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ORDINANCE NO. 97- 21 <br />E. LDR Section 910.09(5)(a)2 is hereby amended to read as follows: <br />2. The new maximum discharge rate per acre throughout the basin or sub. <br />basin, if new drainage facilities or drainage facility improvements are <br />proposed within the basin or sub -basin. Proposed new drainage facilities or <br />drainage facility improvements shall be considered in determining a new <br />maximum discharge rate only if one or more of the following is <br />demonstrated: <br />a. Construction of the new facilities is underway at the time the <br />application for the concurrency determination is being evaluated; <br />b. The new facilities are the subject of a binding executed contract for <br />the construction of the facilities or the provision or services at the <br />time the application for the concurrency determination is being <br />evaluated; <br />C. The new facilities have been included in the adopted Indian River <br />County Capital Budget for the fiscal year in effect at the time the <br />application for the concurrency determination is being evaluated; <br />d. The new facilities are guaranteed in an enforceable development <br />agreement for the concurrency determination application under <br />consideration. An enforceable development agreement may <br />include, but is not limited to, development agreements pursuant to <br />Section 163.3220 et seq., Florida Statutes. Such facilities shall be <br />consistent with the capital improvements element of the Indian <br />River County Comprehensive Plan, as it may be amended from time <br />to time; or <br />e. The new facilities are guaranteed in anenforceable development <br />agreement for a development different than the one under <br />consideration, provided that the new facilities are the subject of a <br />binding executed contract for construction of the facilities with a <br />construction start date during the fiscal year in effect at the time the <br />application for the concurrency determination is being evaluated:::; <br />or <br />additions. <br />is issued <br />f. <br />A development order <br />or permit <br />subject <br />to the condition <br />that the necessary facilities <br />and <br />services <br />will be <br />in place and <br />issuance <br />Occupancy. <br />available at the time <br />of the <br />of <br />a Certificate <br />of <br />additions. <br />