§ 114-2. Adequate Facilities and Review Procedures.

Latest version.

(a)

Level of Service Standards (LOS). All development shall be served by adequate public facilities in accordance with the following standards:

(1)

Transportation/Roadways.

U.S. 1 shall have sufficient available capacity to operate at LOS C for the overall arterial length and the 24 roadway segments of U.S. 1, as measured by the U.S. 1 Level of Service Task Force Methodology, at all intersections and roadway segments. In addition, all segments of U.S. 1, as identified in the U.S. 1 Level of Service Task Force Methodology, which would be impacted by a proposed development's access to U.S. 1, shall have sufficient available capacity to operate at LOS C.

Development may be approved, provided that the development in combination with all other permitted development will not decrease travel speed by more than five percent (5%) below LOS C, as measured by the U.S. 1 Level of Service Task Force Methodology. While development may be approved within 5% of LOS C, the proposed development shall be considered to have an impact that needs mitigation. Development mitigation may be in the form of specific improvements or proportioned shared contribution towards improvements and strategies identified by the County, and/or FDOT to address any level of service degradation beyond LOS C and/or deficiencies.

All paved County roads shall have sufficient available capacity to operate at or within 5% of a LOS D as measured by the methodology identified in the most recent edition of the Highway Capacity Manual. While development may be approved within 5% of LOS D, the development shall be considered to have an impact that needs mitigation. Development mitigation may be in the form of specific improvements or proportioned shared contribution towards improvements and strategies identified by the County, and/or FDOT to address any level of service degradation beyond LOS D and/or deficiencies.

The development of one single family residence on a single parcel shall be considered de minimis and shall not be considered to impact road capacity established in this subsection.

The County shall post on the Monroe County website informing the public of the available transportation capacity for each road segment of U.S. 1 as described in the county's biennial public facilities capacity report. The available capacity shall be expressed in terms of number of trips remaining until the adequate transportation facilities standard is exceeded.

The County, in coordination with the FDOT, shall continue the systematic traffic monitoring program to monitor peak season traffic volumes at permanent count stations and travel speeds on the overall length of U.S. 1 and on each of the 24 study segments of U.S. 1, and to determine the cumulative impact of development and through traffic. The County shall coordinate with municipalities in the review of the systematic traffic monitoring program to monitor traffic volumes and travel speeds of U.S. 1 as well as on each of the 24 study segments on U.S. 1. The County and municipalities shall coordinate with FDOT to evaluate segments with deficiencies of LOS to determine necessary improvements and strategies to address any degradation and/or deficiencies.

(2)

Solid waste. Sufficient capacity shall be available at a solid waste disposal site at a level of service of 11.41 pounds per capita per day. The county solid waste and resource recovery authority may enter into agreements, including agreements under F.S. Section 163.01, to dispose of solid waste outside of the county.

(3)

Potable water. The County will coordinate with FKAA in its efforts to assure sufficient potable water from an approved and permitted source shall be available to satisfy the projected water needs of the proposed development at the levels of service listed below. Approved and permitted sources shall include cisterns, wells, FKAA distribution systems, individual water condensation systems, and any other system that complies with state standards for potable water.

Overall LOS: 100 gal./capita/day.

Minimum pressure: 20 pounds per square inch at customer service point.

Minimum quality: As defined by Chapter 62-550 F.A.C.

(4)

Sanitary Sewer. Sufficient wastewater treatment and disposal shall be available to satisfy the projected needs of the development or use according to the following level of service standards:

The capacity level of service standard: 167 gallons per day per equivalent dwelling unit (EDU).

The wastewater treatment level of service standards:

	Mg/L
	BOD	TSS	TN	TP
On-site Sewage Treatment and Disposal Systems	10	10	10	1
Design flows less than 100,000 gpd (BAT)	10	10	10	1
Design flows greater than or equal to 100,000 gpd (AWT)	5	5	3	1

BOD: Biochemical Oxygen Demand
TSS: Total Suspended Solids
TN: Total Nitrogen
TP: Total Phosphorus
BAT: Best Available Technology
AWT: Advanced Wastewater Technology

(5)

Drainage/stormwater. Treatment and disposal facilities shall be designed to meet the design and performance standards established in 62-25, F.A.C., and designed and operated so that off-site discharges meet State water quality standards, as set forth in 62-302, F.A.C.

(6)

Schools. Sufficient school classroom capacity shall be available to accommodate all school-age children to be generated by the proposed development.

(7)

Recreation and Open Space. Sufficient available recreation and open space facility capacity shall be available at the levels of service listed below:

One and one-half acres per 1,000 functional population of passive, resource-based neighborhood and community parks; and

One and one-half acres per 1,000 functional population of activity-based neighborhood and community parks within each of the Upper Keys, Middle Keys, and Lower Keys subareas.

(b)

Review of capacity.

(1)

Purpose. It is the purpose of this subsection is to ensure that the purposes of the Monroe County Comprehensive Plan are achieved and to provide an orderly and equitable procedure for the issuance of development permits, other than permits for additions to existing structures and other development activity not requiring additional public facilities.

(2)

Service areas. For the purposes of this subsection, the unincorporated areas of the county shall be divided into the following three public facilities service areas:

Upper Keys Service Area: The unincorporated areas of the county north of the Whale Harbor Bridge;

Middle Keys Service Area: The unincorporated areas of the county between the Seven Mile Bridge and Whale Harbor Bridge; and

Lower Keys Service Area: The unincorporated areas of the county south and/or west of the Seven Mile Bridge.

