§ 5.02.00. General requirements.

A.

Under any of the following criteria, the burden of demonstrating concurrency compliance shall be upon the developer or applicant. Such information shall be compiled and quantified prior to requesting a subdivision or site plan review described in Article 4 of this ordinance:

1.

The planned activity involves combined land and water area (to include submerged land [or] leased area) exceeding three (3) acres unless the application is for the construction of a single-family house or residential duplex;

2.

The development is a residential project including ten (10) or more dwelling units;

3.

Development involves more than one thousand five hundred (1,500) square feet of non-residential floor space;

4.

When development in aggregate with other requests for a development order (permit) exceeds any of the above limits.

B.

Capacity allocation.

1.

Capacity shall be allocated on a first come, first served basis, i.e., reservation of capacity goes to the developer that first obtains approval to perform construction on the site. The allocation of capacity, however, shall be subject to the following sunset provisions:

a.

Capacity approved and assigned to development project, but not reserved by the payment of impact fees (i.e., water, sewer, tap fees), shall be withdrawn if the development order for the project has expired in accordance with the provision of Article 4 of this Code.

b.

Capacity that has been purchased by a developer or a private individual and is recorded with the county may be vested in seven (7) year increments regardless of when construction on a development site commences. To prevent hoarding of capacity, purchased but unused capacity shall be renewed at least once each seven (7) years. For the purposes of renewal, any addition in the cost of purchasing capacity shall be paid to the purveyor of the facility or service at the then-prevailing rate. For purposes of computation, the amount paid for reserved capacity that has not been used shall be deducted from the prevailing rate and the applicant shall pay the difference to the public facility or service provider.

c.

If a development order expires for reasons beyond the control of the developer, capacity assigned may be retained by the developer for a period not to exceed any time period extension of a development order as approved by the Zoning Board of Adjustments, in accordance with Article 4 of this Code.

2.

In cases where construction is phased by the developer over a period of time exceeding one (1) year, reserved capacity for any, or all phases, shall be retained by the developer so long as construction has proceeded in accordance with the schedule on which capacity allocation was originally based. If construction activity ceases, or if phased development falls behind scheduled phases by a period of one (1) year following the issuance of a final development order, capacity allocation for succeeding phases, if any, shall be withdrawn and made available to other developers on a first come, first served basis.

3.

In the event of withdrawal of capacity following the issuance of a final development order or a building permit, it shall be incumbent upon the developer to reapply for capacity allocation if a continuation of the project is desired.

C.

The county planning director, Navarre Beach Director or county engineer, or their designees, shall not require concurrency findings when the planned activity is less than the limits provided in subpart (A) above.

(Ord. No. 98-06, § 1, 5-14-98; Ord. No. 2004-10, § 1, 3-29-04; Ord. No. 2009-04, § 1, 2-26-09; Ord. No. 2011-25, § 1, 9-22-11)