Sec. 655.105. - Definitions.

For the purposes of this Chapter, the following terms, phrases, words, and their derivations, shall have the meaning contained below, or as referenced within specific Sections. Capacity means a maximum and quantifiable ability for a public facility, except Motorized and Non-motorized public transportation facilities, to provide service to its users, calculated relative to a level of service infrastructure standard. It includes the following: (1) Existing capacity means used capacity plus capacity not used but available at the present time. (2) Projected capacity means existing capacity plus future capacity expected after improvement of the facility. (3) Threshold capacity means a level of capacity over which a warning signal will indicate that the facility will soon reach its existing capacity. (4) Available capacity means that portion of existing capacity not yet used or committed for use. (5) Free capacity means the amount of available capacity that can be offered to an applicant for a Conditional Capacity Availability Statement (CCAS) or Concurrency Reservation Certificate (CRC) which will not be depleted by pending applications. (6) Improvement capacity means added capacity potential expected by a capital improvement, but not including existing capacity, if any. (7) Committed improvement capacity means the increase in capacity associated with a capital improvement meeting the requirements set forth in Section 655.112 as of the date of the acceptance of the application for a CCAS or CRC by the Concurrency and Mobility Management System Office (CMMSO), less any reserve priority capacity. Capital improvement means a permanent addition, construction or fixture to real property or structures thereon which has a useful life of more than five years and an estimated purchase or construction cost of more than $25,000. Capital improvement element means that element of the Comprehensive Plan adopted pursuant to Chapter 650, Ordinance Code and F.S. Ch. 163, Pt. II, which evaluates the need for public facilities as identified in the other Comprehensive Plan elements and as defined in the applicable definitions for each type of public facility, which estimates the cost of improvements for which the local government has fiscal responsibility, which analyzes the fiscal capability of the local government to finance and construct improvements, which adopts financial policies to guide the funding of improvements, and which schedules the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required based on needs identified in the other adopted Comprehensive Plan elements. Commenced means that point in the evolution of a project when a reasonable amount of funds have been expended for development, when judged in relation to the intensity or type of development, by the developer can be demonstrated, or that point at which actual physical construction of the project begins in concert with the provision of necessary support infrastructure, when judged in relation to the intensity or type of development, whether such infrastructural improvements are off-site or on-site. Comprehensive plan or plan means the most recent version of the City of Jacksonville's Comprehensive Plan adopted pursuant to F.S. Ch. 163, Pt. II. Concurrency means that the necessary public facilities and services, other than Motorized and Non-motorized public transportation facilities, to maintain the adopted level of service standards are available when the impacts of development occur. Concurrency and mobility management system automated data base means the data collection, processing and analysis performed by the City to determine impacts on the adopted level of service standards for potable water, public schools, sanitary sewer, solid waste, drainage and recreation and performance measures for Motorized and Non-motorized public transportation facilities. Concurrency and Mobility Management System (CMMS) means the procedures and/or processes utilized by the City to assure that final development orders and final development permits are not issued unless the necessary facilities to support the development, except Motorized and Non-motorized public transportation facilities, are available concurrent with the impacts of the development and the Motorized and Non-motorized public transportation facilities meet the performance measures as provided in a manner consistent with the Mobility System. These procedures and/or processes are specified in Part 5 of this Chapter and in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Concurrency Reservation Certificate (CRC) means the official document issued by the City through the CMMSO upon finding that an application for the certificate in reference to a specific final development order or final development permit for a particular development will not result in the reduction of the adopted level of service standards for impacted potable water, sanitary sewer, recreation, public schools, drainage and solid waste facilities and services, as set forth in the Comprehensive Plan. Conditional Capacity Availability Statement (CCAS) means the official document issued by the City through the CMMSO which precedes the review of an application for a CRC and which constitutes the issuance of reserve capacity or a statement of those conditions which must be fulfilled prior to the issuance of reserve capacity as to the public facilities, except Motorized and Non-motorized public transportation facilities, listed in Section 655.112 , Ordinance Code. CMMS Handbook means the Concurrency and Mobility Management System Handbook available at the CMMS Office, 214 N. Hogan St., Second Floor, Jacksonville, FL 32202, and on the CMMSO webpage on www.coj.net. CMMSO means the Concurrency and Mobility Management System Office. Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of a structure or land, or the dividing of land into three or more parcels according to a plat of record. The following activities or uses shall be taken to involve development: (1) A reconstruction, alteration of the size or material change in the external appearance of a structure or land. (2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure, or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. (3) Alteration of a shore or bank of a river or stream, lake, pond or canal, including any coastal construction defined in F.S. § 161.021. (4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land. (5) Demolition of a structure. (6) Clearing of land as an adjunct of construction. (7) Deposit of refuse, solid or liquid waste or fill on a parcel of land. The following operations or uses shall not be taken to involve development as defined herein: (1) Work by a transportation or public works agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (2) Work by any utility and other persons engaged in the distribution or transmission of utilities, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. (3) Work involving the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to the enjoyment of the dwelling. (5) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes. (6) A change in the ownership or form of ownership of any parcel or structure. (7) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land. (8) A change in use of land or structure from a use within a class specified in an ordinance to another use in the same class. Development includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this subsection. Development Area means an area depicted on the Future Land Use Map ("FLUM") series which controls the density, development characteristics, and other variables within plan categories. The City is organized by five tiers of Development Areas including: the Central Business District (CBD); the Urban Priority Area (UPA); the Urban Area (UA); the Suburban Area (SA); and the Rural Area (RA), as shown in the Map Series Section of the Comprehensive Plan. Developer means any person, or his authorized agent, including a governmental agency, who undertakes the development of land as described above in this Section. Development order means any order issued by the City granting, denying or granting with conditions an application for approval of a development project or activity. The term development order encompasses the following: (1) Development permit means an official document issued by the City which authorizes land alteration or the commencement of construction without the need for any further applications or approvals. Development permits include: all types of construction permits, such as plumbing, electrical, foundation, mechanical, etc., in addition to the building permit itself, grading, site clearing and demolition permits, septic tank permits, tree removal permits and sign permits. (2) Preliminary development permit means an official document issued by the City which authorizes certain types of preliminary development which either would not have an impact on levels of service or performance measures or would occur at a stage in the development process when the proposed project has not been precisely defined and where the density, intensity and type or use of the ultimate development is not known. A CRC or payment of a Mobility fee is not required prior to the issuance of a preliminary development permit, which term shall include, but not be limited to: a site clearing permit, a demolition permit, a tree removal or relocation permit, a swimming pool permit, a septic tank permit, a sign permit, a fence permit, and an awning permit. (3) Final development permit means an official document issued by the City which authorizes the commencement of construction which would be expected to have an impact on levels of service or performance measures or would occur at a stage in the development process when the proposed project has been precisely defined and where the density, intensity and type or use of the ultimate development is known. A CRC and the payment of the Mobility fee is required prior to the issuance of a final development permit, which term shall include, but not be limited to: a building permit, for any new building, addition, or accessory building, new mobile home move on, or trailer, park and camps, and converting use not found to be de minimis by the CMMSO; a building permit for any nonresidential alterations and repairs, foundation only, or other type of improvement not found to be de minimis or exempt. (4) Preliminary development order means a preliminary approval given by the City which does not authorize actual construction, alterations to land or structures or other development. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual approvals where a series of approvals are required before authorization to commence land alteration or construction may be given by the City. A CRC or the payment of a Mobility fee is not required prior to the issuance of a preliminary development order, which term shall include, but not be limited to: an order granting an administrative appeal, an amendment to the FLUM series of the Comprehensive Plan, an amendment to the Comprehensive Plan which affects land use or development standards, approval of preliminary sketch plans under Section 654.107 , Ordinance Code, approval of site plans under Section 656.404 , Ordinance Code, an order granting a zoning variance or exception, a rezoning and a written determination of consistency with the Comprehensive Plan. (5) Final development order means a final approval given by the City for a development project which has been precisely defined in terms of the intensity and use of the project. The final development order authorizes the project, whereas the preliminary development order or permit authorizes specific components of the project, such as, parking lot installation, landscaping, etc. A CRC is required prior to the issuance of a final development order, which term shall include, but not be limited to: approval of final construction plans for required improvements under Chapter 654 , Ordinance Code, final plat approval under Chapter 654 , Ordinance Code, approval of final construction and/or engineering plans under Chapter 320 , Ordinance Code, and a local development order approving a Development of Regional Impact or Florida Quality Development. The payment of a Mobility fee shall be required prior to approval of final construction and/or engineering plans under Chapter 320 , Ordinance Code or building permits for single family residential construction or as otherwise provided in Part 5. Existing Use means the actual, present use or the most recent lawful use on the property. Documentation may include Duval County Property Appraiser Tax Record Cards, building permits, demolition permits, advertising (e.g. number of hotel rooms), real estate listings, internet search on business address, phone listings, Sanborn maps, and other reliable information sources. Letter of certificate of completion means a letter issued by the Planning and Development Department indicating that a building, structure, or development has reached a