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Capital Improvement Element Provisions


Policy 1.1-a: Minimum Level of Service Standards: The minimum level of service standards for a Concurrency Reservation required for approval of a Development Order or Permit are established in the following elements:

ELEMENT Location of Level of Service
Reference in Respective Element
Transportation (roads and mass transit) Objective 1.1
Potable water and wastewater Policies 1.2-a, 1.2-b, 1.2-f, 1.2-g, 1.3-a, 1.3-b, 1.3-d, 1.3-e
Solid waste Objective 1.2
Storm water management Policies 1.1-a, 1.1-b, 1.1-c, 1.2-a, 1.2-b
Recreation/open space Objective 1.2
Fire/Rescue Policy 1.2-a
Public School Facilities Policy 1.1-a, 1.1-d

Policy 1.2-b: The County shall continue to require the applicant for a Development Order or Development Permit listed in Policy 1.2-g or Policy 1.2-h to complete a "Level of Service Impact Statement". This statement shall provide the required information regarding the potential impacts of a development on each level of service identified in Objective 1.1 of this Element, and this required information shall be the basis of review for concurrency certifications. For public school facilities, the applicant for a Development Order or Development Permit, which includes any residential component, shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy 1.1-f, and Capital Improvement Element Policy 1.2-k. (9J-5.0055)

Policy 1.2-e: In determining that the necessary facilities and services shall be in place when the impacts of the development occur, the procedures maintained in Policy 1.2-c shall continue to consider the facilities and services to be in place when:

1) The construction of the facilities or provision of services is the subject of a binding and guaranteed contract with the County, or in the case of public school facilities, the School District of Palm Beach County, that is executed and guaranteed at or before the time the Development Order or Development Permit is issued;
2) The phasing and construction of the improvements are made binding conditions of approval of the Development Order or Development Permit;
3) The necessary facilities or services are under construction and bonded at the time that the Development Order or Development Permit is issued; or
4) The necessary facilities and services are included in the County's Capital Improvement Annual Budget; or, in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table 17 of this element, which shall reflect the addition of FISH capacity for each school as shown in Appendix A, Concurrency Service Area Table, of the Public School Facilities Element.
5) In accordance with Policy 1.2-b, and upholding the exceptions detailed therein, prior to issuance of a Development Order/Permit, the School District of Palm Beach County shall determine that the level of service for public school facilities can be achieved and maintained. The necessary public school facilities shall be considered to be in place when sufficient capacity exists in the concurrency service area (CSA) in which the proposed development is located, or an immediately adjacent CSA. (9J-5.0055)