Sec. 655.112. - Minimum requirements for CCAS or CRC approval.

Minimum requirements for a CCAS or CRC approval for each of the following public facilities and services are as follows: (a) For potable water, sanitary sewer and solid waste, one of the following must be met: (1) The necessary facilities and services are in place at the time each reviewing division conducts its concurrency review for a proposed development; (2) The necessary facilities and services to support the impacts of a proposed project will be in place when the impacts of that project occur; or (3) The necessary facilities and services are under construction at the time a proposed development is reviewed by each reviewing division, and, if the necessary services and facilities are to be constructed by the developer, the construction is guaranteed to be completed in time to absorb the impacts of the proposed development under one of the following procedures implemented at the later of issuance of the final development order or, as to a platted subdivision, upon recording of the final plat: (i) The developer has deposited with the City or placed in an account subject to control of the City a cashier's check in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements, which amount shall be subject to the approval of the City Engineer. The developer shall be entitled to secure draws from the deposit or account as construction and the installation of facilities progresses in stages, but not more frequently than monthly. A draw from the cash deposit or account shall be made only within 30 days after the developer's engineer has certified to the City that the cost of improvements installed equals or exceeds the amount of the draw requested plus previous draws made and the City has inspected the improvements and authorized the draw. The City may reduce the dollar amount of a requested draw to the extent reasonably justifiable, based upon inspection of the improvements. If the developer fails to be in compliance with any of the terms and conditions of the plans and specifications for the improvements, no further draws shall be approved until such time as the developer is determined to be in compliance. The developer shall be entitled to receive interest earned on the deposit or account. The City, upon 30 days written notice to the developer, shall have the right to use all remaining funds for the completion of the improvements in the event of the failure of the developer to complete the improvements within the time required, including any extensions granted by the City. (ii) The developer has furnished to the City his personal bond secured by an unconditional and irrevocable letter of credit issued by a state or national banking institution to the City in an amount equal to the total sum of engineering and construction costs for the installation and completion of the required improvements, which amount shall be subject to the approval of the City Engineer. The bond and letter of credit shall be in a form approved by the Office of General Counsel. During the process of construction, the City may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed. The City, after 30 days' written notice to the developer, shall have the right to use all funds remaining after previous draws on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required, including any extensions granted by the City. (iii) The developer has furnished to the City a surety bond in a form and by a surety company approved by the Office of General Counsel guaranteeing that the work will be completed. The bond shall be in an amount equal to the total of the sum of engineering and construction costs, which amount shall be subject to the approval of the City Engineer. During the process of construction, the City may reduce the dollar amount of the bond on the basis of work completed. The City, after 30 days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required, including extensions granted by the City; or (4) The necessary public facilities and services are guaranteed in a development agreement executed pursuant to Part 2, Chapter 655, Ordinance Code and F.S. § 163.3202, or an agreement pursuant to F.S. Ch. 380, which guarantees that the necessary facilities and services will be in place when the impacts of development occur. (b) For recreation, one of the following must be met: (1) Compliance with paragraphs (1), (2), (3) or (4) of subsection (a) of this Section; (2) The necessary public facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of facilities, or the provision of services, within one year of the issuance of the development's CRC and, if to be constructed by the developer, guaranteed by a bond or cash provided by the developer or developers and/or others including the City, as required in subsections (a)(3)(i), (ii) or (iii) of this Chapter; or (3) The necessary facilities and services are guaranteed in a development agreement which requires the commencement of the actual construction of facilities for the provision of services within one year of the issuance date of the CRC or its accompanying final development order or final development permit. A development agreement shall be executed pursuant to Part 2, Chapter 655, Ordinance Code and F.S. § 163.3202. (c) For drainage, one of the following must be met: (1) Compliance with paragraphs (1), (2), (3) or (4) of subsection (a) of this Section; or (2) The development shall retain the total volume of stormwater run-off on-site. (d) For public schools, the requirements of Chapter 655 , Part 4 must be met. (e) The burden of demonstrating compliance with the requirements of this Section shall be on the applicant. (Ord. 90-1251-571, § 1; Ord. 2005-952-E, § 1; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E , § 1)