§ 72-1009. Criteria for and levels of service for concurrency.

(a)

Thoroughfare system roads.

(1)

The following review standards shall apply to all nonexempt projects or project phases seeking an initial certificate of capacity or final certificate of capacity for thoroughfare system roads, or projects with initial or final certificates of capacity subject to additional review for thoroughfare system roads, or that have been revoked or expired for thoroughfare system roads.

a.

The facilities and services necessary to serve the project or project phase and maintain the adopted level of service standard are in place or under actual construction at the time the certificate of capacity is issued or will be in place or under actual construction within three years from the date of issuance of the certificate of capacity; or

b.

The facilities necessary to serve the project or project phase and maintain the adopted levels of service are guaranteed in an enforceable development agreement that includes the provisions of F.S. § 163.3177(6)(b) pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380. The agreement must guarantee the necessary facilities to serve the project or project phase and maintain the adopted levels of service will be in place at the time of issuance of the certificate of capacity; or will be in place or under actual construction within three years from the date of issuance of the certificate of capacity; or

c.

The project or project phase is determined de minimis as to set forth in this section; or

d.

The project or project phase satisfies the proportionate fair share mitigation requirements of chapter 70, or F.S. § 163.3180(5)(h)3 for developments of regional impact; or

e.

The developer enters into a mitigation agreement with another government entity that agrees to construct the needed improvements.

(2)

For the purposes of issuing final development orders, the level of service standards for Volusia County thoroughfare system roads shall be based on chapter 2, the Transportation Element, of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(3)

The level of service of one or more of the Volusia County thoroughfare system roads may be determined by substantiation in the form of specific traffic studies that are consistent with the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(4)

The impact of proposed development on roads shall be determined as follows:

a.

Impact analysis area. The analysis area for applications for development orders shall be based on the use of the Central Florida Regional Planning Model (CFRPM) version 4.02, or most recently adopted version by the Volusia County Metropolitan Planning Organization model and average trip lengths depicted in the support documentation of the transportation impact analysis guidelines.

The analysis areas for applications for development orders shall be delineated by the following radii from the boundaries of the proposed development:

Residential, office, commercial, industrial and institutional uses:	5 miles
Recreation, local parks:	1.5 miles
Convenience stores:	1.0 mile
Other uses:	5 miles

 

Within the above analysis area radii, significant impact shall be determined by the following thresholds for percent of service capacity consumed:

1.

That the roadway or roadways to which the project has direction connections are not 90 percent roadways, 110 percent roadways, or hurricane evacuation roadways, as applicable; or

2.

That the project generates no more than 1,000 daily trips and would not affect more than one percent of the maximum volume at the adopted level of service of the affected transportation facilities; or

3.

That the project generates no more than 3,000 daily trips and would not affect more than three percent of the maximum volume at the adopted level of service of the affected transportation facilities; or

4.

That the project generates more than 3,000 daily trips and would not affect more than five percent of the maximum volume at the adopted level service of the affected transportation facilities.

If the traffic impacts from the transportation analysis area exceed the available capacity because the deficient segment is within the five-mile radius, but not within a five-mile road travel distance from the project, then the analysis area shall be reduced by applying the above-described distances to the actual thoroughfare road system, i.e., road miles from development site. Additional analysis may be required when, in the sole judgment of the county, the established radii do not address the actual impact.

b.

De minimis determinations.

1.

A project impact is de minimis for transportation concurrency purposes if it consumes less than one percent of the maximum volume at the adopted level of service of the affected transportation facility. However, no project impact may be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility, or 100 percent of the capacity of the maximum volume at the adopted level service for any affected designated hurricane evacuation route.

2.

The county council shall adopt annually by resolution a critical and near-critical roadway list of transportation facilities that are estimated, based on county estimates of existing roadway volumes and projected volumes from approved projects, to exceed:

i.

