Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text

Unit Development) are set forth in Section 9.02. 08. 9. 02. 10 Submittal Requirements for Vacations An application to vacate a right -of -way, easement, or subdivision plat shall include the information identified in Section 9. 02. 02 and the information set forth below. A. A request to vacate a plat, either in whole or in part, shall include an attorney' s opinion verifying that the applicant is the owner of the land proposed for vacation. B. A written statement justifying the requested vacation including the following information: 1. Demonstration that the access of adjacent property owners will not be impaired; 2. Demonstration that access to a public water body will not be negatively impacted; and 3. Demonstration that there is no public need for the right- of-way, easement, or plat. administrative Procedure, Page 9 - 19 Purl AteIon Beach Laud Uc rlonmenf t. ade 9.02. 11 Submittal Requirements for Amendments to this Land Development Code A. An application to amend this Land Development Code shall include the following information: 1. An application form, available from the City. The application shall include the name, address, telephone number, facsimile number, email address, and signature of the applicant. 2. Proof of payment of applicable fees. B. The following information shall be provided with the application: 1. A description of the proposed amendment, with specific citations to the section( s) proposed for amendment. 2. A detailed justification for the proposed amendment. 3. A detailed statement of consistency of the proposed amendment with the goals, objectives, and policies of the Comprehensive Plan. 9. 02. 12 Submittal Requirements for Local Development Permits A. An application for a local development permit shall include documentation as required by the Florida Building Code, the Engineering Standards Manual of Fort Walton Beach, and other documents identified during a pre -application conference. B. When an application pertains to a change of use, the requested change of use shall comply with the criteria in Section 2. 03. 04. C. When an application for a change of use pertains to a nonconforming use, the requested change of use shall comply with the criteria in Sections 2. 03. 04 and 8. 01. 04. D. A wetland permit shall include a clearing / grubbing permit; tree removal permit, if needed; and wetlands survey. 9. 03.00 CONCURRENCY REQUIREMENTS 9. 03. 01 Purpose The purpose of the certificate of concurrency process is to ensure the existence of sufficient infrastructure to maintain the levels of service adopted in the Comprehensive Plan. 9.03. 02 Certificate of Concurrency Required A. A certificate of concurrency shall be required prior to or concurrent with the issuance of a building permit, including de minions situations. 1. The requirement for a certificate of concurrency shall not apply to properties listed on the National Register of Historic Places or the Florida Master Site File. 2. Where multiple development permits are required, the issuance of the certificate of concurrency shall occur prior to the issuance of the initial local development permit. B. A certificate of concurrency shall be issued upon a finding that the determination of concurrency demonstrates the availability of capacity to serve the proposed development. 1. The certificate of concurrency shall include the condition that facilities with the required capacity shall be in place and available to serve new development or as otherwise provided in State law. tdministratke Procedures Pa „ e9 - 211 1 0 FFafon B"" l, I - aad 1) e. rlumnr nt (` mlc 2. For potable water, the certificate of concurrency shall include the condition that prior to approval of a building permit, the City shall determine that adequate water supplies to serve the new development will be available no later than the anticipated date of issuance of a certificate of occupancy. C. A certificate of concurrency shall automatically expire simultaneously with the expiration of the local development permit to which it applies. If a time extension is granted prior to the expiration of a local development permit, then the accompanying certificate of concurrency shall be automatically extended for the length of the time extension. D. A certificate of concurrency shall be issued in writing and signed by the Development Administrator. 9. 03. 03 Determination of Concurrency A determination of concurrency is a demonstration that the proposed impact on the specified public services and facilities does not exceed the capacity based on the minimum level of service standard. A. Level of Service Standards 1. The minimum level of service standard for potable water is 125 gallons of potable water per person per day. 2. The minimum level of service standard for wastewater is 115 gallons of wastewater per person per day. 3. The minimum level of service standard for solid waste is six and eight- tenths ( 6. 8) pounds per person per day. 4. The minimum level of service standard for recreation is four and thirty -two one - hundredths ( 4. 32) acres of recreation land per 1, 000 people. 5. The minimum level of service standard for stormwater runoff quantity is to retain the first one ( 1) inch on site and ensure that the post -development runoff rate does not exceed the predevelopment runoff rate for a twenty -five ( 25) year, twenty - four ( 24) hour storm event. The minimum level of service standard for stormwater runoff quality shall be as set forth in Chapter 62 -25, F.A. C. 6. The minimum level of service standard for arterial and collector roads outside the adopted Transportation Concurrency Exception Area ( TCEA) is " D ". There is no minimum level of service standard within the TCEA. However, proposed development within the TCEA shall provide facilities that improve mobility, based on the requirements set forth in Section 6. 01. 06. 7. The minimum level of service for public schools is 100 percent of the capacity established by the Department of Education for schools serving the City. B. The concurrency calculation and determination shall compare the available capacity of each required facility or service to the demand of the proposed development. 1. The required facilities to meet the level of service standard for stormwater runoff shall be determined by the calculation of stormwater impacts as set forth in the Engineering Standards Manual of Fort Walton Beach. 2. The available capacity for the transportation system shall be determined by the provision of a transportation or traffic study as set forth in Section 9. 02.04. B. 3. The available capacity of all remaining facilities and services with an adopted level of service standard shall be calculated as follows: U nlinistralke Procedure. rage') - 21 I I tA; dU.. Bea' h IM a. Establishing the capacity of the facility or service; b. Subtracting the capacity used by existing development; c. Subtracting the capacity committed to approved developments through issuance of certificates of concutreney; and d. Yielding the amount of capacity remaining and available to serve proposed development. C. The available capacity may be adjusted based on planned expansions to capacity that guarantee an increase in capacity prior to the issuance of a certificate of occupancy for the proposed development. D. The required capacity may be established in an approved development agreement, in compliance with the requirements in Section 9. 08. 00. 9. 03. 04 De Minimis Projects A. Generally 1. A proposed development may be determined to have a de minimis impact on one 1) or more facilities and services with an adopted level of service standard, as set forth in Section 9. 03. 02. 2. A proposed development with a de minimis impact shall be exempt from any further coneurrency determination. B. The following situations are considered de minimis for all facilities and services with an adopted level of service standard. 1. A single -family dwelling. 2. A nonresidential structure with fewer than 1, 500 square feet of total floor area and generating fewer than fifty (50) trips per day. 3. A building addition with fewer than 1, 500 square feet of total floor area and generating fewer than fifty (50) trips per day. C. Any proposed development or redevelopment with an impact of not more than one 1) percent of the maximum volume at the adopted level of service of the affected transportation facilities as determined by the City, utilizing the most recent table of the generated two -way peak hour volumes in the Florida Department of Transportation ( FDOT) Level of Service Handbook, shall be considered de minimis regarding the transportation level of service. No impact shall be deemed to be de minimis if the sum of existing roadway volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility, or if the impact would exceed the adopted level of service standard for any affected designated hurricane evacuation route. 9.03.05 Strategies to Rectify a Lack of Concurrency