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2008-002
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2008-002
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Last modified
1/2/2019 2:15:13 PM
Creation date
9/30/2015 4:16:51 PM
Metadata
Fields
Template:
Ordinances
Ordinance Number
2008-002
Adopted Date
01/08/2008
Agenda Item Number
9.A.3.
Ordinance Type
Land Development Regulations
State Filed Date
01\17\2008
Entity Name
Proportionate Share of Major Roadway Improvements
Code Number
Chapter 910
Subject
Concurrency Management System
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
3683
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2008- 002 <br />Hermit, vesting shall not be allowed unless there is a valid approved preliminary plat for the <br />project and shall not occur until submittal of a complete land development permit application <br />(including full engineering plans) - - <br />• . . . . :, . • <br />. ., <br />:. . <br />• • ..:• <br />. ... <br />2Upon issuance of a building permit, the final concurrency certificate shall remain valid for as long <br />as the building permit is valid. <br />(b) No concurrency certificate shall be issued unless there is sufficient capacity available <br />to maintain adopted levels of service as provided in section 910.09. <br />(c) Prior to issuance of a development order, the community development director or his <br />designee shall make a determination that concurrency requirements are satisfied for the <br />type of development order under review. <br />(d) Whenever a proportionate fair share agreement consistent with Section 910.12 is <br />executed and other concurrency requirements specified in the agreement or in Section <br />910.12 are satisfied, the development project which is the subject of the proportionate <br />fair share agreement shall be vested with a seven (7) year initial concurrency <br />certificate regardless of the development order stage of the project. <br />(e) Whenever a non -proportionate fair share developer's agreement is executed by an <br />applicant and that developer s agreement commits the applicant to construct major <br />capacity producing transportation improvements, the applicant's project may be vested <br />for concurrency with a seven (7) year initial concurrency certificate if the Board of <br />County Commissioners finds that <br />1. the applicant's proposed improvements will provide significant benefits to the <br />transportation system, and <br />2. all other concurrency requirements, including payment of all applicable impact <br />fees and capacity charges as well as demonstration of available capacity on all <br />impacted links and in all applicable concurrency facilities, are met. <br />For purposes of this provision, a "major capacity producing transportation improvement' is <br />a project which adds travel lanes to an existing roadway or a corridor and expands the <br />capacity of the roadway or corridor by at least 25% (twenty-five percent). <br />(1) Determinations of exemption from concurrency review shall be made by the <br />community development director or his designee. Exemptions may be based on vested <br />rights determinations, application of de minims criteria, or determinations that there <br />will be no increase in density or intensity. Appeals of determinations shall follow the <br />procedures of section 910.05. <br />(2) The following are exempted from concurrency review: <br />(a) Projects which have a vested rights determination pursuant to section 910.03; <br />Bold Underline: Additions to Ordinance 2 <br />Striarrike thfe Deleted Text from Existing Ordinance <br />F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF <br />
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