Sec. 655.111. - Concurrency Reservation Certificate application process and review procedures.

(a) Concurrency Reservation Certificate ("CRC")—when required. The latest point at which concurrency is determined is the final development order. A Concurrency Reservation Certificate (CRC) shall be required prior to the issuance of all final development permits and final development orders, other than permits for de minimis development or exempt development as provided in Section 655.108 and Section 655.109 , but not for preliminary development orders or preliminary development permits. The payment of the Mobility fee per Part 5 of this Chapter, if applicable, 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), unless the proposed development is de minimis or exempt as provided in Section 655.108 and Section 655.109 . No final development order or final development permit shall be issued or granted by any board, commission, department or agency of the City of Jacksonville without a CRC unless in accordance with the provisions of this Chapter. No approval of final construction and/or engineering plans under Chapter 320 , Ordinance Code or building permits for single family residential construction shall be issued or granted by any board, commission, department or agency of the City of Jacksonville without the payment of the Mobility fee per Part 5 of this Chapter unless in accordance with the provisions of this Chapter. (b) Conditional Capacity Availability Statement (CCAS) application procedures and review process. An applicant may make an application for a CCAS. An applicant for a CCAS shall file a completed application with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of an application for a CCAS shall constitute the issuance of reserve capacity as to those public facilities, except for Motorized and Non-motorized public transportation facilities, for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. (1) Reviews shall be performed as follows: (i) JEA: potable water and sanitary; (ii) Solid Waste Division, Office of Administrative Services: solid waste; (iii) Development Services Division, Public Works Department: drainage; (iv) Recreation and Community Programming Division, Recreation and Parks Department: recreation. (v) Duval County Public Schools: All public educational and ancillary plants as defined in F.S. Ch. 1013. Charter schools are not considered for the purpose of determining if there is public school capacity for a development. (2) If a reviewing division determines that the information contained in the application is insufficient to review the application in accordance with the CMMS methodologies and criteria, then the reviewing division, within five days of its receipt of the application from the CMMSO, shall notify the CMMSO of the application's insufficiencies. The CMMSO shall immediately notify the applicant of such insufficiencies. The applicant shall then have ten days from the date of such notification to remedy the application's insufficiencies. This time period may be extended by the CMMSO based upon a showing of good cause. Any notification by a reviewing division to the CMMSO that the application is insufficient automatically tolls the applicable review period. Upon the reviewing division's receipt of the necessary information, the review period begins again at the point at which it was tolled. In the event the application's insufficiencies are not remedied within the time required, the applicant shall automatically lose all reserve capacity previously issued. (3) Each reviewing division shall compare the proposed development's impact against free capacities, consider committed improvement capacities, reduce the proposed development's impact by the impact of the existing use, if applicable, of the property, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of the application, issue to the CMMSO a written approval, denial, or approval with conditions for its portion of the application. As to any public facilities, except for Motorized and Non-motorized public transportation facilities, for which there was not sufficient free capacity on the date of acceptance of payment for the application, the appropriate reviewing division's approval shall include any and all conditions which must be fulfilled prior to the issuance of the CRC. (4) A final written decision shall be issued by the CMMSO within 45 days from the date the application is accepted by that office. (5) If the application is denied or is approved with conditions, the written notification shall: (i) Identify the decision reached by each reviewing division and the reason for denial or approval with conditions by any reviewing division; (ii) Outline the procedures required to be followed in order to appeal the decision; (iii) Outline the procedures required to be followed in order to enter into a development agreement, binding executed contract or other negotiating process which, upon agreement by the City, would permit the approval of the application or amendment or deletion of the disputed conditions; (iv) Notify the applicant that the application shall continue to constitute the issuance of reserve capacity as to the applicable public facilities, except for Motorized and Non-motorized public transportation facilities, for a period of: (i) 30 days after the date of the final written decision if the applicant gives written notice to the CMMSO, within ten days of such decision, of the applicant's intent to negotiate within such 30-day period modifications to the application which, upon agreement by the CMMSO, would permit the approval of the application or amendment or deletion of the disputed conditions, or (ii) 120 days after the date of the