The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accepted engineering principles means engineering concepts and practices generally accepted by the broad base of professionals in the particular engineering discipline under consideration.
area of development influence means the area of public facilities impact surrounding project; this area of influence will vary according to the type and magnitude of the project.
assured construction means construction improvements scheduled for critical public facilities in the city's five-year schedule of capital improvements, provided the schedule is realistic, financially feasible, based upon available revenue sources and contains targeted project completion dates; in addition, for final development orders or permits, construction must be complete and operable for the following facilities: wastewater treatment, potable water supply, solid waste disposal, transportation, parks and recreation and drainage.
Available means that a public facility or service will be provided as follows:
(1) The facility or service is in place to serve a proposed project at the time the development order is approved.
(2) The facility or service will be in place at the time of project impact.
(3) The facility is under construction at the time a development order is approved.
(4) The facility or service is the subject of a binding executed construction contract at the time the development order is approved.
(5) The facility or service is guaranteed through an enforceable development agreement.
(6) The facility constitutes assured construction.
Average daily traffic and existing traffic mean the average of two consecutive 24-hour weekday traffic counts taken at one location.
Building permit means a written authorization issued by the building official which permits the construction or alteration of a building. The term "building permit" means the same as a final development order.
buildout period means the time interval between the issuance of a development order and project completion.
captured trips means motor vehicle trips which pass a project but which are not generated by the project.
concurrency compliance certification means the official city compliance document which is issued for a proposed project after a favorable concurrency evaluation has been completed resulting in a finding of no concurrency deficiency (nondeficiency) for the project's impact.
concurrency manager means the city official who has been officially designated to be in charge of the concurrency management system. This responsibility is assigned to the city manager.
Critical public facilities means the six types of public facilities which are subject to concurrency management as follows:
(1) Roadways;
(2) Sanitary sewer;
(3) solid waste;
(4) drainage;
(5) Potable water; and
(6) recreation, i.e., open space and parks.
developer's agreement means an agreement entered into pursuant to F.S. § 163.3220 to which the city is a party and which requires and ensures provision of a public facility or service.
Development means the same as set forth in F.S. § 380.04.
development order means any official city directive which grants the issuance of a development permit or amendments thereto.
development permit means any building permit, zoning approval, rezoning, preliminary plat approval, final plat approval, site plan approval, conditional use or variance approving the exceeding of maximum lot coverages. This definition does not include the term "certificate of occupancy."
directly accessed means that a project is provided with adjacent ingress or egress from or to a principal roadway.
Fdot guidelines means the state department of transportation guideline document entitled "The Florida highway System Plan--Level ofService Standards and Guidelines Manual," as issued in January 1989 and as subsequently amended.
Final development order means a building permit.
Insignificant project means a nonmajor project for which the project trips within the area of development influence during the buildout period and at project completion are projected to be equal to or less than ten percent above the number assigned to the adopted level-of-service standard E, as specified in the comprehensive plan.
ITE means the Institute of Transportation Engineers.
land development regulation means any chapter of this code regulating any aspect of development, including any zoning, rezoning, subdivision, building construction, site planning, sign regulation, landscaping or other sections controlling land development.
level of service means an indicator of the degree of service provided by a public facility based upon its operational characteristics and expressed as the capacity per unit of demand.
level-of-service standard means the minimum threshold of service for a public facility below which the level of service should not be allowed to deteriorate without triggering restrictions on new development.
major project means any project which is either:
(1) A development of regional impact;
(2) A residential development of 250 or more dwelling units; or
(3) A commercial or industrial development of more than 50,000 square feet of gross building area.
Open space means a primarily undeveloped tract of land, whether public or private, which is both suitable and available principally for passive recreation or conservation uses, regardless of whether or not such land is actually put to such uses. By definition, the term "open space" does not encompass the meaning of the term "park."
park means a tract of land which has been officially designated as such and which is either developed or scheduled to be developed for primarily active recreation uses. By definition, the term "park" does not encompass the meaning of the term "open space."
project completion means the issuance of the final certificate of occupancy for a project.
Rendition means the issuance of a written determination, under the concurrency management system, by the building official, concurrency manager, city council or planning and zoning board, the date of execution of which shall be presumed to be the date affixed to such document. This document shall be filed with the city clerk on the same date as issued.
Total traffic means the traffic count during the buildout period of a project. It consists of the sum of existing traffic, traffic to be generated by the project minus captured trips, and background traffic.
trip generation standards means the guidelines contained in the document entitled "Trip Generation, 4th Edition," prepared by ITE in 1987 and as amended.
vested right means the entitlement to develop enjoyed by a project because of the fact that the city issued a development order or permit for the project prior to the effective date of the ordinance from which this section is derived. Such a project is not required to meet the concurrency requirements of this chapter, unless the project is significantly changed in terms of its density, intensity or facility impact subsequent to such effective date, in which case it will lose its vested right and be obliged to undergo a review under this chapter.