§ 30-586. Capacity waiting list.  


Latest version.
  • (1)

    Applicants who receive a capacity encumbrance denial letter due to insufficient capacity within an applicable service area may elect to be placed on the capacity waiting list. The county does not maintain a capacity waiting list for school capacity. Placement on the capacity waiting list will serve to confirm a valid application for a capacity encumbrance letter and will serve to ensure an equitable "first come-first served" processing of applications. Projects on the capacity waiting list shall be offered capacity as it becomes available on a "first come-first served" basis. Applicants will be notified by certified mail that capacity is available for allocation to their specific project and advised as to any additional information or documentation required to facilitate updating and final review of their application. If the available capacity is insufficient to accommodate the project as a whole, the CMO shall nevertheless offer the available capacity to the applicant, and the applicant may:

    (a)

    Reserve the available capacity by payment of the required fee to obtain issuance of a capacity encumbrance letter as respects the then available capacity, and either:

    (i)

    Remain in place on the waiting list and continue waiting for additional capacity, or

    (ii)

    For transportation facilities deficiencies only, utilize the proportionate share contribution for the additional capacity required for the specific parcel.

    (2)

    Reject the offer of capacity, in which event the available capacity shall be offered to the next applicant on the waiting list.

    (a)

    Within thirty (30) days following receipt of an applicant of a written offer of capacity, the applicant shall (i) supply such additional information or otherwise finalize the pending application as required by the CMO, (ii) pay the required fee for issuance of the capacity encumbrance letter, and (iii), if applicable, submit a request to pursue the proportionate share contribution for the provision of transportation facilities only.

    (b)

    Failure to accept the offered capacity by timely providing the updating information requested by the CMO and paying the applicable capacity encumbrance fee will result in nonissuance of the capacity encumbrance letter and removal of the applicant from the capacity waiting list.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 96-15, § 12, 5-14-96; Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2013-13 , § 2, 5-21-13)