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Comprehensive Plan Capital Improvements Element <br />included in policy 5.11 of this element and within Appendix B of this <br />element). <br />ii. A provision that a plan amendment is required to eliminate, defer, or <br />delay construction of any road or mass transit facility or service which <br />is needed to maintain the adopted level of service standard and which is <br />listed in the five-year schedule of capital improvements (for Indian <br />River County, this is included in Policy 1.2 of this Element); or <br />3. At the time a development order or permit is issued, the facility is the subject of a <br />binding executed agreement which requires the facility to be in place or under actual <br />construction no more than three years after the issuance of the project's first building <br />permit or its functional equivalent; or <br />4. At the time a development order or permit is issued, the facility is guaranteed in an <br />enforceable development agreement, pursuant to Section 163.3220, F.S., or an <br />agreement or development order issued pursuant to Chapter 380, F.S., to be in place or <br />under actual construction not more than three years after issuance of a building permit <br />or its functional equivalent. [Section 163.3180(2)(c), F.S.) <br />The segment's new roadway capacity if facility expansion for the segment is the <br />subject of a proportionate fair -share agreement. In such case, the segment capacity <br />increase reflected in the proportionate fair share agreement shall be available only to <br />the party or parties to the proportionate fair share agreement. <br />➢ For school facilities: <br />A residential development order or permit shall be issued only if the needed capacity <br />for the particular service area is available in one or more contiguous service areas as <br />defined in Section 163.3180(13)(c), F.S. <br />Regulation <br />No development order shall be issued for any project where the project's demand in conjunction with <br />existing demand and committed demand will exceed the capacity of a facility at the service level <br />established in this plan. Level -of -service analysis will be undertaken during the review of each <br />project for which development order approval is required. <br />Community Development Department Indian River County <br />Supplement #_; Adopted November _, 2009, Ordinance 2009-_ <br />49 <br />