§ 23.5-7. Concurrency management and public facility capacity.

a)

Adequacy of public facilities and services . Public facilities and services shall be determined to be adequate to serve the needs of a proposed development when traffic circulation, recreation, drainage and flood protection, potable water, solid waste and sanitary sewer public facilities and services will be available to meet established level-of-service standards, consistent with F.S. Ch. 163, and the concurrency management provisions of this section.

b)

Level of service standards . New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the Lake Worth Comprehensive Plan.

1.

Streets.

"E" on the following "constrained" roadways:

Lucerne Avenue Dixie Highway.

Lake Avenue 10th Ave. N. (west of Dixie Highway).

Federal Highway 6th Ave. S. (west of Dixie Highway).

I-95.

"C/D" all other structures ("C" average daily volumes/"D" peak hour volumes).

2.

Sanitary sewer. The city collection and treatment system shall accommodate an average daily flow of at least one hundred fifty (150) gallons per person per day at the secondary treatment level.

3.

Drainage. Adequately accommodate run-off from a three-year frequency one-hour storm duration, as recorded in the FDOT Rainfall Intensity Curves in use in 1970.

4.

Water. One hundred (100) gallons per person per day at quality levels required by regulatory agencies and exclusive of water for irrigation purposes; also maintenance of water pressure at forty (40) psig residential and fifty-five (55) psig static.

5.

Solid waste. Collection and disposal of six and one-half (6.5) pounds per capita per day.

6.

Recreation.

Boat ramps	1 boat ramp	per 18,500 persons
Track and field	1 oval	per 37,000 persons
Baseball diamonds	1 diamond	per 4,000 persons
Basketball courts	1 4-goal court	per 37,000 persons
Football fields	1 2-goal field	per 40,000 persons
Multipurpose/soccer fields	1 field	per 20,000 persons
Tennis courts	1 court	per 5,000 persons
Exercise trails	1 trail	per 40,000 persons
Swimming	1 public pool	per 40,000 persons
Community activity centers	1 facility	per 18,500 persons
Golf courses	1 18-hole course	per 37,000 persons

 

c)

Concurrency review procedures .

1.

Development subject to adequacy determination.

(A)

New development. All development permits including but not limited to site plans, plats, conditional use applications, rezoning and building permits for principal buildings.

(B)

Additional development or redevelopment. All redevelopment or additional development of previously improved lands shall be subject to an adequacy determination for the additional capacity needed to serve the difference between the capacity to be consumed by the proposed additional development and the capacity generated or consumed by the existing development.

2.

Exemptions from adequacy determination.

(A)

Development which is authorized by an approved development of regional impact (DRI) development order.

(B)

Development which is found by the city attorney to have vested rights with regard to any affected roadway segments or infrastructure capacity reservations.

(C)

Development which is one (1) single-family or duplex dwelling on a lot in single and separate ownership from adjacent lots.

(D)

Any development which causes no increase in public facility usage.

(E)

Development which is a government facility which the city commission finds is essential to the health or safety of the city residents.

3.

Measurement of level-of-service capacities.

(A)

Water and wastewater. Measurement of the capacity of water and wastewater lines and plants will be based on design capacities and projected flows; generation rates may be based upon Tables I and II (below) or, in the case of sewage, the table in section 18-29 of the water and sewer chapter of the City Code. Whatever method or source is used, it must be acceptable to the director for the water utility and the director for public services.

(B)

Roadways. The standard for measuring highway capacities shall be the Florida DOT Table of generalized daily level-of-service maximum volumes. The measurement of capacity may also be determined by engineering studies or other data provided that analysis techniques are technically sound and acceptable to the city engineer. Traffic generation shall be based upon the rates contained in Palm Beach County Ordinance No. 89-19 (road impact fee ordinance) or the ITE Manual. The impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot. See also section 26.5-7(c)4, below.

(C)

Solid waste. Table III (below) may be used to calculate solid waste generation rates. Projections are subject to approval by the city engineer.

(D)

Drainage. Measurement of drainage shall be based on assumed runoff rates (for example, from the South Florida Water Management District or FDOT tables) subject to approval by the city engineer.

