§ 30-593. Reservation time period.  


Latest version.
  • (1)

    Types of capacity reservations. Capacity shall be reserved for a specified time frame under certain conditions. Pursuant to this section, an applicant may request one (1) of two (2) different types of capacity reservations:

    (a)

    Fixed time frame capacity reservation certificate. A fixed time frame capacity reservation certificate shall allow the applicant to reserve capacity for up to three (3) years. Reservations may be made for one (1), two (2) or three (3) years. A specific quantity of capacity must be requested for use during each year of the reservation time frame. Capacity for fixed time frame capacity reservation certificates shall be reserved based on the standards and criteria for concurrency evaluations identified in division 3 of this article. For accounting purposes, the CMO shall reserve the requested capacity for each year from the appropriate capacity bank. Except as provided in sections 30-594 and 30-595 below, a fixed time frame capacity reservation certificate will allow the applicant to utilize the capacity reserved for a particular year only during the one-year period specified in the certificate.

    (b)

    Flexible time frame capacity reservation certificate. A flexible time frame capacity reservation certificate shall allow the applicant to reserve capacity for three (3) years based on the standards and criteria for concurrency evaluations identified in division 3 of this article. The total capacity requested must be reserved for the full duration of the reservation. However, for accounting purposes, the CMO shall allocate the requested capacity equally for each year from the appropriate capacity bank. A flexible time frame capacity reservation certificate will allow the applicant to utilize the capacity at any time during the term of the certificate.

    (2)

    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 CMO shall transfer the reserved capacity to the available capacity bank.

    (a)

    If a building permit was issued, but the project has not completed build-out, the applicant can request from the CMO, an extension, not to exceed three (3) additional years, providing that all capacity reservation fees have been paid for the project at the time of the extension request and there is not a capacity waiting list within the location of the project.

    (b)

    Notwithstanding the existence of a capacity waiting list, if the applicant can demonstrate that the development is proceeding in good faith, the CMO may grant an extension. Failure of the development to proceed in good faith during any extension of the reservation period shall be grounds for the CMO to terminate the extension after thirty (30) days' written notice of intent to terminate has been given to the applicant, and providing the applicant is given an opportunity to be heard on the issue of whether the development has proceeded in good faith.

    (c)

    If the county delays progress on the applicant's project through no fault of the applicant, notwithstanding the existence of a capacity waiting list, the applicant may request an extension of the capacity reservation certificate, which may be granted by the CMO.

    (d)

    Notwithstanding the existence of a capacity waiting list, if the applicant has been required to execute a capacity enhancement agreement with the School Board of Orange County, and the terms of that agreement result in the delay of the applicant's development (through no fault of the applicant), then the applicant may request an extension of the capacity reservation certificate, which may be granted by the CMO.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 96-15, § 16, 5-14-96; Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2009-32 , § 11, 11-3-09; Ord. No. 2011-02 , § 11, 3-8-11; Ord. No. 2012-07 , § 6, 3-6-12; Ord. No. 2013-13 , § 2, 5-21-13)