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Comprehensive Plan Capital Improvements Element <br />both existing, in -the -ground facilities as well as facility expansions or new facilities which are <br />programmed but not yet existing. <br />According to Chapter 9J-5.0055(3), Minimum Requirements For Concurrency, Florida <br />Administrative Code, the capacity of existing, in -the -ground facilities will be considered in all cases. <br />Programmed facilities will be considered in assessing capacity for each public facility category when <br />the following conditions are met: <br />➢ For sanitary sewer, potable water, solid waste and drainage facilities: <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 facilities <br />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 services <br />are guaranteed in an enforceable development agreement, pursuant to Section 163.3220, <br />F.S., or an agreement or development order issued pursuant to Chapter 380, F.S., to be in <br />place and available to serve new development at the time of the issuance of a certificate of <br />occupancy or its functional equivalent. [Section 163.3180(2)(a), F.S.] <br />➢ For parks and recreation facilities: <br />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 by <br />the local government, or funds in the amount of the developer's fair share are committed; <br />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 />Community Development Department <br />Adopted November 2, 2010, Ordinance 2010-024 <br />Indian River County <br />47 <br />