§ 33G-5. Procedures.
(1)
As provided herein, no development order shall be issued where levels of service (LOS) for all public services and facilities will not meet or exceed LOS standards or where the issuance of the development order would result in a reduction in the level of service for any service or facility below LOS standards except under the following conditions:
(a)
A proposed development will not be denied a concurrency approval for transportation facilities provided that the development is otherwise consistent with the adopted Comprehensive Development Master Plan and it meets one of the criteria listed below:
1.
The proposed development is located within the Urban Infill Area; or
2.
The proposed development is located in an existing Urban Service Area within the Urban Development Boundary and is located in a Community Development Target Area or Redevelopment Area established pursuant to the Housing and Community Development Act of 1974, as amended, implemented by 24 CFR Part 570; or Chapter 163, Part 3, F.S.; or in an Enterprise Zone established pursuant to Chapter 290, F.S.; or in an Empowerment Zone established pursuant to Federal law; or
3.
The proposed development is one which poses only special part-time demands on the transportation system and is located in an existing Urban Service Area inside the Urban Development Boundary; or
4.
The proposed development is located inside the Urban Development Boundary, and incorporates within the development a Metrorail, Metromover or TriRail Station, or a Metrobus terminal, as mapped in the Comprehensive Development Master Plan Mass Transit Element, for multiple Metrobus routes; or
5.
The proposed development is an office or residential development located in an existing Urban Service Area within the Urban Development Boundary and is located within one-quarter mile of a Metrorail, Metromover or TriRail station, or a Metrobus terminal, as mapped in the Comprehensive Development Master Plan Mass Transit Element, for multiple Metrobus routes; or
6.
The proposed development is located in an existing urban service area within the Urban Development Boundary which is determined to have a de minimis impact.
(b)
Where a project satisfies the criteria in subsection (a) above and causes a two (2) percent or greater impact on the capacity of any Florida Intrastate Highway System roadway which is presently operating or will, as a result of the project, operate at a level of service standard below the adopted level of service standard; then, the County shall require the developer and successors to implement and maintain trip reduction measures to reduce travel by single-occupant vehicles so that the resultant increase in traffic volume does not exceed two (2) percent of the capacity on a Florida Intrastate Highway System roadway.
(2)
When evaluating applications for development orders and impacts on levels of service and in preparing concurrency statements, concurrency review agencies shall utilize and apply the methods and criteria, and shall collect fees, all as established by implementing order approved by the Board of County Commissioners and by the Interlocal Agreement for Public Schools Facility Planning between Miami-Dade County and the School Board of Miami-Dade County, adopted pursuant to Miami-Dade County Resolution No. R-423-09, as may be amended. No development order shall be granted by any County board, department or agency until the Board, department or agency has received information reflecting one or more of the items listed below, as applicable. The County department having primary responsibility to serve as administrative agency to a board granting development orders shall summarize and convey this information in its recommendations to the Board.
(a)
A completed concurrency statement or other notice of approval from all concurrency review agencies addressing the subject application.
(b)
Where the type of services or facilities for which a concurrency review agency is responsible are not impacted by a particular type of initial, intermediate, or final development order, or certificate of use (CU), the concurrency review agency may file a statement of no impact with the applicable permitting department, agency or board specifying the particular types of development order or CU requests which do not impact the specified service or facilities and for which individual concurrency statements shall not be required.
(c)
The applicable concurrency review agencies, in consultation with the concurrency information center, may designate geographic areas of the County where certain services or facilities have sufficient surplus capacity to sustain projected development of specified types for one to five or more years, as applicable to the service. In areas so designated as having surplus capacity, DOs or CUs for the specified types of development may be issued without requiring individual concurrency statements for the specified services. All surplus capacity designations shall be reviewed no less frequently than annually.
