§ 72-1007. Certificate of capacity or nonconcurrency affidavit.

Concurrency facilities include thoroughfare system roads, mass transit, drainage, potable water, water supply, sanitary sewer, solid waste and parks and recreation. The county council has established level of service standards for such facilities in the Volusia County Comprehensive Plan. These regulations allow the county to determine whether there is sufficient capacity of concurrency facilities to meet the comprehensive plan level of service standards concurrent with proposed development and ensure consistency with the county capital improvements program and capital improvements element. The mechanism to make this capacity determination shall be the issuance of a certificate of capacity. A certificate of capacity as used in these regulations is a determination that all concurrency review requirements are satisfied for the proposed development and that a specified quantity of concurrency facilities capacity is reserved for the proposed development for the duration of the certificate of capacity, subject to the requirements of these regulations, and any conditions imposed with the certificate of capacity. A certificate of capacity is issued if all adopted level of service standards can be maintained during, and following, the proposed development, or the impacts of the proposed development are mitigated consistent with the comprehensive plan and these regulations. Any certificate of capacity may be issued with conditions to ensure the adopted level of service standards can be maintained during, and following, the proposed development, or to ensure that the impacts of the proposed development are mitigated consistent with the county comprehensive plan and these regulations. Certificates of capacity shall run with the parcel(s) of real property for which they are issued, and the rights and obligations set forth therein shall be binding on subsequent owners of such real property. Certificates of capacity may not be transferred to other parcels or property.

(1)

Each applicant for a preliminary development order as defined in section 72-2 shall elect one of the following options:

a.

Apply for a certificate of capacity; or

b.

Execute a nonconcurrency affidavit.

(2)

Each applicant for a final development order as defined in section 72-2 shall apply for a certificate of capacity. Each application for a certificate of capacity shall include, at a minimum, a statement as to specific land use(s) and zoning together with the appropriate land use classification(s) in the most recent edition of the "Institute of Transportation Engineers Trip Generation Manual", the number of units, and the floor area or square footage for all nonresidential structures or other areas that will be used for display or storage of goods or dedicated to performance of services, as applicable or relevant to the estimation of impacts for purposes of meeting the intent of these regulations. For phased projects, this information shall be provided for each phase. The application shall also include, at a minimum, the location of the project, including parcel identification numbers. The county manager, or his/her designee, may require additional information or request supplemental information for specific concurrency facilities. Information supplied by the applicant in any related development approval application(s) may be used for the certificate of capacity determination.

(3)

A certificate of capacity shall be applied for on a form approved by the land development manager (LDM).

a.

If the certificate of capacity application concerns a development application to be reviewed pursuant to divisions 2 or 3 of this article, then it shall be filed concurrently with those applications for development.

b.

If the certificate of capacity application does not concern a development to be reviewed pursuant to divisions 2 or 3 of this article, then information called for on a form approved by the land development manager shall be submitted. The application shall be filed at the land development division (LDD), along with sufficient copies, as determined by the LDM, and the required fee shall be paid. The LDM shall within three working days from the date of filing determine if the application is complete. If it is determined that the application is incomplete, it shall be returned to the applicant. If the application is determined to be complete, the LDM shall transmit the application and plans to the coordinating agencies as provided herein. The coordinating agencies shall have 20 working days from the date of acceptance to complete application review.

(4)

Capacity determination procedures.

a.

For county-maintained thoroughfare system and local roads, mass transit, sanitary sewer, potable water, water supply, solid waste, and parks and recreation, an initial certificate of capacity shall be required prior to the issuance or approval of the following development orders that is first applied for by or on behalf of a property owner, for any project or project phase, and said initial certificate of capacity shall remain in effect for the remainder of the development process:

1.

Rezonings.

2.

Special exceptions.

3.

Overall development plan.

4.

Preliminary plat and construction plan.

5.

Final site plan.

b.

Initial certificates of capacity shall be valid, and reserve capacity, for a period of six years from the date of issuance, except for thoroughfare system roads. The capacity reservation for thoroughfare system roads shall depend on whether the initial certificate of capacity requires a transportation impact analysis (TIA) in accordance with this article and the TIA guidelines, or transportation analysis in accordance with F.S. ch. 380, to determine capacity for thoroughfare system roads ("transportation analysis").

1.

Initial certificates of capacity requiring a transportation analysis shall be valid, and reserve capacity, from the date of issuance through the build-out date of the transportation analysis, which shall be no less than two years.

2.

