§ 30-501. Definitions.

Adjacency review: The review of school concurrency service areas adjacent to the school concurrency service area in which the proposed residential development is located as required by section 18.6(e) of the interlocal agreement.

Adjusted FISH capacity: The number of students who can be served in a permanent public school facility as provided in the Florida Inventory of School Houses ("FISH"), adjusted to account for the design capacity of modular or in-slot classrooms on the campuses designed as modular or in-slot schools, but not to exceed core capacity.

Adverse trip: A vehicle trip on a segment of a failing transportation facility.

Alternative mobility area (AMA ): A designated transportation concurrency exception area established for the purpose of promoting urban infill development or redevelopment and maximizing the use of existing public infrastructure pursuant to Objective T2.3 and Map 16 in the Transportation Element of the County's adopted Comprehensive Plan.

Annual capacity availability report: A report prepared on or by October 1 of each year specifying, among other things, capacity used for the preceding year, and available, encumbered, and reserved capacity for each public facility and service. Pursuant to section 46.2 of the interlocal agreement, the school board shall provide information by March 1 of each year to the county with regard to public school enrollment, capacity, and levels of service for each school concurrency service area.

Appeal: A request for a review of an administrative interpretation of any provision of this article, or a review of a decision made by any administrative official or board or commission.

Applicant: A person or entity who files an application under this article.

Application: Any document submitted by an applicant under this article including, but not limited to, any of the following:

(1)

An application submitted to the concurrency management official seeking a capacity encumbrance letter;

(2)

The appeal of the denial of a capacity encumbrance letter;

(3)

An application to be placed on a capacity waiting list;

(4)

An application for a proportionate share agreement (for transportation) or for proportionate share mitigation (for schools); or

(5)

An application for, or proposal of, a transportation concurrency mitigation plan for a project that, if approved, will allow a capacity encumbrance letter to be issued.

Area of influence: The geographical transportation network of roadway segments on which the proposed project is tested.

Available school capacity: The ability of a school concurrency service area to accommodate the students generated by a proposed development at the adopted level of service standards. Available school capacity shall be derived using the following formula for each school type:

Available School Capacity = (School Capacity x Adopted Level of Service ) - (Enrollment + Reserved Capacity )

Where:

Adopted Level of Service = the ratio, expressed as a percentage, of enrollment to school capacity as jointly adopted by the school board and local governments.

Enrollment = student enrollment as counted in the most recent official October count.

Reserved Capacity = the total amount of school capacity reserved for all residential developments within a school concurrency service area.

Building: Any structure that encloses or covers a space used for sheltering any occupancy.

Building permit: For purposes of this article, a permit which authorizes, (i) the construction of a new building, or (ii) the expansion of a floor area or the increase in the number of dwelling units contained in an existing building, or (iii) change in use, shall qualify as a building permit.

Capacity: Refers to the availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as gallons per day or average daily trip ends.

Capacity, available: Capacity which can be encumbered or reserved to future users for a specific public facility or service.

Capacity commitment agreement: A developers agreement or capacity enhancement agreement, whether individually or as part of a consortium of capacity enhancement agreements, executed prior to September 9, 2008, containing commitments to fund wholly or partially the construction of public school facilities to provide school capacity at identified public schools required to serve the affected residential developments.

Capacity, encumbered: Capacity which has been removed from the available capacity bank through the issuance of a capacity encumbrance letter.

Capacity encumbrance letter: A letter issued by the county based upon a determination by the CMO that adequate capacity for each public service and facility is available and has been encumbered pursuant to section 30-588 to serve the densities and intensities of development designated on such capacity encumbrance letter.

Capacity enhancement agreement: A legally enforceable and binding agreement between an applicant and the school board (and, when necessary, the county), committing to mitigation determined to be necessary by the school board to avoid or mitigate overcrowding individual schools impacted by the proposed residential development pursuant to the comprehensive plan public schools facilities element policy PS6.3.1.

Capacity information letter: An informational and nonbinding letter for a specific development or property which indicates available capacity for each public facility based upon adopted LOS standards at the time the letter is issued but which does not (i) guarantee capacity in the future, nor (ii) encumber, commit or reserve capacity for any period of time. Capacity information letters for schools are issued by the school board.

Capacity, permitted: Capacity, which has been removed from the reserved or encumbered capacity bank and has been committed to a particular property through issuance of a building permit.

Capacity reservation certificate: A certificate issued by the county pursuant to this article, which constitutes proof that adequate capacity for each required public facility or service exists and has been reserved to serve the densities and intensities of development within the time period designated on such certificate.

Capacity reservation fee: The fee, as established by resolution of the board of county commissioners, that is required to be paid to the county as a condition of capacity reservation in the amount equivalent to the then applicable impact fees calculated on the basis of the capacity reserved for the term of the capacity reservation certificate:

(1)

Less any outstanding impact fee credits applicable to the property; and

(2)

For a project which has received a certificate of affordability from the county's housing and community development division, less any transportation impact fees due for the affordable housing units within the project, provided that, for purposes of this subsection only, the calculation of the amount of such transportation impact fees shall not be reduced by the discounts authorized by Ordinance No. 92-10.