(3)
All applications for development orders shall specify, in addition to other requirements, the specific uses to which the land or structures will be put, the numbers of single-family and multifamily residential dwelling units, and the number of square feet devoted to each nonresidential use. Applications for intermediate and final development orders shall also specify the phasing of buildout, if applicable, and any service impact mitigation measures to which the applicant agrees to subsequently commit in a recordable written instrument running with the land.
(4)
Complete applications for initial development orders requiring public hearing shall be transmitted to all applicable concurrency review agencies within twenty-one (21) calendar days of receipt of said complete application, and concurrency review agencies shall replay by transmitting their concurrency statements to the agency receiving the application (application agency) within twenty-one (21) calendar days after receipt of the applications. Applications for initial development orders not requiring a public hearing shall be forwarded to all applicable concurrency review agencies within fourteen (14) calendar days after the application is verified by the application agency to be complete, and each concurrency review agency shall transmit its concurrency statement within fourteen (14) calendar days after receipt of the application. An application requesting an intermediate or final development order shall be forwarded to all applicable concurrency review agencies within fourteen (14) calendar days after the application is verified by the application agency to be complete. Each concurrency review agency shall reply to the sending agency by transmitting its concurrency statement within fourteen (14) calendar days after the receipt of the application. If a concurrency review agency is required by other Code requirements to provide comments, recommendations or approvals to the application agency, the foregoing response dates may be modified to coincide with the response date otherwise required. Where more than one (1) development order is applied for simultaneously for a development, a concurrency review agency may conduct a single concurrency statement. Combined statements shall contain all information required prior to issuance of the requested intermediate or final development order, whichever occurs latest in the development approval process, and shall be transmitted within the foregoing time periods.
(5)
All concurrency evaluations shall reflect currently available information or computations concerning the impacts on public services and facilities of existing development, and of development previously authorized by intermediate and final development orders which remain in effect, and of the development for which a development order or certificate of use is being requested.
(6)
No development order shall be issued by any County board, agency or department unless the following conditions are met:
(a)
Initial development orders:
1.
Unless otherwise provided by this chapter, initial development orders may be approved only if all services and facilities (roadways (traffic circulation), mass transit, potable water supply, sanitary sewer, local recreation open space, solid waste disposal, and flood protection), except for public schools (which are subject only to a non-binding, planning level review at this stage), meet or exceed LOS standards and the development authorized by issuance of the initial development order must not result in a reduction of any LOS below LOS standards; or the facilities necessary to accommodate the impacts of the proposed development at or above the applicable standards as established in the CDMP are:
a.
Programmed in the five-year schedule of improvements in the Capital Improvement Element or Transportation Improvement Program; or
b.
In the anticipated projects list in the Capital Improvement Element; or
c.
In the adopted five-year program or long-range facility plan of the applicable other service provider; or
d.
For roadways, satisfied through proportionate share mitigation as provided in section 163.3180, Florida Statutes.
e.
Consistent with respect to the CDMP.
2.
Notice is given to the applicant in the initial development order that the order does not constitute a final development order and that one (1) or more concurrency determinations will subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of an intermediate or final development order. Provisional determinations or listing of needed facilities made in association with decisions to approve or deny initial development orders shall not be binding with regard to decisions to approve or deny intermediate or final development orders in accordance with the requirements set forth in Section 33G-5(6)(b) and 33G-5(6)(c).
(b)
Intermediate development orders:
1.
Unless otherwise provided by this chapter, intermediate development orders may be approved only if all services and facilities (roadways (traffic circulation), mass transit, potable water supply, sanitary sewer, local recreation open space, solid waste disposal, public schools, and flood protection) meet or exceed LOS standards and the development authorized by issuance of the intermediate development order must not result in a reduction of any LOS below LOS standards; or the facilities necessary to accommodate the impacts of the proposed development at or above the applicable standards as established in the CDMP are:
a.
Programmed in the five-year schedule of improvements in the Capital Improvement Element or Transportation Improvement Program or in the first three years of the Miami-Dade County Public Schools District Facilities Work Program; or
b.
Consistent with the CDMP and contained in the adopted five-year capital improvements program of the applicable other service provider; or
c.
