Sec. 655.411. - School Concurrency Determination.

To determine school concurrency, the following analysis shall apply: (a) If adequate facilities to serve the development are currently in place, or the applicable Capital Improvement Plan demonstrates that adequate facilities to serve the development will be in place or under actual construction in the applicable CSA or adjacent CSAs within three years after the issuance of final subdivision or site plan approval, then school concurrency will be deemed satisfied as long as the applicant has applied for and received a CCAS/CRC or has entered into a non-mitigation capacity reservation Development Agreement pursuant to Section 655.410 ; or (b) If facilities in the approved CIE scheduled for construction in year 4 or later of the CIE are accelerated into the first 3 years of the CIE, and the developer is willing to enter into a Mitigation Agreement as provided herein to construct the accelerated facility within the first 3 years, and the cost of the facility is equal to or greater than the development's proportionate share, then school concurrency will be deemed satisfied; or (c) If capacity improvements in the applicable five year Capital Improvement Plan would provide adequate facilities to satisfy the demands created by the development, school concurrency will be deemed satisfied pursuant to subsections 163.3180(13)(e) and 163.3180(13)(e)3, Florida Statutes, provided that: (i) those improvements are scheduled for years four and five of the Capital Improvement Plan; (ii) the developer is willing to pay a proportionate share mitigation contribution as defined herein; and (iii) the developer executes a Mitigation Agreement as provided herein; or (d) If approval of the development order is conditioned upon phasing the project's impacts, then development orders shall be delayed to a date when capacity enhancement and LOS can be assured; or (e) Other acceptable mitigation is adopted by a Mitigation Agreement as provided herein, including additions to the Capital Improvement Plan. (Ord. 2007-1146-E, § 2)