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Comprehensive Plan Capital Improvements Element <br />1. A development order or permit is issued subject to the condition that, at the time of the <br />issuance of a certificate of occupancy or its functional equivalent, the necessary <br />facilities and services are in place and available to serve the new development; or <br />2. At the time the development order or permit is issued, the necessary facilities and <br />services are guaranteed in an enforceable development agreement, pursuant to Section <br />1.63.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, <br />F.S., to be in place and available to serve new development at the time of the issuance <br />of a certificate of occupancy or its functional equivalent. [Section 163.3180(2)(a), F.S.] <br />➢ For parks and recreation facilities: <br />1. At the time the development order or permit is issued, the necessary facilities and <br />services are in place or under actual construction; or <br />2. A development order or permit is issued subject to the condition that, at the time of the <br />issuance of a certificate of occupancy or its functional equivalent, the acreage for the <br />necessary facilities and services to serve the new development is dedicated or acquired <br />by the local government, or funds in the amount of the developer's fair share are <br />committed; and <br />a. A development order or permit is issued subject to a condition that the <br />necessary facilities and services needed to serve the new development are <br />in place or under actual construction not more than one year after issuance of a <br />certificate of occupancy or its functional equivalent; or <br />b. At the time the development order or permit is issued, the necessary facilities <br />and services are the subject of a binding executed agreement which requires the <br />necessary facilities and services to serve the new development to be in place or <br />under actual construction not more than one year after issuance of a certificate <br />of occupancy or its functional equivalent; or <br />c. At the time the development order or permit is issued, the necessary facilities <br />and services are guaranteed in an enforceable development agreement, pursuant <br />to Section 163.3220, F.S., or an agreement or development order issued <br />pursuant to Chapter 380, F.S., to be in place or under actual construction not <br />more than one year after issuance of a certificate of occupancy or its functional <br />equivalent. [Section 163.3180(2)(b), F.S.] <br />➢ Transportation supply (capacity). Transportation supply shall be determined on a segment by <br />segment basis. For concurrency purposes, all segments on the county's thoroughfare plan shall <br />be considered. Capacity for segments will be based either on FDOT's generalized capacity <br />Community Development Department Indian River County <br />45 <br />