Consistent with the CDMP and the applicant agrees in a recordable written instrument that no final development order will be requested unless the necessary facilities are programmed or contracted within the time frames specified in Section 33G-5(6)(c); or
d.
For roadways, satisfied through proportionate share mitigation as provided in Section 163.3180, Florida Statutes; or
e.
For public schools, satisfied through proportionate share mitigation as provided in the Interlocal Agreement for Public Schools Facility Planning, adopted pursuant to Miami-Dade County Resolution No. R-423-09, as may be amended.
2.
The intermediate development orders, except for commercial quarry permits and permits for rock plowing or wetland permitting for agricultural uses not involving structures, shall include a notice to the applicant that the subject approval does not constitute a final development order and that one (1) or more subsequent concurrency determinations will be required. Such notice shall include conditions that ensure the availability of adequate infrastructure to serve the proposed development as required in Section 33G-5(6)(c). Such conditions shall be binding, and no final development order shall be approved until these conditions have been met or modified by the County board, agency, or department which established same so long as said modification does not result in lowering the LOS below the LOS standard. Intermediate development orders shall also include a listing of any service impact mitigation measures which the applicant agree to provide or utilize and which shall also become a condition of the final development orders.
3.
A concurrency statement issued in association with the intermediate development order and based upon conditions enumerated in the development order pursuant to Section 33G-5(6)(b)2., requires reservation of that portion of the available capacity necessary to accommodate the impact of the development until the final plat is approved or for twelve (12) months from the date of the earliest tentative plat approval, whichever occurs first, provided that the tentative plat remains valid. Where any tentative plat approved after December 31, 1998, includes one or more lakes required to be excavated in conformity with the requirements of either the North Trail Basin Fill Encroachment and Water Management Criteria or the Bird Drive Everglades Basin Fill Encroachment and Water Management Criteria the reservation of that portion of the available capacity necessary to accommodate the impact of the development may be extended for an additional six (6) months from the date of the earliest tentative plat approval, provided that application for such extension is made prior to the expiration of the first twelve months and provided further that the tentative plat remains valid thereafter. Notwithstanding any other provision of this section, the actual period of lake excavation shall not exceed twelve (12) months. Such statement may also serve as the concurrency statement required for issuance of final development orders for the subject development provided that: (a) all the conditions for ensuring the availability of adequate infrastructure to serve the proposed development as required in Section 33G-5(6)(c) and as specified in the intermediate development order are satisfied at the time the intermediate development order is issued; (b) the tentative plat has remained valid; (c) the development proposal for which the final development order is requested remains substantially unchanged; and (d) the application for the final development order is approved within twelve (12) months of the date of the original tentative plat approval or within eighteen (18) months of the date of the original tentative plat approval of any tentative plat approved after December 31, 1998, which includes one or more lakes to be excavated in conformity with the requirements of either the North Trail Basin Fill Encroachment and Water Management Criteria or the Bird Drive Everglades Basin Fill Encroachment and Water Management Basin Criteria. Notwithstanding other provisions of this chapter, if the foregoing provisions of this paragraph have been met, a final development order will be issued, without any further concurrency review. Upon such issuance, the two-year period specified in Section 33G-5(6)(c)4. shall commence as of the date of the approval of the final plat by the Board of County Commissioners.
4.
An application to modify a valid tentative plat that has been approved pursuant to Section 33G-5(6)(b)1. or an application to replat a final plat that has been approved pursuant to Section 33G-5(6)(b)3. shall be approved for concurency where one or more services are operating below the LOS standards provided that the application is made within the respective one- or two-year reservation period as established in Section 33G-5(6)(b)3. and 33G-5(6)(c)4. and that the applicable concurrency review agency states in writing that the proposed impact on the substandard service will be no greater than that of the impact of the existing valid development order. The respective capacity reservation period will not be changed by approval of such modification and will continue to be determined by the approval date of the original development order.
