§ 122-6. Level of service standards.

(a)

A determination of concurrency shall be based on the levels of service established in the capital improvements element of the comprehensive plan of the city, at the time the proposed development is projected to generate a demand for services. A determination of concurrency shall be conducted in accordance with the methodology described in the city's concurrency management system manual and shall be based on the capacity of available public facilities less applicable capacity credits within the applicable TCMA and TAZ.

(b)

For the purposes of a determination of concurrency, potable water, sanitary sewer, solid waste and storm water management facilities shall be deemed available if they are:

(1)

In existence at the time of a determination of concurrency;

(2)

Funded, programmed and scheduled to be available by the applicable city, state or other governmental agency at the time the proposed development is projected to generate a demand for services; or

(3)

The subject of an enforceable mitigation program between the applicant and the city or other applicable governmental agency, approved in accordance with subsection 122-8(d), which will ensure that the facilities will be provided at the time the proposed development is projected to generate a demand for services.

(c)

For the purposes of a determination of concurrency, parks and recreational facilities shall be deemed available if they are:

(1)

In existence at the time of a determination of concurrency;

(2)

Funded, programmed and scheduled to be available by the applicable city, state or other governmental agency at the time the proposed development is projected to generate a demand for services; or

(3)

The subject of an enforceable mitigation program between the applicant and the city or other applicable governmental agency, approved in accordance with subsection 122-8(d), which will ensure that the facilities will be provided at the time the proposed development is projected to generate a demand for services; and

(4)

Programmed or otherwise committed to be provided as soon as reasonably possible such that a substandard level of service does not exist for a period of more than one year after the proposed development is projected to generate a demand for services.

(d)

For the purposes of a determination of concurrency, roads and transit facilities shall be deemed available if they are:

(1)

In existence at the time of a determination of concurrency;

(2)

Funded, programmed and scheduled to be available through the applicable city, state or other governmental agency at the time the proposed development is projected to generate a demand for services; or

(3)

The subject of an enforceable mitigation program between the applicant and the city or other applicable governmental agency, approved in accordance with subsection 122-8(d), which will ensure that the facilities will be provided at the time the proposed development is projected to generate a demand for services;

(4)

Programmed or otherwise committed to be provided as soon as reasonably possible such that a substandard level of service does not exist for a period of more than three years after the proposed development is projected to generate a demand for services; and

(5)

Programmed in the capital improvements element of the comprehensive plan for construction in or before year three of the city's adopted budget, Miami-Dade County's Transportation Improvement Program, the Florida Department of Transportation's Five Year Work Program, or the First Year Priority of the Miami-Dade County Long Range Plan.

(Ord. No. 2000-3242, § 2, 5-10-00)