(E)

Recreation. Measurement shall be based on data in the city comprehensive plan and the latest city population estimate with any necessary interpretation provided by the planning director.

4.

Special traffic capacity procedures.

(A)

Less than five hundred (500) additional trips. If a development permit subject to concurrency review is for a project that generates less than five hundred (500) additional net trips per day, the procedures in the above subsection shall be followed.

(B)

More than five hundred additional trips. If the project will add more than five hundred (500) net trips per day to the county or state system of collector and arterial streets, conformance to the Palm Beach County Traffic Performance ordinances shall be demonstrated (Ordinance Nos. 90-6 and 90-7, and any amendments thereto). The only exemptions from this provision are if the project received a site specific formal development permit prior to January 30, 1990, or in some other way is determined to be vested by the city attorney. Specifically, the following steps shall be followed; see the county ordinances for detailed procedures:

(1)

Traffic study. The applicant shall submit a traffic study by a professional traffic engineer unless the project is exclusively residential with fifty (50) or less units.

(2)

Engineer review. The city engineer shall review the traffic study to determine conformance with county Ordinance No. 90-7 or request the county engineer to perform such a review. In the former case, the city engineer shall submit his review to the county engineer; the county engineer shall have thirty (30) days to review the city engineer's review. See county Ordinance No. 90-6 for appeal procedures and required city procedures relative to "previous approvals."

5.

Determination of concurrency. For the purposes of these regulations, the capacity availability shall be determined by:

Adding together:

(A)

The total design capacity of existing facilities operating at the required level of service; and

(B)

The total design capacity of new facilities that will become available concurrent with the impact of the development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

(1)

The necessary facilities are in place at the time a site plan or plat approval is issued, or such approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.

(2)

Construction of the new facilities is under way at the time of site plan or plat development permit application.

(3)

The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued.

(4)

The new facilities have been included in a funded capital improvement program annual budget.

(5)

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. Ch. 163, or an agreement or development order pursuant to F.S. Ch. 380. Such facilities must be consistent with the capital improvements element of the comprehensive plan and approved by the director for community sustainability.

(6)

The developer has contributed funds to the City of Lake Worth, Palm Beach County or other governmental entity necessary to provide new facilities consistent with the capital improvements element of the comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city, county or other governmental entity.

(C)

Subtracting from that number the sum of:

(1)

The design demand for the service created by existing development; and

(2)

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

6.

Burden of showing compliance on applicant. The burden of showing compliance with these levels of service requirements shall be upon the applicant. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards.

7.

Concurrency review fee. An applicant will be charged a concurrency review fee in accordance with the approved fee schedule, as may be adopted from time to time This will be used to defray the cost of the concurrency determination.

d)

Concurrency monitoring system .

1.

Responsibility. The development review officer shall be responsible for monitoring development activity to ensure the development is consistent with the comprehensive plan. All existing and committed development and its impact on facilities subject to level-of-service standards shall be recorded. Monitoring shall also include:

A.

A monthly report of all new or amended development code regulations, including changes in zoning districts.

B.

A monthly summary of all building permits.

C.

A monthly summary of all permits issued for demolition of buildings.

D.

A monthly summary of all certificates of occupancy.

2.

Concurrency rights reservation and effective period. Compliance will be finally calculated and capacity reserved at time of final action of an approved site plan, building permit if no site plan is required, or enforceable developer agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity. A building permit application must be submitted within one (1) year of site plan approval to preserve the concurrency reservation. An extension of one (1) year may be issued by the city commission. Developer agreements as described in Chapter 163, the "Florida Local Government Development Agreement Act" shall have a valid concurrency period not to exceed five (5) years or as may be modified.

