Impact Fees and Concurrency Certificates

On January 23, 2007, the Board of County Commissioners approved amendments to Chapter 910, Concurrency Management System, of the County’s Land Development Regulations (LDRs). These amendments are effective March 1, 2007. The following requirements apply:

I. Initial/Final Concurrency applications/certificates (these certificates vest capacity) will be processed/issued only in conjunction with building permits.

a. For commercial (non-residential) and multi-family residential projects: Initial/final concurrency applications will be accepted only if associated with a building permit application.

b. For single family residential projects: Concurrency applications will be accepted only in conjunction with single family building permit applications.

II. An applicant with a project that impacts a deficient link that is in county’s current CIP has only one option:

Enter into a proportionate fair share agreement, pay all applicable impact fees and utility capacity charges, satisfy all concurrency requirements and obtain an initial -7 (CCI7) concurrency certificate.

III. An applicant with a project that impacts a deficient link that is not in county’s current CIP has two options:

a. The applicant may enter into a developer’s agreement to improve the deficient link, enter into a proportionate fair share agreement, and apply for an amendment of the county’s CIP to add the improvement project for the deficient link. The applicant shall demonstrate that adding the roadway project to the 5 year CIP will maintain the financial feasibility of CIP.

b. Wait until the link is added to the county CIP and then apply for a proportionate fair share agreement.

IV. An applicant with a project that meets all concurrency requirements may:

Enter into a non-proportionate fair share developer’s agreement that commits the applicant to construct a major capacity producing transportation improvement, pay all applicable impact fees and utility capacity charges, and obtain an initial-7 (CCI7) concurrency certificate.