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ORDINANCE 2007-038 Comprehensive Plan Capital Improvements Element 3. 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. Regulation No development order shall be issued for any project where the project's demand in conjunction with existing demand and committed demand will exceed the capacity of a facility at the service level established in this plan. Level -of -service analysis will be undertaken during the review of each project for which development order approval is required. Monitoring System To effectively implement the concurrency requirement, it is necessary to maintain an estimate of available capacity for each public facility subject to level -of -service requirements. By maintaining an accurate and current available capacity estimate for each facility, projected demand from development applications can be compared to the available capacity for the facility to determine if the project can be approved. The purpose of the monitoring program is to maintain a current estimate of available capacity for each facility, with the exception. of public schools, tThe monitoring system portion of the concurrency management plan is maintained by the county's planning division. Effective July I, 2008 the School District will initiate and maintain the monitoring system portion of the concurrencygement plan for public Community Development Department Indian River County 50