Part 11. DEFINITIONS


For purposes of this Chapter, the following words and phrases have the following meanings.

Annual Capacity Availability Report. A report shall be prepared on or by September 1 of each year for the previous twelve (12) month period to include capacity used and projected capacity demand for the next five (5) years, in annual increments, indicating available and projected capacity for each public facility, and identifying those programmed capital improvements for each public facility that will correct deficiencies or improve level of service standards, summary of development activity, and recommendations.

Building Permit. For purposes of Chapter 59, a permit which authorizes the construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or 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, reserved, or committed to future users for a specific public facility or service.

Capacity, Committed. Capacity which has been committed to specific projects, such as Developments of Regional Impact, Projects in the Capital Improvement Programs, Public Schools, and Low and Moderate Income Housing and Attainable Income.

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

Capacity, Encumbered. Capacity which has been removed from the available capacity bank through the issuance of a Concurrency Encumbrance Letter.

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 set period of time.

Capacity Reservation. See Capacity, Reserved.

Capacity, Used. Capacity which is being used by existing residents and development.

Capacity, Vested. Capacity which has been withdrawn from the available capacity bank through issuance of a vesting determination or phasing agreement.

Capacity Waiting List. Applicants that have been denied a Concurrency Encumbrance Letter and have applied to be put on a Capacity Waiting List. Applicants on the waiting list shall be offered capacity as it becomes available on a "first come, first served" basis.

Capacity Reservation Certificate. A Certificate issued by the City pursuant to the terms and conditions of this Chapter which constitutes the proof that adequate capacity for each required public facility has been reserved to serve the densities and intensities of development within the time frame designated on the certificate.

Change of Use. For purposes of this Chapter, any change, redevelopment or modification of use of an existing building or site, according to Figure 3, Chapter 58, Land Use Intensity Chart.

Concurrency Encumbrance. See Capacity, Encumbered.

Concurrency Encumbrance Letter. A Letter issued by the City upon finding that adequate capacity for each public facility is available and has been encumbered for a certain number of days consistent with City Code, to serve the densities and intensities of development designated on the application.

Concurrency Evaluation. Evaluation by the CMO based on adopted LOS standards to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development as defined in this Chapter.

Concurrency Verification Letter. An informational and non-binding letter for a specific development or property that indicates available capacity for each public facility based upon adopted LOS standards established in this Chapter at the time the letter is issued and does not guarantee capacity in the future, nor does the letter encumber capacity for any period of time.

Developer's Agreement. An agreement entered into between the City and another party associated with the development of land, including agreements associated with development orders issued pursuant to Florida Statutes § 380.01.

Development Completion. All components of a development are completed and a Certificate of Occupancy has been issued.

Final Local Development Order. For the purposes of this Chapter, a valid, unexpired building permit issued prior to the effective date of this Chapter, or a phasing agreement entered into pursuant to Part 9 of this Chapter, or a recorded final plat for a one or two family residential subdivision.

Hearing Officer. The officer established pursuant to this Chapter empowered to make determinations regarding vested rights and other matters outlined in Part 9.

Level of Service Standard. The measurement indicating the degree of service provided by, or proposed for a facility based on operational characteristics of the facility.

Mobility. The state of being in motion or dimensions of quality of travel, quantity of travel, accessibility to land uses and travel modes utilization. Mobility also refers to the offered transportation mode choices to support a sustainable urban environment as well as a balanced regional progress.

Public Facilities and Services. Those public facilities and services for which level of service standards have been established in the City of Orlando's Growth Management Plan, and are recognized in this Chapter, and which include the following: 1) Roads, 2) Public Transportation, 3) Wastewater, 4) Stormwater, 5) Solid Waste, 6) Potable Water, 7) Parks & Recreation.

Reservation Period. The length of time for which a capacity reservation certificate is issued.

Roads. Major thoroughfare network.

Trip End. A single or one-directional vehicle movement.

(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. of 4-21-1997, Doc. #30216; Ord. of 10-29-2007, § 1, Doc. #0710291002; Ord. of 6-22-2009, § 2, Doc. #0906221104; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)