§ 72-1006. Findings and intent.

(a)

The County Council of Volusia County, Florida, finds that F.S. § 163.3161 et seq. establishes the Community Planning Act.

(b)

The Act requires that each local government in the State of Florida adopt a comprehensive plan to guide and control future development consistent with the requirements of the Act.

(c)

Volusia County has adopted Ordinance No. 90-10, as amended, the Volusia County Comprehensive Plan.

(d)

F.S. § 163.3202 requires that local governments adopt or amend and enforce land development regulations which are consistent with and implement the local government's comprehensive plan.

(e)

F.S. § 163.3180 provides that it is the intent of the legislature that sanitary sewer, solid waste, drainage, and potable water shall be available concurrent with the impact of development. Additional public facilities shall be subject to a concurrency requirement at the option of the local government. This is commonly referred to as the concurrency provision of the Act.

(f)

F.S. § 163.3180 requires that if concurrency is applied to public facilities in addition to sanitary sewer, drainage, and potable water, the comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service, to guide its application. The comprehensive plan must demonstrate that the levels of service adopted can be reasonably met for any concurrency requirement, whether state or locally mandated. The comprehensive plan must include principles and methodologies for the establishment of a concurrency management system.

(g)

F.S. § 163.3202(2)(g) prohibits local governments from issuing development orders or permits which result in a reduction of service for the affected public facilities below the level of services provided in the comprehensive plan of the local government.

(h)

The purpose of a concurrency management system is to provide the necessary regulatory mechanism for the evaluating development orders to ensure that adequate public facilities are available with the development's impact. An additional component of a concurrency management system is the establishment of a framework for determining public facilities needs and providing a basis for meeting those needs through capital improvement planning.

(i)

The Volusia County Council hereby exercises its legislative authority pursuant to the Constitution of the State of Florida, the Charter of Volusia County, F.S. ch. 125, and F.S. ch. 163, by establishing acceptable levels of services for roads, potable water, sanitary sewers, solid waste, drainage, parks and recreation, and mass transit. No development order or development permit may be approved unless it is found that the development is consistent with the county comprehensive plan. Consistency determinations, and exemptions from such determinations, shall be in accordance with the Volusia County Comprehensive Plan, Ordinance No. 90-10 as amended, F.S. § 163.3194 and the land development code relating to the concurrency management system.

(Ord. No. 90-33, § LIX, 9-27-90; Ord. No. 94-2, § 64, 4-7-94; Ord. No. 2006-26, § I, 11-16-06; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2013-20, § XVI, 12-12-13)