Ninety percent of the maximum volume at the adopted level of service of the facility ("near critical roadways").

ii.

One hundred ten percent of the maximum volume at the adopted level of service of the facility ("critical roadways"), and

iii.

One hundred percent of the maximum volume at the adopted level of service for designated hurricane evacuation routes ("hurricane evacuation roadways").

The annual list of near critical roadways, critical roadways and hurricane evacuation roadways is hereinafter referred to as the "non-de-minimis-roadway list." The non-de-minimis-roadway list shall be used to determine whether a project applying for a certificate of capacity can be de minimis for transportation concurrency purposes and for purposes of the requirement to complete a transportation analysis. Until the county council adopts a new annual non-de-minimis-roadway list, the most recently adopted non-de-minimis-roadway list shall be utilized for purposes of this determination.

3.

Effect of de minimis determination. All development not considered de minimis for transportation analysis and transportation concurrency purposes shall be required to complete a transportation analysis and shall be required to demonstrate concurrency. All development, regardless of de minimis status, shall be required to comply with all other certificate of capacity requirements in these regulations. All development, regardless of de minimus status, shall also be required to comply with all nonconcurrency transportation requirements of the Land Development Code and TIA guidelines, including, but not limited to, regulations and requirements relating to access management and substandard roads, unless such projects are exempt pursuant to such regulations.

(5)

Mitigation of transportation impacts. Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through proportionate share as set forth in chapter 70.

(b)

Potable water facilities. For the purpose of issuing final development orders the level of service standards for potable water facilities shall be based on the standards in chapter 7, the potable water subelement of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(1)

The minimum service level standard for supply and treatment of potable water shall be an annual average daily volume of 300 gallons of potable water per equivalent residential connection applicable to the planned urban water service areas.

(2)

The following criteria shall satisfy the concurrency requirements for potable water facilities:

a.

The necessary potable water facilities shall be in place and available prior to issuance of a certificate of occupancy as follows:

1.

Potable water facilities provided by Volusia County shall be deemed to be in place and available upon payment of all utility fees as set out in Volusia County Utility Resolution, No. 86-116, as amended [chapter 122, article II, Code of Ordinances].

2.

Potable water facilities provided by private or public agencies other than Volusia County shall be deemed to be in place and available upon a showing that said providers have reserved capacity in their potable water system so that it will be available prior to issuance of a certificate of occupancy.

b.

The necessary potable water facilities are guaranteed in an enforceable development agreement pursuant to subsection 72-502(f) of this article to be in place and available prior to issuance of a certificate of occupancy.

(c)

Sanitary sewer facilities.

(1)

For purposes of issuing final development orders the level of service standards for sanitary sewer facilities shall be based on chapter 6, the sanitary sewer subelement of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(2)

The following criteria shall satisfy the concurrency requirements for sanitary sewer:

a.

The necessary sanitary sewer facilities shall be in place and available prior to issuance of a certificate of occupancy as follows:

1.

Sanitary sewer facilities provided by Volusia County shall be deemed to be in place and available upon payment of all utility fees as set out in Volusia County Utility Resolution, No. 86-116, as amended [chapter 122, article II, Code of Ordinances].

2.

Sanitary sewer facilities provided by private or public agencies other than Volusia County shall be deemed to be in place and available upon a showing that said providers have reserved capacity in their sanitary sewer system so that it will be available prior to issuance of a certificate of occupancy.

b.

The necessary sanitary sewer facilities are guaranteed in an enforceable development agreement pursuant to subsection 72-502(f) of this article to be in place and available prior to issuance of a certificate of occupancy.

(d)

Solid waste facilities.

(1)

For the purposes of issuing final development orders the level of service standards for solid waste facilities shall be based on chapter 8, the solid waste subelement of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(2)

The following criteria shall satisfy the concurrency requirements for solid waste:

a.

The necessary solid waste facilities shall be in place and available prior to issuance of a certificate of occupancy; or

b.

