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1990-16
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1990-16
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Last modified
1/7/2021 10:58:00 AM
Creation date
10/5/2015 9:10:10 AM
Metadata
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Template:
Ordinances
Ordinance Number
90-16
Adopted Date
09/11/1990
Ordinance Type
LDR Title IX
State Filed Date
09\11\1990
Entity Name
Title IX Land Development Regulations
Subject
Land Development Regulations
Supplemental fields
SmeadsoftID
10115
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In addition to introducing the general concept of concurrency, <br />the Act compels local governments to comply with specific <br />requirements related to concurrency. The Act (Section <br />163.3202 (2)(g), Florida Statutes) prohibits local governments <br />from issuing "a development order or permit which results in <br />a reduction in the service for the affected public facilities <br />below the level of service provided in the Comprehensive Plan <br />of the local government". This section of the Act further <br />requires that this prohibition be implemented through local <br />land development regulations to be adopted no later than one <br />year after the date the local government was required to <br />submit its plan to the Florida Department of Community Affairs <br />for review. The plan submittal date for Indian River County <br />was September 1, 1989. The Act (Section 163.3177(3)(b), <br />Florida Statutes) also requires that the capital improvements <br />element of the Comprehensive Plan "shall be reviewed on an <br />annual basis and modified as necessary". <br />(3) Intent <br />The purpose of a Concurrency Management System is to provide <br />the necessary regulatory mechanism for evaluating development <br />orders to ensure that adequate public facilities are available <br />concurrent with development impacts, thereby fulfilling the <br />Legislature's intent regarding "concurrency". An additional <br />component of a Concurrency Management System is the <br />establishment of a framework for determining public facility <br />needs and providing a basis for meeting those needs through <br />capital improvements programming. <br />Through adoption of the Indian River County Comprehensive <br />Plan, the Board of County Commissioners exercised its <br />legislative authority by establishing acceptable level of <br />service standards for roads, potable water, sanitary sewer, <br />solid waste, drainage, and parks. <br />The Capital Improvements Program in the Capital Improvements <br />Element of the Comprehensive Plan identifies the schedule of <br />capital projects and funding mechanisms necessary to maintain <br />adequate public facilities at or above the adopted standards. <br />Additional policies and requirements for establishing an <br />effective framework for managing and directing development in <br />a manner consistent with the Florida Legislature's concept of <br />concurrency are contained in the Land Use, Traffic <br />Circulation, and Recreation and Open Space Elements of the <br />Comprehensive Plan. <br />The approval of all development orders shall be subject to the <br />availability of adequate levels of service for roads, potable <br />water, sanitary sewer, solid waste, drainage, and parks, based <br />on the level of service standards contained in the Capital <br />Improvements Element. <br />111 <br />
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