§ 4.02.04. Submittal Requirements and Review Procedures

A.

Mandatory Determination

1.

Application. An application for a mandatory determination of capacity shall be submitted concurrently with either a Preliminary Plat, Preliminary Site Development Plan, or site construction plan submittal and shall contain the information required by the Development Review Procedures Manual, Sections 4.1.4 and 4.1.5. A determination of capacity shall only apply to those specific land uses, densities and intensities as described in the application.

B.

Review and Determination

Applications shall be reviewed as provided in the Development Review Procedures Manual.

C.

Duration of Capacity Reservation Approval

1.

Upon determination that capacity exists to meet concurrency requirements in all elements applicable to the proposed development, a Concurrency Certificate of Capacity shall be issued at the time of Preliminary Site Development Plan Approval, Subdivision Preliminary Plat, or construction plan approval. If Preliminary Site or Plat approval is obtained, the certificate shall be good for a period of six months or until construction plan approval is obtained, whichever is sooner. If construction plan approval is not obtained within the allowed period, the Certificate will expire and a new determination of capacity will be required at the time of construction plan review. If Preliminary Site or Plat approval is obtained and a construction plan has been submitted, but not approved, Hillsborough County may consider a three-month extension of the Certificate of Capacity.

2.

The Certificate of Capacity is good for a two-year period upon construction plan approval.

3

At issuance of the Certificate of Occupancy the Certificate of Capacity becomes permanent, except school concurrency for single-family platted subdivisions.

4.

School Concurrency Certificate of Capacity shall become permanent upon Subdivision Final Plat approval.

5.

A Certificate of Capacity shall run with the land.

D.

Extension of Certificate of Capacity

1.

The two-year Certificate of Capacity may be extended, concurrent with extension of the proposed development's construction plan approval in two-year increments if a request is made to the Administrator at least 30 days prior to the termination of the original approval.

2.

The extension shall be for the original site use and configuration only. Approval for extension will not be granted if the project is not in compliance with all current requirements.

3.

The holder of a Certificate of Capacity may cancel the Certificate at any time. That development's reserved capacity will then be returned to the system for use by other developments.

E.

Appeals

The Administrator's decision may be appealed to a Land Use Hearing Officer in accordance with the requirements of 10.05.01.

F.

Capacity Reservation

Upon issuance of the certificate of capacity from a mandatory determination, capacity is reserved for the proposed development. This reserved capacity shall be used in subsequent determinations of capacity for other developments.

(Ord. No. 01-26, § 2, 9-12-01; Ord. No. 07-25, § 2, 11-1-07, eff. 2-1-08; Ord. No. 08-10, § 2(Exh. A), 7-10-08; Ord. No. 14-3, § 2(Exh. A), (Item IV-A), (13-0719), 1-30-14, eff. 2-6-14; Ord. No. 16-13, § 2(Exh. A), 6-16-16, eff. 7-30-16)

Note— See the editor's note to § 4.02.02.