The necessary solid waste facilities are guaranteed in an enforceable development agreement pursuant to subsection 72-502(f) of this article to be in place and available prior to issuance of a certificate of occupancy.

(e)

Drainage facilities.

(1)

For the purposes of issuing final development orders the level of service standards for drainage facilities shall be based on chapter 9, the drainage subelement of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended. Compliance with division 8 of this article is required.

(2)

The following criteria shall satisfy the concurrency requirements for drainage facilities:

a.

The necessary drainage facilities shall be in place and available prior to issuance of a certificate of occupancy: or

b.

The necessary drainage facilities are guaranteed in an enforceable development agreement pursuant to subsection 72-502(f) of this article to be in place and available prior to issuance of a certificate of occupancy.

(f)

Park and recreational facilities.

(1)

For the purpose of issuing final development orders, the level of service standards for parks and recreational facilities shall be based on chapter 13, the recreation and open space element of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(2)

The following criteria shall satisfy the concurrency requirements for parks and recreation facilities:

a.

The necessary park and recreation facilities are in place and available prior to issuance of a certificate of occupancy; or

b.

The acreage for the necessary park and recreation facilities is dedicated or acquired by Volusia County; or

c.

The necessary park and recreation facilities are the subject of a binding executed agreement, pursuant to subsection 72-502(f), which requires those facilities to be in place or under actual construction not more than one year after issuance of a certificate of occupancy.

(3)

Pursuant to F.S. § 163.3180(11), prior to issuance of a building permit for a proposed development which creates a deficient park and recreation facility, the park and recreation facilities concurrency requirements for a proposed development shall be satisfied upon payment of the park impact fee pursuant to the Volusia County Park Impact Fee Ordinance, No. 90-33, as amended [chapter 70, article IV, Code of Ordinances].

(g)

Mass transit facilities.

(1)

For the purpose of issuing final development orders, the level of service standards for mass transit facilities and services shall be based on chapter 3, the mass transit element of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended.

(2)

The following criteria shall satisfy the concurrency requirements for mass transit facilities and services:

a.

The proposed development will not create adverse impact on the mass transit facilities and services.

b.

The proposed development will create an adverse impact on the mass transit facilities and services, and either:

1.

The necessary mass transit requirements to ensure the adopted levels of service in the comprehensive plan are in place and are available; or

2.

The necessary mass transit requirements to ensure the adopted levels of service in the comprehensive plan will be maintained are scheduled to be in place and are available not more than three years after a certificate of occupancy is issued; or

3.

The necessary mass transit improvements to ensure the adopted levels of service in the comprehensive plan will be maintained are the subject of a binding executed agreement, pursuant to subsection 72-502(f) of this article, which requires the necessary mass transit improvements to be in place and available not more than three years after issuance of a certificate of occupancy.

(3)

Pursuant to F.S. § 163.3180, as amended, prior to issuance of a building permit for a proposed development which creates adverse impact on the mass transit facilities and services, the mass transit concurrency requirements for a proposed development shall be satisfied upon payment by the developer of a fair share of the cost of providing the mass transit facilities and services necessary to serve the proposed development.

(h)

Additional independent assessments. Except as otherwise provided in subsection (a) of this section, an applicant may provide for independent assessment of the impact of his development on public facilities by a qualified professional in the recognized field of expertise using appropriate studies, surveys and reports and applying standard methodologies and procedures.

(i)

[References.] For referenced provisions of the Volusia County Comprehensive Plan Ordinance No. 90-10, as amended, relating to level of service standards, see appendix D.

(Ord. No. 90-33, § LIX, 9-27-90; Ord. No. 94-2, §§ 66—74, 4-7-94; Ord. No. 96-10, § I, 5-2-96; Ord. No. 96-32, § LXXIV, 12-19-96; Ord. No. 2006-26, § I, 11-16-06; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2013-20, § XVIII, 12-12-13)