TABLE I. POTABLE WATER DESIGN FLOWS

Facility Type	Water Use Gallons Per Day
Residential:
Single-family house	375
Duplex, triplex, townhouse and apartment, per unit	270
Mobile home	108
Auditorium, per seat	5
Bar or cocktail lounge, per seat	21
Boarding school (students and staff, per person)	108
Boarding house, per person	54
Bowling alleys (including bar and food service, per lane)	215
Churches, per sanctuary seat	3
Churches with kitchen, per sanctuary seat	7
Construction camps (semi-permanent, per person)	54
Day schools:
With cafeterias, gyms and showers, per pupil	27
Without cafeterias, gyms and showers, per pupil	16
With cafeterias but no gyms and showers, per pupil	21
Factories: (no processing or industrial)
With showers, per person	37
Without showers, per person	21
Hospitals:
With laundry, per bed	270
Without laundry, per bed	214
Landscape and lawn:
Per square foot of area	.35
Laundromats, per machine	428
Motels and hotels, per room	161
Movie theatres, per seat	5
Nursing homes, per bed	108
Offices, per person	21
Picnic parks:
With bathhouse shower and toilet	11
Toilets only	5
Public institutions, per person	108
Restaurants (including toilets):
24 hour, per seat	54
Not 24 hour, per seat	39
Drive-in, per car space	16
Cocktail lounge, per seat	21
Rooming houses, per day	39
Service stations:
Full service stations:
First two bays	810
Each additional bay	375
Self-service stations:
Per fuel pump	108
Shopping centers (no food service or laundry):
Per square foot of floor space	.10
Stores (no food service or laundry):
Per square foot of floor space	.10
Swimming pools, per person	10
Warehouses (no food service or laundry):
Per square foot of floor space	.10

 

In the case where the type of connection is not listed then the most suitable one is to be used.

The city retains the authority to require appropriate information to be submitted in accordance with American Water Works Association (AWWA) standards to settle any dispute.

TABLE II. SANITARY SEWER DESIGN FLOWS

Facility Type	Water Use Gallons Per Day
Residential:
Single-family house	315
Duplex, triplex, townhouse and apartment, per unit	225
Mobile home	90
Auditorium, per seat	5
Bar or cocktail lounge, per seat	18
Boarding school (students and staff, per person)	90
Boarding house, per person	45
Bowling alleys (including bar and food service, per lane)	180
Churches, per sanctuary seat	3
Churches with kitchen, per sanctuary seat	6
Construction camps (semipermanent, per person)	45
Day schools:
With cafeterias, gyms and showers, per pupil	23
Without cafeterias, gyms and showers, per pupil	14
With cafeterias but no gyms and showers, per pupil	18
Factories: (no processing or industrial)
With showers, per person	31
Without showers, per person	18
Hospitals:
With laundry, per bed	225
Without laundry, per bed	180
Laundromats, per machine	360
Motels and hotels, per room	135
Movie theatres, per seat	5
Nursing homes, per bed	90
Offices, per person	18
Picnic parks:
With bathhouse shower and toilet	9
Toilets only	5
Public institutions, per person	90
Restaurants (including toilets):
24 hour, per seat	45
Not 24 hour, per seat	33
Drive-in, per car space	14
Cocktail lounge, per seat	18
Rooming houses, per day	33
Service stations:
Full service stations:
First two bays	680
Each additional bay	315
Self-service stations:
Per fuel pump	90
Shopping centers (no food service or laundry):
Per square foot of floor space	.10
Stores (no food service or laundry):
Per square foot of floor space	.10
Warehouses (no food service or laundry):
Per square foot of floor space	.10

 

In the case where the type of connection is not listed then the most suitable one is to be used.

The city retains the authority to require appropriate information to be submitted in accordance with AWWA standards to settle any dispute.

TABLE III. SOLID WASTE GENERATION RATES

Facility Type	Generation Per Day
Residential	8.9 lbs. per unit
Industrial and commercial:
Factory/warehouse	2 lbs. per 100 square feet
Office buildings	1 lb. per 100 square feet
Department store	4 lbs. per 100 square feet
Supermarket	9 lbs. per 100 square feet
Restaurant	2 lbs. per meal per day
Drug store	5 lbs. per 100 square feet
School:
Grade school	10 lbs. per room and 1/4 lb. per pupil
High school	8 lbs. per room and 1/4 lb. per pupil
Institution:
Hospital	8 lbs. per bed
Nursing home	3 lbs. per person
Home for aged	3 lbs. per person
Rest home	3 lbs. per person