degree of completion which warrants the appropriate withdrawal of existing capacity within the CMMS. Lot includes the words plot or parcel . A lot or plot is a parcel of land of at least sufficient size to meet the minimum requirements of the Zoning Code as to use, lot coverage and area and to provide the yards required by the Zoning Code. A lot is also defined as a single unit in a subdivision. Level of Service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility or service, except for Motorized and Non motorized public transportation facilities. Memorandum of agreement means an informal agreement entered into by the developer and the Director of Planning and Development setting forth the terms which will serve as the basis of a future formal development agreement entered into pursuant to Part 2, Chapter 655 . Mobility fee means a monetary charge on new development based upon the transportation impacts, both motorized and non-motorized, created by the new development. For purposes of this fee, "new development" also includes the renovation or conversion of an Existing Use, or the expansion of an Existing Use if there will be an increase in the amount of traffic generated. Mobility System means a process for calculating and collecting a fee from landowners or developers for a specified development; and for applying this fee to motorized and non-motorized transportation projects in order to mitigate the effects of increased demand due to growth. Motorized public transportation facility means a roadway/corridor or mass transit facility that accommodates cars, trucks or other types of motorized vehicles. Non-motorized public transportation facility means a facility including but not limited to a sidewalk, multi-purpose path, bike path, sharrows, cycle track, or other facility for the use of pedestrians or non-motorized bicycles. Public facilities or services means those facilities and services specified in the Comprehensive Plan for which level of service standards or other performance measures have been adopted: Motorized and Non-motorized public transportation facilities, potable water, sanitary sewer, solid waste, drainage, recreation, and Duval County public schools, excluding charter schools. Reserve capacity means that capacity for public facilities, except for Motorized and Non-motorized public transportation facilities, demanded by the impacts of CRC or CCAS applications on a "first come-first served" basis for: (1) A proposed development for which an application for a CRC or CCAS has been accepted and is under review in accordance with Section 655.111 (b) or (c); or (2) A proposed development granted a CCAS or a CRC, provided the final development order or permit for which the CCAS or CRC was required is applied for within the time periods set forth in Section 655.111 (b)(5) or (c)(3); or (3) A proposed development wherein the City has granted a CRC and issued the final development order or final development permit for which the CRC was required, provided the development proceeds without substantial deviation from the terms of the final development order or final development permit to the point of obtaining a letter of certificate of completion; or (4) A proposed development denied or conditionally approved a CCAS or denied a CRC, provided the applicant (i) gives written notice of its intent to negotiate as to modifications in the application within ten days after notification by CMMSO or (ii) executes a Memorandum of Agreement, expressing his intent to enter into a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202, or appeals the decision within 30 days from the date of denial notification by the CMMSO. (5) A proposed development denied or conditionally approved a CCAS or denied a CRC, after appeal, provided the applicant executes a Memorandum of Agreement within 30 days from the date of notification of denial of the appeal. (6) In the instance of a CCAS, the reserve capacity for public facilities, except for Motorized and Non-motorized public transportation facilities, shall apply on a "first come-first served" basis only as to those public facilities for which there is free capacity on the date of acceptance of the application. Reserve priority capacity means those capacities demanded by Developments of Regional Impact (DRI), Florida Quality Developments (FQD) or development capacities negotiated in a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202. Reviewing divisions mean those specific divisions within the City agencies and departments affected by the provisions of this CMMS which have the responsibility to develop and utilize methods and procedures to assess a proposed development's impact on public facilities, except Motorized and Non-motorized public transportation facilities, and which must approve or deny the proposed development based on the ability of each public facility, except Motorized and Non-motorized public transportation facilities, to absorb such impacts without decreasing the established level of service for that facility. Substantial deviation means any proposed change from a final development order or final development permit for which a VPAC or CRC is required and which meets the criteria set forth in Section 655.113 (a). Vested capacity means the quantifiable impacts on public facilities by development authorized pursuant to finalized building permits approved for proposed developments which have been issued VPACs. Vested Property Affirmation Certificate (VPAC) means the official document issued by the City through the CMMSO which waives all concurrency and Mobility fee requirements for a final development permit or final development order issued prior to September 21, 1990 for a development which has commenced prior to the dates set forth in Section 655.109 (a), provided such development does not substantially deviate, under the criteria set forth in Section 655.113 , from the terms of the original development permit or development order, and further provided that such development continues in good faith toward completion. Vested Property Annual Status Report means the complete and detailed report required to be submitted to the Concurrency and Mobility Management System Office by the holder of a VPAC on each anniversary of a development's VPAC issuance which demonstrates and documents the development's progress and continuance in good faith according to its original development permit or order. (Ord. 90-1251-571, § 1; Ord. 92-131-128, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E , § 1)