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CAPACITY RESERVATION CERTIFICATE

Orlando City Code ch. 59, pt. 6
in effect

Orlando City Code § 59.600 Introduction.

Sec. 59.600. - Introduction. The purpose of the capacity reservation process is to allow property owners and developers to ensure that capacity is available when it is needed for a particular project, and to provide a higher degree of certainty during the construction financing process. This Part shall not apply to Transportation concurrency. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)

Orlando City Code § 59.601 Application for a Capacity Reservation Certificate.

Sec. 59.601. - Application for a Capacity Reservation Certificate. An applicant for a Capacity Reservation Certificate (CRC) shall submit a written request therefor accompanied with a valid Concurrency Encumbrance Letter and a reservation fee to the CMO. The request shall also include a statement advising the CMO of any differences in the amount or allocation of the Capacity requested from that reflected in the Concurrency Encumbrance Letter. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.602 Issuance of a Capacity Reservation Certificate.

Sec. 59.602. - Issuance of a Capacity Reservation Certificate. Within twenty (20) working days of the receipt of a request for a CRC, accompanied by a valid Concurrency Encumbrance Letter and the applicable reservation fee, the Concurrency Management Official shall issue a Capacity Reservation Certificate. The Capacity Reservation Certificate shall describe the amount and length of time the capacity shall be reserved. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2024-39, § 3, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.603 Reservation Time Period.

Sec. 59.603. - Reservation Time Period. Capacity shall be reserved for a specified time frame under certain conditions. 1. [Capacity Reservation Certificate.] Capacity Reservation Certificate shall allow the applicant to reserve infrastructure capacity for up to three years. Capacity shall be reserved based on the standards and criteria for Concurrency Evaluations identified in Part 3 of this Chapter. For accounting purposes, the Concurrency Management Officer (CMO) shall reserve the requested capacity for the timeframe specified in the approved capacity reservation certificate. 2. Reserved. 3. Limit on Reservation. In no event shall the CMO allow the reservation of more than ninety percent (90%) of the available capacity of any public facility. 4. Reserved. 5. Reserved. Expiration. Upon expiration of the time frame set forth in the Capacity Reservation Certificate, if a building permit was not obtained within the reservation period, the Concurrency Management Official shall transfer the reserved capacity back to the appropriate public facility. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. of 12-13-1993, Doc. #27098; Ord. of 10-5-2009, § 8, Doc. #0910051104; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206; Ord. No. 2024-39, § 3, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.604 Capacity Reservation Fees for Capacity Reservation Certificates.

Sec. 59.604. - Capacity Reservation Fees for Capacity Reservation Certificates. A capacity reservation fee shall be required for all capacity reservation certificates. A reservation fee equivalent to 33% of estimated sewer impact fees shall be paid in order to reserve capacity for up to one year. A reservation fee equivalent to 67% of estimated sewer impact fees shall be paid in order to reserve capacity up to two years and a reservation fee equivalent to 100% of estimated sewer impact fees shall be paid in order to reserve capacity up to three years. At the time of application for a Capacity Reservation Certificate, the applicant shall be required to pay the reservation fee and a separate Reservation Administration Fee as a condition of capacity reservation. If the applicant is not reserving capacity for the entire project the fees shall only be for the actual capacity being reserved and not for the entire project. The applicant shall have 90 calendar days from issuance of a Concurrency Encumbrance Letter to remit all fees. Failure to make payment within this time frame shall be deemed to be a withdrawal of the application for CRC and the CMO shall remove the encumbered capacity. The applicant shall be required to pay all sewer impact fees due at the time of, and as a condition of, receiving a building permit, pursuant to the impact fee rate schedule in effect at the time a building permit is issued. However, the reservation fee shall be credited toward sewer impact fees applicable at time of building permit on a dollar-for-dollar basis. No credit is allowed for the Reservation Administration Fee. Reservation Fees Up to 1 Year | Up to 2 Years | Up to 3 Years Reservation Fee equal to | 33% of sewer impact fees | 67% of sewer impact fees | 100% of sewer impact fees Administration Fee | 2% of reservation fee or $2,000, whichever is less | 2% of reservation fee or $2,000, whichever is less | 2% of reservation fee or $2,000, whichever is less Possible refund | 90% refund of reservation fee | 80% refund of reservation fee | 70% refund of reservation fee (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206; Ord. No. 2024-39, § 3, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.607 Extension of Capacity Reservation Certificates.

Sec. 59.607. - Extension of Capacity Reservation Certificates. Extensions. Up to thirty (30) calendar days before the expiration date of a Capacity Reservation Certificate, the applicant may request an extension, not to exceed twelve (12) months. Any extension shall be contingent upon payment of an additional reservation fee. If the Capacity Reservation Certificate was issued less than three years ago, the extension fee is as set forth for a reservation in Section 59.604. If the Capacity Reservation Certificate was issued three or more years ago, the additional one-year reservation fee shall be an administrative fee of 2% of the sewer impact fee, or $2,000, whichever is less; and the possible refund of the sewer impact fee shall be reduced by 10%. The CMO shall determine whether the extension is warranted, based on the following criteria: 1) Size of the project and the amount of capacity requested. A limit may be put on the amount of capacity that may be extended; and 2) Phasing; and 3) Location of the project; and 4) Capacity availability within the service area; and 5) Reasons for requesting the reservation time period extension; and 6) Whether developer exercised good faith in attempting to acquire a building permit. The administration fee is nonrefundable and cannot be credited against impact fees at the time of permitting. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)

Orlando City Code § 59.609 Transfer of Certificates.

Sec. 59.609. - Transfer of Certificates. All certificates are valid only for the specific property described in the original application. Capacity may be reassigned or allocated within the boundaries of the original reservation certificate by application to the CMO. At no time may capacity or any certificate be sold or transferred to another party or entity without the real property described in the original application. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)
Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH59COMA_PT6CARECEFetched: 11/1/2026

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