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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 />As part of the concurrency review process, the capacity of existing, in -the -ground facilities will be <br />considered in all cases. Programmed facilities will be considered in assessing capacity for each public <br />facility category when 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, to be in place and available to <br />serve new development at the time of the issuance of a certificate of occupancy or its <br />functional equivalent. <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 />c. At the time the development order or permit is issued, the necessary facilities <br />Community Development Department <br />Adopted November _, 2011, Ordinance 2011-_ <br />Indian River County <br />46 <br />