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determinations, the capacity of each drainage basin or <br />sub -basin will constitute drainage supply. The capacity <br />of each basin or sub -basin will be determined by analysis <br />of the basin's drainage facilities including structures, <br />open channels and swales, which serve the basin. The <br />basin's capacity will be expressed as a maximum discharge <br />rate per acre throughout the basin or sub -basin. For <br />each basin or sub -basin, the capacity shall be: <br />1. The maximum discharge rate per acre throughout the <br />basin or sub -basin; or <br />2. The new maximum discharge rate per acre throughout <br />the basin or sub -basin, if new drainage facilities <br />or drainage facility improvements are proposed <br />within the basin or sub -basin. Proposed new <br />drainage facilities or drainage facility <br />improvements shall be considered in determining a <br />new maximum discharge rate only if one or more of <br />the following is demonstrated: <br />a. construction of the new facilities is underway <br />at the time the application for the concurrency <br />determination is being evaluated; <br />b. the new facilities are the subject of a binding <br />executed contract for the construction of the <br />facilities or the provision or services at the <br />time the application for the concurrency <br />determination is being evaluated; <br />c. the new facilities have been included in the <br />adopted Indian River County Capital Budget for <br />the fiscal year in effect at the time the <br />application for the concurrency determination <br />is being evaluated; <br />d. the new facilities are guaranteed in an <br />enforceable development agreement for the <br />concurrency determination application under <br />consideration. An enforceable development <br />agreement may include, but is not limited to, <br />development agreements pursuant to Section <br />163.3220 et seq., Florida Statutes. Such <br />facilities shall be consistent with the Capital <br />Improvements Element of the Indian River County <br />Comprehensive Plan, as it may be amended from <br />time to time; or <br />e. the new facilities are guaranteed in an <br />enforceable development agreement for a <br />development different than the one under <br />consideration, provided that the new facilities <br />are the subject of a binding executed contract <br />for the construction of the facilities with a <br />