§ 16-62. Determination of capacity availability.

For purposes of these regulations, the capacity availability shall be determined by:

(1)

Adding together:

a.

The total design capacity of existing facilities operating at the required level of service; and

b.

The total design capacity of new facilities that will come available concurrent with the impact of the development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

1.

The necessary facilities are in place at the time a plat approval is issued, or a plat approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.

2.

Construction of the new facilities is under way at the time of application.

3.

The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.

4.

The new facilities have been included in a funded capital improvement program annual budget.

5.

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order pursuant to chapter 380, Florida Statutes. Such facilities must be consistent with the Capital Improvements Element of the comprehensive plan and approved by the department.

6.

The developer has contributed funds to the City of Sunrise, Broward County or other governmental entity necessary to provide new facilities consistent with the Capital Improvements Element of the City of Sunrise Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city, county or other governmental entity.

(2)

Subtracting from that number the sum of:

a.

The design demand for the service created by existing development; and

b.

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

(Ord. No. 402-97-E, § 1, 8-26-97)