single family dwelling unit on a lot of record created prior to May 15, 1989, shall be presumed to have satisfied this requirement.
Implementation Mechanism:
(a)
Review all applications for building permits to verify the existence of a valid Certificate of Level of Service Compliance for that project or project phase.
(Ord. No. 16-23, § 6(Exh. D), 9-19-16; Ord. No. 17-12 , § 3, 5-23-17; Ord. No. 17-13 , § 3, 9-3-17; Ord. No. 18-04 , § 6(Exh. D), 8-23-18)