(c)
Final development orders:
1.
Unless otherwise provided by this chapter, final development orders may be approved only if all services and facilities (roadways (traffic circulation), mass transit, potable water supply, sanitary sewer, local recreation open space, solid waste disposal, public schools, and flood protection) meet or exceed LOS standards and the development authorized by issuance of the final development order must not result in a reduction of any LOS below LOS standards; or if the subject development is located inside the Urban Development Boundary and:
a.
For water, sewer, solid waste and flood protection, the facilities necessary to accommodate the impact of the proposed development at or above the applicable standards as established in the CDMP are:
(1)
Under construction at the time of issuance of the final development order; or
(2)
The subject of a binding executed contract for the construction of facilities or the provision of services at the time of issuance of the final development order; or
(3)
The subject of an enforceable development agreement with the applicant to construct the necessary facilities or provide the necessary services; or
(4)
Guaranteed by some other means with assurance of the timely provision of the necessary services or facilities.
b.
For roadways, mass transit, and public schools the facilities necessary to accommodate the impacts of the proposed development at or above the applicable standards as established in the CDMP are:
(1)
Under construction at the time of issuance of the final development order; or
(2)
The subject of a binding executed contract to construct facilities or the provision of services at the time of issuance of the final development order; or
(3)
Funded and programmed no later than Year 3 of the County Capital Budget for the construction of roadway and transit facilities or to acquire transit vehicles within the Urban Development Boundary, and no later than the date of issuance of a certificate of use and occupancy if the development is located outside the Urban Development Boundary; or
(4)
Located inside the Urban Infill Area and programmed in the Capital Improvement Element or Transportation Improvement Program for construction in or before year 3; or
(5)
Programmed for the construction or provision of service in or before year 3 of the Five-year Capital Facility Plan or work program of the agency having operational responsibility for transit, transportation or public schools; or
(6)
The subject of an enforceable development agreement with the applicant for the provision of facilities or services; or
(7)
Guaranteed by some other means with assurance of the timely provision of the necessary services or facilities; or
(8)
For mass transit or roadways, must be contracted for construction no later than 36 months after issuance of a certificate of occupancy if the development is located within the Urban Development Boundary, and no later than the date of issuance of a certificate of occupancy if the development is located outside the Urban Development Boundary; or
(9)
For roads, satisfied through proportionate share mitigation as provided in Section 163.3180, Florida Statutes; or
(10)
For public schools, satisfied through proportionate share mitigation as provided in the Interlocal Agreement for Public Schools Facility Planning, adopted pursuant to Miami-Dade County Resolution No. R-423-09, as may be amended.
c.
For local recreation open space, the facilities necessary to accommodate the impacts of the proposed development at or above the applicable standards as established in the CDMP are:
(1)
Under construction at the time of issuance of the final development order; or
(2)
The subject of a binding executed contract for facilities or the provision of services at the time of issuance of the final development order; or
(3)
Funded and programmed in Year-1 of the County Capital Budget for the acquisition of parkland and the subject development is located within the UDB; or
(4)
The subject of an enforceable development agreement with the applicant for the provision of facilities or services; or
(5)
Guaranteed by some other means with assurance of the timely provision of the necessary services or facilities.
(6)
The necessary parkland must be acquired no later than 12 months after issuance of a certificate of occupancy if the development is located within the Urban Development Boundary.
2.
Assurance that the facility or facilities will be constructed or acquired and available within the timeframes established by Section 33G-5(6)(c)1.(a., b., and c.) shall be provided by the following:
a.
The necessary facilities are funded and programmed in the County's adopted capital budget or are programmed in the Capital Improvement Element or work program of the agency responsible for the service or facility for construction or acquisition. The necessary facilities shall not be deferred or deleted from the Capital Improvement Element work program or adopted one-year capital budget unless the dependent building permit expires or is rescinded prior to the issuance of a certificate of occupancy. The County and agency will diligently strive to enter into construction contracts for necessary facilities within said time but shall retain the right to reject unsatisfactory bids. Contracts shall provide that construction of the necessary facilities must proceed to completion with no unreasonable delay or interruption.
b.
