§ 30-621. When concurrency appeal/mitigation/proportionate share contribution procedures (transportation)/proportionate share mitigation (schools) apply.

The concurrency appeal/mitigation procedures described in this division shall apply in the following circumstances:

(1)

An application has been denied; or

(2)

The applicant has proposed a mitigation plan for his project in order to satisfy the adopted level of service standards; or

(3)

An application has been denied for transportation facilities deficiencies only and the applicant has proposed to enter into a binding agreement to pay for or construct its proportionate share of required improvements ("proportionate share agreement"). Provided the proposed development is consistent with the CP, the applicant may satisfy the county's transportation concurrency requirements by entering into a proportionate share agreement, that may include, but shall not be limited to, the construction of intersection improvements, turn lanes, or signals, under the following circumstances:

(a)

The proportionate share contribution may be the proportionate share of the cost of a transportation improvement funded for construction in the county's five-year CIP, or in the ten-year capital improvements schedule (CIS) that, upon completion, will provide transportation facilities necessary to serve the development; or

(b)

If a transportation improvement that, upon completion, would provide transportation facilities necessary to serve the proposed development is included in the county's LTTCMS , but is not included in the CIP or CIS the applicant may pay for or construct its proportionate share of an improvement, provided it is sufficient to accomplish one (1) or more mobility improvements.

(c)

If there is no transportation improvement available under subsection (a) or (b) hereof, the applicant may propose construction of, or a proportionate share contribution to, a transportation improvement that, in the opinion of the governmental entity or entities maintaining the transportation facilities, is sufficient to accomplish one (1) or more mobility improvements. If the county accepts construction of, or a proportionate share contribution to, such transportation improvement, the county will add the transportation improvement to the CIP at the next available opportunity.

(4)

Schools. An application for a school capacity encumbrance letter has been denied and the applicant proposes proportionate share mitigation to address the project's impacts. The proposed project must be otherwise consistent with the Comprehensive Plan and the proposed proportionate share mitigation shall fall within one (1) of the following categories:

(a)

The project will be served by a school improvement that, upon completion, will satisfy the requirements of the county concurrency management system, is included in the district facilities work program (which is included in the five-year CIP in the county CIE); or

(b)

The applicant proposes a proportionate share mitigation or contribution to an improvement, approved by the county and school board, that will satisfy the requirements of the county concurrency management system, but is not currently contained in the district facilities work program (that is included in the five-year CIP). The school board and county shall commit to add the improvement to the district facilities work program and five-year CIP no later than the next regularly scheduled update of the school district facilities plan and CIE.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 96-15, § 24, 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)