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A' r� <br />BQOK L U, PACE <br />ORDINANCE NO. 97- 21 <br />or potable water facility. The resulting balance (supply demand) will <br />constitute the available capacity for each facility. No concurrency <br />determination certificate will be issued when the available capacity is less <br />than demand projected to be generated by a proposed application. <br />For purposes of evaluating concurrency determination applications, the <br />supply (capacity of a facility) shall be determined by adding together: <br />1. The total existing opacity of the facility: <br />a. Design opacity of the sanitary sewer treatment plant <br />measured by gallons per day for sanitary sewer facilities; <br />b. Design opacity of the potable water plant measured by <br />gallons per day for potable water facilities; and <br />2. The total opacity of proposed improvements to the facility or the <br />total opacity of proposed facilities, if any, that will become <br />available within the service area., Thecapgc�iEy t}fpmposed <br />#,rp if one or more of the following is <br />demonstrated: <br />a. Construction of the new facilities is underway at the time <br />the application for the concurrency determination is being <br />evaluated; <br />b. The new facilities are the subject of a binding executed <br />contract for the construction of the facilities or the provision <br />of services at the time the application for concurrency <br />determination is being evaluated; <br />C. The new facilities have been included in the adopted Indian <br />River County Capital Budget for the fiscal year in effect at <br />the time the application for the concurrency determination is <br />being evaluated; <br />d. The new facilities are guaranteed in an enforceable <br />development agreement for the development under <br />consideration. An enforceable development agreement may <br />include, but is not limited to, development agreements <br />pursuant to Section 163.3220 et seq., Florida Statutes. <br />Such facilities shall be consistent with the Capital <br />Improvements Element of the Indian River County <br />Comprehensive Plan, as it may be amended from time to <br />time; <br />e. The new facilities are guaranteed in an enforceable <br />development agreement for a development different than the <br />one under consideration, provided that the new facilities are <br />the subject of a binding executed contract for construction <br />with a start date during the fiscal year in effect at the time <br />the application for the concurrency determination is being <br />evaluated,Lor <br />f. A development order or permit is issued subject to the <br />condition that the necessary facilities and services will be in <br />place and available at the time of the issuance of a <br />Certificate of Occupancy., <br />B. <br />LDR Section 910.09(2)(a) is hereby amended to read as follows: <br />(a) Solid waste available capacity. Due to the fact that there is only one <br />landfill which serves the entire county, monitoring of the available facility <br />capacity for solid waste is less complicated than other components of the <br />concurrency management systems. Based on projected demands and <br />landfill opacity_ tThe entire county has been pre -approved until October 1. <br />2002 *iImo, tnt(ess:.conditions.change'based :onthe:repmu <br />rec}utred3 s�tion 9t?fh) 4 anti 5>ofthis:reguiation or:the <br />y*Outamctorncdves a.leiter from the solid: waste <br />disp l ctreque g reviewafthe..project. -To:: rthe:sdlid:.waste <br />JULY 15, 1997 <br />