In all instances where required park land is not dedicated or acquired prior to issuance of a certificate of occupancy, funds in the amount of the developer's fair share shall be committed to the acquisition of the required park land prior to the issuance of a certificate of occupancy unless the developer has entered into a binding agreement to dedicate an improved park site within the time frame as established in Section 33G-5(6)(c)1.c.6. Where solid waste disposal facilities to be available for years three through five, pursuant to the adopted level of service standard, are not in place and available prior to the issuance of a certificate of occupancy, a commitment for that capacity to be in place and available to accommodate projected demand in those future years shall be made through the means provided in Section 33G-5(6)(c)1.a.(1., 2., 3., or 4.) prior to issuance of a certificate of occupancy.
3.
A proposed development that is located within the Urban Development Boundary may receive an extension of the thirty-six (36) month limitation established in Section 33G-5(6)(c)1.b.(8), and receive transportation concurrency approval on this basis, when all the following factors are shown to exist:
a.
The Comprehensive Development Master Plan is in compliance with State law;
b.
The proposed development would be consistent with the future land use designation for the specific property and with pertinent portions of the Comprehensive Development Master Plan, as determined by the County;
c.
The Capital Improvement Element provides for transportation facilities adequate to serve the proposed development and the project;
d.
The landowner shall be assessed a fair share of the cost of providing the transportation facilities necessary to serve the proposed development; and
e.
The landowner has made a binding commitment to the County to pay the fair share of the cost of providing the transportation facilities to serve the proposed development.
4.
All final development orders shall include, if applicable, a schedule of construction phasing, a listing and schedule of any services or facilities to be provided or contracted for construction by the applicant prior to the issuance of certificates of occupancy or within specified time periods after the issuance of certificates of occupancy as may be required by Section 33G-5(6)(c), and any service impact mitigation measures to which the applicant has committed; and shall require that the applicant or his successor shall comply with the requirements of the final development order.
5.
A final plat, waiver of plat, or site plan approved in accordance with Section 33G-5(6)(c)1. shall require reservation of adequate capacity for two (2) years from the date of such final development order approval, during which time any related application for building permit shall be approved.
6.
A site plan recommendation by the Executive Council of the Developmental Impact Committee for a new or expansion of a public educational facility shall require reservation of adequate capacity for three (3) years from the date of such site plan recommendation (Final Development Order).
7.
A building permit approved in accordance with Section 33G-5(6)(b)3., or Section 33G-5(6)(c)1. shall require reservation of capacity adequate to accommodate the impact of such development for as long as the building permit remains valid.
8.
Services or facilities to be provided or contracted for by the applicant and/or service impact mitigation measures to which the applicant has committed as a condition of receiving a final development order shall be recorded in the public record of Miami-Dade County at the expense of the applicant by declaration of restrictions executed by all parties having an interest in, or lien on the land, and running with the land.
9.
Applications requesting modification, alteration, demolition or repair of a lawfully existing structure shall not be subject to paragraph 33G-5(6)(c)1., where one or more services are operating below LOS standards, provided that the applicable concurrency review agency states in writing that the impact on the substandard service imposed by the use to be accommodated by the requested modification or alteration will be no greater than the impact posed by (a) the lawful existing use accommodated by said structure on July 21, 1989, or (b) if the use on the property has changed since that date, by the lawful use accommodated by the structure existing upon the date of application and therefore will not result in a reduction in the level of service. The requirements of paragraph 33G-5(6)(c)1. shall apply to a change of use of an existing lawful structure, parcel or portion thereof, where the applicable concurrency review agency states in writing that the new requested use poses a greater impact on the service and facility. The review shall be conducted to determine the additional capacity required to accommodate said use.
10.