Capacity, reserved: Capacity which has been removed from the available or encumbered capacity bank and allocated to a particular property through issuance of a capacity reservation certificate reserving capacity for a period of time specified in such capacity reservation certificate. For schools, capacity is reserved through the issuance of a certificate of school concurrency or the execution of a proportionate share mitigation agreement.

Capacity, vested: Transportation capacity which has been withdrawn from the available capacity bank through issuance of a trip-based vesting determination or phasing agreement.

Capacity waiting list: A chronological listing of applicants that have been denied a capacity encumbrance letter and have applied to be put on the capacity waiting list. Applicants on the capacity waiting list shall be offered capacity as it becomes available on a "first come-first served" basis. The county does not maintain a capacity waiting list for schools.

Certificate of school concurrency: A written determination by the county based on a finding of the school board that available school capacity is sufficient to accommodate the residential development and has been reserved for such development. A certificate of school concurrency may be included in a consolidated capacity reservation certificate.

Change of use: For purposes of this article, any proposed change of use, redevelopment or modification of the character, type or intensity of use of an existing building or site.

CIE: Capital improvements element of the comprehensive plan required pursuant to F.S. § 163.3177(3)(a).

CIP: Capital improvements program, a five-year schedule of capital improvements adopted annually in conjunction with the county budget. The CIP is part of the adopted CIE. For schools, the CIP includes the five-year district facilities work program of the school district's educational facilities plan adopted in accordance with F.S. § 1013.35.

CMO: Concurrency management official, the county administrator or his or her designee.

Collateral assignee: That person or entity to which a capacity encumbrance letter or capacity reservation certificate is collaterally assigned in accordance with the terms and conditions of this article as security for a loan encumbering the real property described in, and which is the subject of, either a capacity encumbrance letter or a capacity reservation certificate.

Comprehensive plan: The Orange County 2010-2030 Comprehensive Plan required pursuant to F.S. § 163.3177 (adopted by the board of county commissioners on May 19, 2009, as may be amended or replaced from time to time).

Concurrency: Growth management laws intended to ensure that the necessary public facilities and services are available concurrent with the impacts of development.

Concurrency management database: Inventory of public facilities subject to concurrency including, for transportation, traffic counts and tracking of encumbered, reserved, and (where data is available) vested trips.

Concurrency evaluation: Evaluation based on adopted LOS standards to ensure that public facilities and services required as a result of new development are available concurrently with the impacts of such development, as defined in this article.

Concurrency management system (CMS): The adopted procedures and/or processes used to ensure that public facilities that are required as a result of new development are available concurrently with the impacts of such development consistent with F.S. § 163.3180.

Core capacity: The maximum number of students that can be effectively served in a school dining facility.

County: Orange County, a charter county and a political subdivision of the State of Florida.

County Code: The new (recodified) Code for Orange County, Florida, adopted by the board of county commissioners in and by virtue of Ordinance No. 91-9 approved April 16, 1991, and effective April 26, 1991, as may be amended, modified, and/or recodified from time to time.

County vested rights ordinance: Divisions 2, 3, and 4 of article XI, chapter 30 of the County Code as may be amended from time to time.

Developer's agreement: An agreement entered into between the county and/or the School Board and one (1) or more persons or entities associated with the development of land including, but not limited to, agreements associated with development orders issued pursuant to F.S. 380.06.

Development analysis: The document required to be prepared and submitted under section 30-563 of this article and section 18.4 of the interlocal agreement as a requirement for the review of a school concurrency determination application for evaluating the impacts of a proposed residential development on school concurrency.

Development completion: The time at which all components of a development are completed and a certificate of occupancy has been issued.

Development impact (schools): The projected students from a residential development as a result of a development application or a school concurrency determination application calculated by multiplying the proposed number of dwelling units by the student generation rates by school type as set forth in the most recent school impact fee study as may be amended from time to time.

DRC: Development review committee.

Encumbrance period: The period following the date of issuance of a capacity encumbrance letter for which period capacity is encumbered pursuant to such capacity encumbrance letter.

Exempt development: Any development that qualifies for an exemption pursuant to section 30-374 of this chapter or section 18.2 of the interlocal agreement.

FDOT: The Florida Department of Transportation.

FISH: Florida Inventory of School Houses; an inventory of educational facilities within each school district that is required by the Florida Department of Education to be updated annually.

FSUTMS: The Florida Standard Urban Transportation Model Structure is a formal set of modeling steps, procedures, software, file formats, and guidelines established by the Florida Department of Transportation (FDOT) for use in travel demand forecasting throughout the state.

In-slot (modular) classrooms: Relocatable classrooms that conceptually "slide" into the spaces along a common walkway, as part of a modular campus which is characterized by a campus with brick and mortar core facilities and covered concrete walkways leading to the relocatable classrooms, list of which may be obtained from the school board. With the exception of in-slot (modular) classrooms, relocatable classrooms are not considered permanent capacity.