(3)

Biennial Assessment of public facilities capacity. The Planning Director shall submit to the BOCC a report of the capacity of available public facilities in each of the service areas established in subsection (b)(2) of this section. The report shall be based on standard analytical methodologies and shall include a projection of the amount of residential and nonresidential growth that can be accommodated in each of the service areas during the ensuing year without exceeding safe and efficient provision of essential public services. The report shall clearly identify areas of inadequate facility capacity, which are those areas with capacity below the adopted level of service standards as provided in subsection (a)(1)—(7) of this section, and areas of marginally adequate facility capacity, which are those areas at the adopted level of service standard or which are projected to reach inadequate capacity within the next 12 to 24 months. In addition, the report shall include growth trends and projections and a development permit monitoring system for each service area.

(4)

Ratification of the service capacity report . The BOCC shall consider and approve or approve with modifications the assessment of public facilities capacity. In the event the BOCC acts to increase the development capacity of any service area, the BOCC shall make specific findings of fact as to the reasons for the increase, including the source of funds to be used to pay for the additional capacity required to serve additional development to be permitted during the next 12- to 24-month period.

(5)

Review procedure.

Applicability. In the event the approved assessment shows that projected growth and development during the next 12 to 24 months exceeds public facilities capacity that will be available to serve the projected growth, development in one or more of the service areas that will require any of the public facilities enumerated in subsection (a) of this section that have insufficient capacity to provide safe and efficient public services shall be subject to the procedure established in this section. Development that does not require the public facilities enumerated in subsection (a) of this section and that has sufficient capacity to provide safe and efficient public services shall not be subject to the procedure established in this section.

Application for development. As a condition of approval of a development order, all applicants for development shall file an application with the county in the form prescribed by the Planning Director, accompanied by a fee to be set by resolution of the BOCC. The application shall include a written evaluation (facilities impact report and traffic report) of the impact of the anticipated development on the levels of service for public facilities and services and demonstrate that public facilities and services are available prior to or concurrent with the impacts of development.

Areas of inadequate facility capacity. The county shall not approve applications for development in areas of the county that are served by inadequate facilities identified in the biennial assessment of public facilities capacity report, except the county may approve development that will have no reduction in the capacity of the facility or where the developer agrees to increase the level of service of the facility to the adopted level of service standard. An applicant, except for persons applying for a single-family residence, shall provide a facilities impact report that demonstrates that:

For potable water, solid waste, sanitary sewer, and drainage facilities and services, one or more of the following conditions are met:

The necessary facilities and services are in place at the time a development permit is issued; or

ii.

The necessary facilities and services are in place at the time a certificate of occupancy, or its functional equivalent is issued. Prior to commencement of construction, the applicant shall enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility.

For recreational facilities, one or more of the following conditions are met:

Conditions 1(i.) or 1(ii.), listed above; or

ii.

The necessary facilities are in place no later than one (1) year after issuance of a building permit. Prior to commencement of construction, the applicant shall enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility; or

iii.

In the case of acreage (land) for such parks and recreational facilities, land shall be dedicated to or acquired by the County prior to issuance of a building permit, or funds in the amount of the developer's fair share are committed no later than the approval to commence construction; or

iv.

An enforceable development agreement guarantees that the necessary facilities and services will be in place with the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S.

For roads, one or more of the following conditions are met:

Conditions 1(i.) or 1(ii.) listed above; or

ii.

A binding executed contract is in place at the time the development permit is issued which provides for the commencement of the actual construction of the required facilities or provision of services; or

iii.

iv.

The proportionate share contribution or construction is sufficient to accomplish one or more mobility improvement(s) that will benefit a regionally significant transportation facility.

Areas of marginally adequate facility capacity. In areas of marginal facility capacity as identified in the current biennial assessment of public facilities capacity report, the county shall either deny the application or condition the approval so that the level of service standard is not violated. An applicant in these areas, except for persons applying for a single-family residence, shall provide a facilities impact report to demonstrate the standards in subsection (b)(5)c. of this section have been met.

Facilities impact report requirements. The facilities impact report required by this section shall use acceptable professional methodologies and standards inclusive of a cumulative traffic impact analysis, where necessary, as provided by the Planning Director.

(6)

Exemptions. In addition to the exemptions from development described in subsection (3) of the definition of "development" in section 101-1, the following construction activities shall not be considered development for the purposes of this section only:

The rebuilding or restoration of a single-family residence damaged or destroyed by fire, calamity, or natural disaster if the rebuilding or restoration takes place within the footprint of the destroyed or damaged structure and the use of the structure remains single-family residential;

The replacement of a mobile home upon the same lot where the original was located as long as there is no increase in density or intensity of use;

The construction of fences;

The construction of concrete slabs for existing buildings;

The construction of driveways;

The construction of docking facilities and seawalls;

The construction of tiki and chickee huts;

The construction of swimming pools; or

The installation of storm shutters.

Development that does not require the public facilities enumerated in Section 114-2(a) and that has sufficient capacity.

Development that will not reduce the capacity of the affected facilities.

Notwithstanding the LOS established above, public transit facilities as defined and provided for within Section 163.3180(5)(h)2., F.S., are exempt from transportation concurrency.

Installation of solar collection systems on single-family residences.

Work conducted by public utilities within the right of way.

Installation of concrete cisterns for water collection.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)

                    
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