final written decision if the applicant, within 30 days of such decision, either executes a memorandum of agreement, a basic template of which is provided in the Handbook, expressing the applicant's intent to enter into a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202, within such 120-day period, or files an appeal on the form provided by the CMMSO. If the memorandum of agreement is not executed or the appeal is not filed within the time frames set forth above, or if the applicant fails to negotiate modifications to the application or enter into a development agreement within the time frames set forth above, the application shall automatically lose its reserve capacity and shall be treated as any other new application in the event the applicant wishes to proceed with the proposed development at a later date. An applicant whose application is denied is encouraged to meet with the staff of the reviewing division(s) which issued a denial. Opportunities may exist which may enable the application to be approved. Such opportunities or solutions may include a development agreement, a binding construction contract between the City and the applicant to provide the necessary improvements, development phasing, facility phasing, capital improvements programming, a change in the funding source of a capital improvement or a reduction in the scale or impact of the proposed development. (6) Each CCAS shall expire automatically one year after the date of issuance unless the applicant applies for the final development order or development permit for which the CCAS was required within the one-year period. An applicant may receive from the CMMSO four extensions of up to six months each based upon a showing of good cause. The CCAS shall automatically expire simultaneously with the denial of the final development order or final development permit for which the CCAS was required. (7) A CCAS is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the CCAS. (8) Whenever the CMMSO has denied an application for a CCAS, no further application shall be filed for a CCAS for a part or all of the same land for a period of six months from the date of such denial, unless subsequent to the date of such denial capacity sufficient to accommodate the proposed development has become available. Where the CMMSO finds that compliance with the provisions set forth in this Section would cause unusual or extraordinary difficulties, it may grant a waiver so that substantial justice may be done and the public interest secured, provided that the general welfare of the public is protected and that the proposed development is in keeping with the general spirit of these regulations. No waiver may be granted if it would have the effect of nullifying the intent and purpose of this Section. (c) Concurrency Reservation Certificate (CRC) application procedures and review process. An applicant may make an application for a CRC. In the event the applicant has not previously obtained a CCAS, the applicant shall follow the procedures set forth in subsections (c)(1) through (4) of this Section. In the event the applicant has previously obtained a CCAS, the applicant shall follow the procedures set forth in subsections (c)(5) through (10) of this Section. All CRCs, whether or not preceded by a CCAS, are governed by the provisions in subsections (c)(10) through (15) of this Section. (1) In the event the applicant has not previously obtained a CCAS, the applicant shall file a completed application for a CRC with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of the fee by the Tax Collector for a CRC shall initiate the issuance of reserve capacity as to those public facilities, except for Motorized and Non-motorized public transportation facilities, for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Reviews shall be performed in accordance with subsections (b)(1) and (2) of this Section. (2) Each reviewing division shall compare the proposed development's impact against free capacities, consider allowable improvement capacities, reduce the proposed development's impact by the impact of the existing use, if applicable, of the property, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of payment for the application, issue to the CMMSO a written approval or denial for its portion of the application. In issuing a final written decision, the CMMSO shall follow the procedures set forth in subsections (b)(4) and (5) of this Section as applicable to the approval or denial of an application. (3) If the application is approved, the written notification of approval, together with a CRC, shall be issued to the applicant by the CMMSO within the time period set forth in subsection (b)(4) of this Section. The CRC shall expire automatically one year after the date of issuance unless the applicant applies for the final development order or development permit for which the CRC was required within the one-year period. An applicant may receive from the CMMSO four extensions of up to six months each based upon a showing of good cause. The CRC shall automatically expire simultaneously with (i) the denial or revocation of the final development order for which the CRC was required; or (ii) the expiration of the final development order or development permit to which it applies. (4) In the event the applicant has previously obtained a CCAS and the CCAS has not expired, within ten days after filing an application for the final development order or development permit for which a CCAS has been issued the applicant shall notify the CMMSO of such application on forms provided by the CMMSO which notification, together with the CCAS, shall constitute a completed application for CRC. This completed CRC application