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Comprehensive Plan Capital Improvements Eley-,, t to be in place or under actual construction not more than three years after issuance of the project's first building permit or its functional equivalent. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation five year work program. In order to apply this provision to a facility expansion project, the Capital Improvements Element must include the following policies: i. The estimated date of commencement of actual construction and the estimated date of project completion (for Indian River County, this is included in policy 5.11 of this element and within Appendix B of this element). ii. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of capital improvements (for hldian River County, this is included in Policy 1.2 of this Element); or At the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be in place or under actual construction no more than three years after the issuance of the project's first building permit or its functional equivalent; or 4. At the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S., to be in place or under actual construction not more than three years after issuance of a building permit or its functional equivalent. [Section 163.3180(2)(c), F.S.] 5. The segment's new roadway capacity if facility expansion for the segment is the subject of a proportionate fair -share agreement. In such case, the segment capacity increase reflected in the proportionate fair share agreement shall be available only to the party or parties to the proportionate fair share agreement. ➢ For school facilities: A residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas as defined in Section 163.3180(13)(c), F.S. Community Development Department Indian River County Supplement #13; Adopted November 18, 2008, Ordinance 2008-018 52