§ 160.33. Expiration of Certificate of Concurrency.

Development of the project (or phase) may proceed only if it has a valid and unexpired building permit before the COC expires.

(A)

The COC will expire no earlier than the earliest of the following:

(1)

Three (3) years from the date of issuance, except to the extent that building permits have been issued for the proposed development for which the COC was approved, and the proposed development is then completed pursuant to the terms of the Port St. Lucie Building Code; or

(2)

Five (5) years from the date of issuance for development comprised of more than five hundred (500) dwelling units, or for a phased increment of development comprised of more than one hundred fifty (150) dwelling units, or for a commercial or industrial development of more than one hundred thousand (100,000) square feet GLA, except to the extent that building permits have been issued for the proposed development for which the COC was approved, and the proposed development is then completed pursuant to the terms of the Port St. Lucie Building Code, provided the COC holder:

a.

Obtains approval of its final subdivision plat or final site development plan within twelve (12) months from the date of issuance of the COC;

b.

Commences construction of the infrastructure for the final subdivision plat or final site development plan within twenty-four (24) months from the date of issuance of the COC; and

c.

Completes the construction of the infrastructure for the final subdivision plat (and records final plat) or final site development plan within thirty-six (36) months from the date of issuance of the COC; or

[For purposes of determining the expiration of a COC for a mixed use development, the size of the mixed use development shall be determined by aggregating the percentage of the threshold for each land use component that is proposed for the mixed use development.]

(3)

Expiration of the development order plus permitted extensions and renewals.

(B)

(1)

The COC's expiration date may exceed the otherwise normal three (3) years from the date of its issuance and occur at a negotiated date for any of the following:

a.

Development of Regional Impact (DRI) or a Florida Quality Development (FQD), or phase thereof; or

b.

Local government land development agreement (F.S. § 163.3220) secured project, or phase thereof.

(2)

Upon approval by the City Council, any applicant may enter into a development agreement with the City in conjunction with the approval of a development order and/or Certificate of Concurrency. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the COC in order to ensure that adequate public facilities are available to serve the proposed development concurrent with the impacts of development.

(3)

Development agreements may address conditional development order approvals and conditions for renewal of the COC beyond five (5) years, however, the duration of any COC shall not exceed five (5) years. Development agreements may also provide for private provision of public facilities or for a joint endeavor between the private sector and the City to provide public facilities. Other methodologies for concurrency exceptions per F.A.C. § 91-5.005, may be utilized as a part of development agreements. Any public facility in the five-year schedule of capital improvements in the CIE or CIP on which such a COC is made in conjunction with the approval of a development order and a development shall not be delayed, deferred, or removed from the five-year schedule of improvements in the CIE or CIP.

(4)

The development order must be based on a detailed analysis of the public facility impacts of the project to determine any fair-share mitigation (e.g., a developer's front-end capital contribution or payment of impact fees), such contribution may effectively reserve the capacity of that contribution for the developer's future use.

(C)

In addition to the above, subdivision plats have special provisions as follows:

(1)

An improved and platted subdivision will remain certified for home building until its certificate expires; then, the developer may apply for another COC for the entire subdivision or any phase or home site separately. Long-term negotiated agreements and certification would depend on the developer investing in front-end capital contribution to reserve capacities beyond the normal three-year certification.

(Ord. No. 99-19, § 1, 4-12-99)