shall be reviewed only by the reviewing divisions responsible for reviewing for those public facilities, except Motorized and Non-motorized public transportation facilities, for which reserve capacity was not previously issued for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Reviews shall be performed in accordance with subsections (b)(1) and (2) of this Section. (5) In the event the development proposed in the applicant's subsequent application for a final development order or development permit substantially deviates, under the criteria set forth in Section 655.112 , from the development proposed in the application for CCAS, then the CMMSO may transmit the application for CRC to other reviewing divisions for review or require the applicant to apply for a CRC in accordance with subsections (c)(1)—(3) of this Section. (6) The JEA, the Public Works Department and any other reviewing divisions as required pursuant to subsection (c)(5) of this Section shall compare the proposed development's impact as to the appropriate public facilities, except Motorized and Non-motorized public transportation facilities, against free capacities, consider allowable improvement capacities, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of payment for the application, issue to the CMMSO a written approval or denial for that reviewing division's portion of the application. (7) A final written decision shall be issued by the CMMSO in accordance with the provisions set forth in subsections (b)(4) and (5) of this Section applicable to the denial or approval of an application; provided, however, that the remedies set forth in subsection (b)(5) of this Section are available to the applicant only as they relate to a denial of the application for CRC and not as they relate to the approval, denial or conditional approval of the previously issued CCAS. (8) If the application is approved, the written notification of approval, together with a CRC, shall be issued to the applicant by the CMMSO within the time period set forth in subsection (b)(4) of this Section. The CRC shall automatically expire simultaneously with (i) the denial or revocation of the final development order or development permit for which the CRC was required; or (ii) the expiration of the final development order or development permit to which it applies. (9) The issuance of a CRC, whether or not preceded by the issuance of a CCAS, constitutes the issuance of reserve capacity as to all public facilities, except for Motorized and Non-motorized public transportation facilities. At such time as a development which has been issued a CRC receives a letter of certificate of completion, the reserve capacity issued to the development through the CRC shall (i) to the extent demanded by the completed development, be deemed used capacity and (ii) to the extent not demanded by the completed development, be deemed available capacity. If the CRC expires prior to a letter of certificate of completion being issued to the development, then, upon expiration of the CRC, the reserve capacity issued through the CRC shall be deemed available capacity. (10) All development subject to a CRC shall be consistent with the terms of the final development order or final development permit to which the CRC applies. Any proposed change from the development order or permit, except for a deviation required by governmental action, if determined to be a substantial deviation from such prior development order or permit by the CMMSO pursuant to the criteria set forth in Section 655.113 , shall cause the proposed change to be subject to concurrency review. Accordingly, any final development order or final development permit or amendment thereto required for a substantial deviation shall be subject to the provisions of Section 655.111 . (11) A CRC is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the CCAS or CRC. (12) Reserved. (13) Whenever the CMMSO has denied an application for a CRC, no further application shall be filed for a CRC for a part or all of the same land for a period of six months from the date of such denial, unless subsequent to the date of such denial capacity sufficient to accommodate the development has become available. Where the CMMSO finds that compliance with the provisions set forth in this Section would create unusual or extraordinary difficulties, it may grant a waiver so that substantial justice may be done and the public interest secured, provided that the general welfare of the public is protected and that the proposed development is in keeping with the general spirit of these regulations. No waiver may be granted if it would have the effect of nullifying the intent and purpose of this Section. (d) Informal review process. Informal, written concurrency reviews of a proposed development's potential impacts will be issued within ten days of the acceptance of an application by the CMMSO for informal review. Such applications shall be filed in the same manner as for a formal review, pursuant to the provisions of Section 655.111 (b), except that the applicant shall attach a signed and notarized affidavit affirming the applicant's understanding that a formal CRC must be approved prior to the issuance of any final development order or final development permit. An informal written concurrency review is for information purposes only, is not binding upon the City and does not entitle the applicant to receive any final development order or final development permit. (Ord. 90-1251-571, § 1; Ord. 92-131-128, § 6; Ord. 93-120-111, § 3; Ord. 2005-1283-E, § 7; Ord. 2007-1146-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E , § 1; Ord. 2025-30-E , § 21) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.