Issuance of new certificates of use for uses of parcels or structures, or portions thereof, which were not previously reviewed under provisions of this chapter are defined as final development orders and must be evaluated pursuant to the provisions of Section 33G-5(6)(c). It is provided, however, that the requirements of paragraph 33G-5(6)(c)1. shall not apply to a change of use of an existing lawful structure or parcel or portion thereof if the applicable concurrency review agency states in writing that the impact on the substandard service imposed by the new requested use will be no greater than the impact posed by the most recent previous lawful use of the subject parcel or structure or pertinent portion thereof and, therefore, will not result in a reduction in the level of service. The requirements of paragraph 33G-5(6)(c)1. shall apply to a change of use of an existing lawful structure, parcel or portion thereof, where the applicable concurrency review agency states in writing that the new requested use poses a greater impact on the service and facility. The review shall be conducted to determine the additional capacity required to accommodate said use.
11.
Prior to the issuance of any final development order, the applicant shall furnish adequate bond of one hundred ten (110) percent of cost of services or facilities which he is required to construct, contract for construction, or otherwise provide. Said bond shall be retained by the County until the pertinent facilities or services are accepted by the County or otherwise certified by the County to have been completed in accordance with this chapter and any other applicable County requirements.
(d)
Certificates of use and certificates of occupancy.
1.
Certificates of use or certificates of occupancy may be issued without requirement for additional concurrency statements by concurrency review agencies where the applicant for the certificates of use or certificates of occupancy holds a valid final development order for the identical use of the subject structure or site or pertinent portion thereof, which final development order contains no conditions requiring the applicant to provide or contract for the construction of necessary services or facilities, and the final development order contains no obligation for the applicant to provide or commit to utilize service impact mitigation measures.
2.
Where the final development order contains requirements for the applicant to provide or to contract for the provision of services or facilities, or to provide or commit to utilize service impact mitigation measures, no certificate of use or certificate of occupancy shall be issued until it is certified by the concurrency review agency responsible for the affected service or facility that the required facility, service, or service impact mitigation measure has been provided or contracted for provision. No additional concurrency statements are required prior to issuance of certificates of use or certificates of occupancy in these instances.
(e)
Additional provisions relating to public school concurrency.
1.
Notwithstanding any other provision to the contrary, the following types of developments shall be exempt from the requirements of public school concurrency:
a.
Developments that result in a total impact of less than one student in any level or type of school; and
b.
Developments with covenants restricting occupancy to exclude school age children (e.g., 55 years of age and over).
2.
The following types of developments shall be considered vested from the requirements of public school concurrency:
a.
Developments with a valid final plat or functional equivalent, as of June 19, 2009;
b.
Developments that have executed and recorded covenants or have provided monetary mitigation payments, as of June 19, 2009, under the School Board's voluntary mitigation procedures in effect at that time; and
c.
Any Development of Regional Impact for which a development order was issued pursuant to Chapter 380, Florida Statutes, prior to July 1, 2005, or for which an application was submitted prior to May 1, 2005.
3.
Developments of Regional Impact shall receive a concurrency reservation for public schools at the time of intermediate development order review by the County, in accordance with the Interlocal Agreement for Public Schools Facility Planning, adopted by Miami-Dade County, adopted under Resolution R-423-09, as may be amended.
4.
Delegation of authority. Subject to the approval of the County Attorney as to form and legal sufficiency, the Mayor or Mayor's designee is hereby delegated the authority to enter into proportionate share mitigation agreements in accordance with the Interlocal Agreement for Public Facility Planning, adopted under Resolution R-423-09, as may be amended.
(Ord. No. 89-66, § 1, 7-11-89; Ord. No. 91-24, § 1, 2-19-91; Ord. No. 91-60, § 1, 5-21-91; Ord. No. 92-47, § 1, 6-2-92; Ord. No. 94-80, § 1, 5-5-94; Ord. No. 95-90, § 1, 5-18-95; Ord. No. 00-48, § 1, 4-11-00; Ord. No. 17-43, § 8, 7-6-17)