§ 72-505. Determination and offsetting of impact on public services and facilities of Volusia County.

(a)

Procedure. During the review of a preliminary plat or final site plan for a development order, a determination will be made by the county according to policies set out in the comprehensive plan, the zoning ordinance [article II of this chapter], and this article as to the environmental, physical and fiscal impact of the development on the public services and facilities of Volusia County as set forth in this section and division 14, herein, and the measures necessary to offset said impacts.

(1)

The determination of impact will use the best available information as provided in division 14 and will be based upon the maximum impact of the proposed development as generated from the submitted application for a development order. The applicant is encouraged to provide any information in addition to required submittals that will assist in more accurately determining impact.

(2)

The measures necessary to offset the impact of the proposed development shall be as set out in this section and division 14, as the case may be.

(b)

Availability of thoroughfare system roads. The availability of the thoroughfare system roads shall be as provided in division 14 of this article. The funds in the land development trust fund created in the previous subsection [72-505(b)(5) herein, repealed] are hereby transferred to the road impact fee zone fund established in Ordinance No. 86-6, as amended [chapter 70, article III, Code of Ordinances]. Said funds shall only be expended in the fund zone in which the development is located. Said funds shall be expended prior to or concurrent with the expenditure of other public funds for thoroughfare system improvements.

(c)

Availability of parks and recreation facilities. The availability of the parks and recreation facilities shall be as provided in division 14 of this article. Moneys deposited by a developer pursuant to subsection [72-505(c)(1)b. previously repealed] are hereby transferred into the park impact fee zone fund established in Ordinance Number 90-33. Said funds shall only be expended in the fund zone in which the development is located. Said funds shall be expended prior to or concurrent with the expenditure of other public funds for park system improvements.

(d)

Availability of the stormwater management system. The proposed development shall be designed to provide for the construction and maintenance of a stormwater management system, which conforms to the standards of division 8 and division 14 of this article, and chapter 9, the drainage subelement of the comprehensive plan; and of any other governmental agency having jurisdiction over the area.

(e)

Availability of the potable water system. The availability and capacity of the potable water system shall be as provided in division 14 of this article.

(f)

Availability of the sanitary sewer system. The availability and capacity of the sanitary sewer system shall be as provided in division 14 of this article.

(g)

Availability of the hazardous waste disposal system. The hazardous waste disposal system of Volusia County shall have the capacity to serve the proposed development at the levels of service as set out in chapter 8, the solid waste subelement, and chapter 10, the natural groundwater and aquifer recharge element of the comprehensive plan.

(h)

Availability of the mass transit system. The availability and capacity of the mass transit system shall be as provided in division 14 of this article.

(i)

Protection of natural resource management areas. Proposed developments which will directly or indirectly impact natural resource management areas (NRMA), as provided in the land use element of the comprehensive plan, shall produce minimal adverse effects on those areas. Acquisition of all applicable county, state and federal environmental permits shall be prima facie evidence of compliance with this provision.

(1)

An application for development of any land identified as a NRMA shall include an environmental impact assessment (EIA) report by a qualified environmental consultant identifying the effects that the proposed development would have on the area. At a minimum, the EIA shall include the information and findings resulting from the permitting requirements for the following: Wetland protection, tree protection, surface and stormwater management, land clearance, air quality, protection of environmental sensitive land and critical habitat, and protection of endangered and threatened species. The EIA is to be reviewed by the environmental management department (EMD) in accordance with policies set out in chapter 12, the conservation element of the comprehensive plan. That assessment shall be considered by the DRC and/or county council during review of an application.

(2)

For the purpose of this article, the applicant shall not have met the procedural requirements for the submittal of a complete application until an EIA has been submitted where required.

(j)

Tree protection measures. The existing trees and tree coverage of a proposed development shall be adequately maintained and protected through consideration, to the maximum extent possible, of the standards and requirements of division 10 of this article.

(k)

School system sites in new residential development. In order to provide for lands to be used to meet the need for school sites created by new residential development, a developer may dedicate land acceptable to the Volusia County School Board of suitable size, dimension, soil type, topography and general character to meet the need for school sites created by the development. Land to be utilized as school sites in connection with proposed development shall be of sufficient size and dimensions, shall be in a suitable location, shall have adequate accessibility, and shall be transferred in an appropriate manner as determined by the Volusia County School Board.

(l)

Availability of solid waste facilities. The availability and capacity of solid waste facilities shall be as provided in division 14 of this article.

(m)

Availability of pedestrian and bicycle circulation facilities.

(1)

The availability of pedestrian and bicycle facilities shall be provided as required in chapter 13 of the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended, and section 72-620 of this article.

(2)

There is hereby established a Volusia County Sidewalk Improvement Trust Fund. Money deposited in this fund shall be used for the purpose of constructing pedestrian and bicycle facilities in areas determined by the county to be needed for the safety and convenience of the pedestrians and bicyclists of the county. The trust fund shall be divided into as many sub funds as there are road impact fee zones established by chapter 70, article III, Code of Ordinances. Money paid into the trust fund shall be deposited into the appropriate sub fund as determined by the location of the development under consideration.

a.

The DRC or county council in their consideration of a development application may approve the payment of money into the trust fund in lieu of construction of the sidewalks required by section 72-620.

b.

The amount of money to be paid in lieu of construction shall be determined by the county engineer by establishing the average cost of constructing such facilities. The county engineer shall review such cost annually and certify such cost to the LDM prior to October 1 of each year. Such cost shall be utilized by the LDM to make a determination of the amount of money owed by the developer as payment into the trust fund. The DRC may approve a different amount of money to be paid into the trust fund by the developer based upon the actual cost of constructing the facilities in the development as evidenced by a construction bid, submitted by the developer and verified by the county development engineer (CDE), for that purpose.

c.

The total amount of money owed shall be paid to the LDD prior to or concurrent with issuance of a building permit for a site development or prior to recording the final plat for a subdivision development. The county shall keep a record of all money paid into the trust fund and shall, upon payment, deposit the money into the appropriate sub fund. Payment of all the money owed by the developer shall constitute full payment of the money necessary for the county to construct the required facilities at the location of the development at any future time deemed appropriate by the county council.

(Ord. No. 88-40, § IV, 12-15-88; Ord. No. 90-4, § I, 1-18-90; Ord. No. 90-33, §§ IX—XX, 9-27-90; Ord. No. 94-2, §§ 22—25, 4-7-94; Ord. No. 96-32, §§ IX—XII, 12-19-96; Ord. No. 2008-25, § III, 12-4-08)

Code reference— Impact fees, ch. 70.