Initial certificates of capacity that do not require a transportation analysis in accordance with these regulations shall be valid, and reserve traffic capacity, for a period of two years from the date of issuance; however, any initial certificate of capacity applicant that is not required to complete a transportation analysis may voluntarily complete a transportation analysis pursuant to these regulations and the TIA guidelines, and be subject to the capacity reservation periods for projects required to complete a transportation analysis.

The foregoing expiration periods for initial certificates of capacity are subject to the additional review and revocation requirements set forth below. Initial certificates of capacity that expire may be renewed only upon compliance with all applicable application and review requirements set forth in these regulations.

c.

For drainage, thoroughfare system roads, mass transit, sanitary sewer, potable water, water supply, solid waste and parks and recreation, a final certificate of capacity shall be required prior to the issuance or approval of one of the following development orders for any project or project phase:

1.

Building permit issuance for nonresidential development, residential development not requiring subdivision plat, or residential subdivisions into more than one dwelling unit per lot.

2.

Final plat approval for residential subdivisions into one dwelling unit per lot.

3.

For public schools, preliminary/construction plan approval.

Any project or project phase with a valid and unexpired initial certificate of capacity at the time of issuance or approval of the final certificate of capacity shall be entitled to issuance of a final certificate of capacity without further analysis or review for the portion of the project with the valid and unexpired initial certificate of capacity, subject to the additional review and revocation requirements set forth below. Projects, or project phases, without a valid and unexpired initial certificate of capacity shall require additional review in accordance with these regulations. Final certificates of capacity, once issued, shall constitute a reservation of capacity until the final date of build-out as set forth in the transportation analysis, subject to the additional review and revocation requirements set forth below.

d.

After an initial or final certificate of capacity has been issued, any project or project phase that changes the number of units, the type of land use, the floor area or square footage for all nonresidential structures, or other areas that will be used for display or storage of goods or dedicated to performance of services, shall be subject to additional review in accordance with these regulations if the change results in an increased demand for, or impact on, any concurrency facility. Any project or project phase requiring a transportation analysis shall be subject to additional transportation analysis review in accordance with these regulations if, after the issuance of the initial or final certificate of capacity, the build-out date, land use assumptions, or on-site circulation or access provisions in the transportation analysis for the project or project phase have been changed to the extent that they result in an increased impact on thoroughfare system roads, as determined by the county.

e.

An initial or final certificate of capacity may be revoked if the county manager or his/her designee determines that the application information used as a basis for the issuance of the certificate of capacity was inaccurate, and such inaccuracy was material to the capacity determination, or a condition of the initial or final certificate of capacity has not been fulfilled by the time period required in such condition, or in the absence of a time period, by the issuance of the first certificate of occupancy for the project or project phase that received the certificate of capacity. The county shall provide 30 days prior written notice of the planned revocation to all property owners that would be subject to a new certificate of capacity. During such 30-day period, any property owner notified of the planned revocation may either cure the inaccuracy or noncompliance, or appeal the planned revocation pursuant to section 72-1015. In the event of an appeal of the planned revocation, the revocation shall be stayed until such time that the county council determines that the certificate of capacity shall be revoked.

f.

An applicant may voluntarily revoke any initial or final certificate of capacity that has been issued to the applicant, in which case the capacity reservation for the project, or project phase, shall terminate, and such project or project phase shall be subject to all procedures and review standards set forth in these regulations. However, an applicant may not revoke any condition or mitigation required by an initial or final certificate of capacity if such condition or mitigation is guaranteed by a security instrument and voluntary revocation by the applicant shall not entitle the applicant to a refund or credit for any payment, security instrument or mitigation provided to the county as a condition of the revoked initial or final certificate of capacity.

g.

The county shall withhold issuance of new development orders, permits or certificate of occupancy for any project or project phase with an expired or revoked initial or final certificate of capacity, with an initial or final certificate of capacity subject to additional review in accordance with these regulations, or that did not obtain an initial or final certificate of capacity where required by these regulations.

h.

Initial and final certificates of capacity may be subject to additional review or revocation for all concurrency facilities, or for specific concurrency facilities. In addition, initial certificates of capacity may have a different expiration period for thoroughfare system roads. If an initial or final certificate of capacity is subject to additional review, revocation or expiration only for a specific concurrency facility, or specific concurrency facilities, it shall not affect the validity of the initial or final certificate of capacity for purposes of the other concurrency facilities not subject to additional review, revocation or expiration.

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