§ 16-64. Concurrency management procedures.

(a)

Demonstration of compliance by applicant. The burden of showing compliance with these levels of service requirements shall be upon the applicant. In order to be approved, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards.

(b)

Development permit review. All development permit applications shall be reviewed by the appropriate city departments as specified by the city manager. The city planner shall review all appropriate development permit applications for concurrency.

(c)

Concurrency rights reservation and effective period.

(1)

Site plan, master plan, development agreement: Compliance will be finally calculated and capacity reserved at time of final action on an application for site plan approval pursuant to section 16-31; master development plan approval pursuant to section 16-39, or a development agreement pursuant to section 163.3220, Florida Statutes, for those concurrency services within the authority of the City of Sunrise. Applications for development permits shall be chronologically logged by the department upon approval to determine rights to available capacity.

(2)

Expiration:

a.

When compliance is determined in connection with an application for site plan approval, a building permit application must be submitted within eighteen (18) months of site plan approval to preserve the concurrency reservation and site plan approval. An extension of up to one (1) year may be issued by the department.

b.

When compliance has been determined in connection with an application for master development plan approval, a building permit application must be submitted within eighteen (18) months of master development plan approval, or the master development plan approval shall expire. A compliance determination in connection with a master development plan approval shall also expire if, following issuance of the first building permit, there is no active building permit within the master development plan for a period of two (2) consecutive years, and, under no circumstances shall such a compliance determination be effective for more than ten (10) years. A one (1) time only extension of up to one (1) year may be issued by the department.

c.

When compliance has been determined in connection with a development agreement, such determination of concurrency compliance shall be governed by the development agreement.

(3)

Bonds: At each renewal of public performance bonds, the city shall make a determination if the bonds shall be drawn upon for completion of construction to meet concurrency standards.

(d)

Development permit approval or disapproval. Development permits shall be processed to the furthest degree possible. If concurrency determination of a project show unacceptable levels of service in any one (1) of the necessary public facilities, the project shall not receive development permit approval until one (1) of the six (6) alternatives in section 16-62 is achieved. If capacity conditions change at some time in the future, concurrency shall be rechecked to verify compliance with adopted levels of service. If compliance is found, the development shall be rescheduled for final action.

(e)

Compliance with proportionate fair share mitigation requirements of Section F.S. § 163.3180(16). In compliance with the transportation proportionate fair share requirements of F.S. § 163.3180(16), determination of an applicant's fulfillment of transportation concurrency requirements under the city and county comprehensive plans shall be made, and transit concurrency assessments shall be imposed, in accordance with the methodology provided for transit oriented concurrency districts in subsection 5-182(a)(5)a) of the Broward County Code of Ordinances.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-06-C, § 2, 12-12-06)