Land development code: Those portions of the County Code that the county is obligated to enforce pursuant to F.S. ch. 163, which regulate the development and/or use of real property and that are consistent with and implement the comprehensive plan pursuant to the requirements of F.S. § 163.3202.

Long-Term Transportation Concurrency Management System (LTTCMS): A schedule of transportation capital improvements adopted into the CIE intended to achieve the adopted LOS within a 10-year timeframe.

LOS: Level of service standard, which is the measurement indicating the degree of service provided by, or proposed for, a designated public facility based on the operational characteristics of such facility.

Mitigation plan: A plan or proposal by the applicant for a project by which the applicant proposes to improve public facilities to mitigate the impacts of the applicant's project.

Pedestrian connectivity index: A link-to-node ratio defined as the number of links (street segments between intersections and cul-de-sacs) divided by the number of nodes (total number of intersections and cul-de-sacs).

PM peak hour peak directional trips: The vehicle trips in the direction of higher travel demand on a road during the evening peak commuting period.

Project: The particular lot, tract of land, structure or other development unit for which the applicant files an application under this article.

Project that promotes public transportation: A development within the urban service area that directly affects the provision of public transit, including transit terminals, transit lines and routes, separate lanes for the exclusive use of public transit services, transit stops (shelters and stations) office buildings or projects that include fixed-rail or transit terminals as part of the building, and projects which are transit-oriented and designed to complement reasonably proximate planned or existing public facilities consistent with Policy T2.8.1 and Section 163.3164(37), Florida Statutes.

Project trip: A new vehicle trip that begins or ends within the project and that uses one (1) or more off-site roads.

Proportionate share mitigation: An improvement or contribution made by an applicant pursuant to a binding and enforceable agreement between the applicant school board and the county to provide monetary compensation or other mitigation for the additional demand on deficient public school facilities created by a proposed residential development, as mandated in F.S. § 163.3180(6)(h)2., and as set forth in section 30-622(4) of this article and section 19 of the interlocal agreement.

Public facilities and services: Those public facilities and services for which level of service (LOS) standards have been established in the Comprehensive Plan, and which include the following:

(1)

Roads;

(2)

Wastewater;

(3)

Stormwater;

(4)

Solid waste;

(5)

Potable water;

(6)

Parks and recreation;

(7)

Mass transit; and

(8)

Schools.

RAC: Road agreement committee.

Reservation period: The length of time for which capacity is reserved pursuant to a capacity reservation certificate.

Residential development: Any development that is comprised of residential units, in whole or in part, for nontransient human habitation, and includes single-family and multifamily dwelling units, regardless of whether the approval procedure for such development is considered commercial or residential.

Road agreement committee: (RAC) A staff committee that reviews agreements related to roads and transportation impact fee credits pursuant to Administrative Regulation 4.03, as may be amended from time to time.

Roads: Major thoroughfare network.

Roadway segment: A portion of a road defined by two (2) end points, usually the length of road from one (1) signalized intersection to the next signalized intersection.

School board: The school board of Orange County, Florida, which is the governing body of the school district of Orange County, Florida.

School concurrency: Pursuant to F.S. § 163.3180(6)(h)2., the requirement that public school facilities adequate to maintain level of service standards be in place or be scheduled to be under construction within three (3) years after the issuance of final subdivision or site plan approval or the functional equivalent.

School concurrency determination application: The written submittals for the determination of available school capacity for a residential development or a phase of a residential development, which is included as part of an application for site plan approval.

School concurrency service area: A geographic area in which the level of service standards are measured by the school board for each school type (elementary, middle, high) as designated in the public school facilities element of the county's comprehensive plan and the interlocal agreement.

School type: The category of public school based on the level or type of instruction, whether elementary school grades, middle school grades, or high school grades.

Site plan: Site plan shall be the point at which school concurrency is imposed. For multifamily projects this shall mean commercial site plan. For single-family projects, this shall mean preliminary subdivision plan; provided, however, that a capacity reservation certificate shall not be required until prior to plat approval.

Student generation rates: The number of students generated by development type and school type as set forth in the most recent school impact fee study as may be amended from time to time.

Subdivision: Any subdivision of land as defined in chapter 30, article III of the County Code.

Transportation concurrency: Transportation facilities are deemed to be concurrent when facilities needed to serve new development are in place or under actual construction within three (3) years after the local government approved a building permit or its functional equivalent that results in traffic generation.

Trip end: One (1) end of a vehicle trip.

VMT: Vehicle-mile(s) of travel generated by the project.

Vehicle trip: A vehicle movement in one (1) direction from an origin to a destination.

Vested rights: The right to develop, or continue to develop, a project notwithstanding the project's inconsistency with the county concurrency management system and/or county comprehensive plan, provided a vested rights certificate has been obtained pursuant to the county vested rights ordinance.

(Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2013-13 , § 2, 5-21-13)