§ 156.05  ADEQUACY APPROVAL.
   (A)   Required.  ATC is required for all years in the current six-year CIP.
   (B)   Designation as inadequate.  No project may be approved by the Commission if a public facility or service is inadequate or projected to be inadequate during the current CIP, unless a relief facility is planned to address the inadequacy or the developer provides mitigation acceptable to the county or the Board of County Commissioners has determined that exceptional circumstances exist to allow the approval despite the inadequacy or approaching inadequacy. No residential plat may be recorded or final residential site plan approved until a relief facility planned to address the inadequacy in the current CIP has construction underway and completion is anticipated within six months or the developer provides mitigation acceptable to the county or the Board of County Commissioners has determined that exceptional circumstances exist.
   (C)   Preliminary approval.  For projects that received preliminary approval by the Commission after March 5, 1998, and prior to April 22, 2004, the developer shall submit the project to the Commission for issuance of a recordation schedule and building permit reservations. For projects that received preliminary approval by the Commission prior to March 5, 1998, the project shall be tested for adequacy when final plan approval is sought pursuant to § 156.06(E).
   (D)   Threshold requirements.
      (1)   Adequacy.
         (a)   Schools.  An elementary or high school serving a proposed project is adequate, for the purposes of this subchapter, when current or projected enrollment equals or is less than 109% of the state-rated capacity. A middle school serving a proposed project is adequate, for the purposes of this subchapter, when current or projected enrollment equals or is less than 109% of the functional capacity.
         (b)   Roads.  Projected level of service for road segments and intersections within the traffic impact study area for the proposed project is adequate if rated Level of Service C or better, according to the Department of Public Works or by the state, as applicable.
         (c)   Fire and emergency medical services.  Services are adequate if:
            1.   Total number of late and no responses is less than 15%, and the total number of no responses is less than 4% measured on a 24-month basis, updated monthly;
            2.   Using an average over the previous 24 months, response time is eight minutes or less from time of dispatch to on-scene arrival with adequate apparatus and personnel; and
            3.   All bridges and roads for the most direct route or acceptable secondary route to the project site are adequate to support fire and emergency response apparatus.
         (d)   Police services.  Services are adequate if the projected ratio of sworn law enforcement officers to population is 1.3:1,000. The ratio shall be calculated by counting all sworn officers with law enforcement responsibility in an incorporated municipality or within the county and by counting the total population within the incorporated municipalities and within the unincorporated county.
         (e)   Water and sewer services.  For water services, the facility is adequate if the maximum day demand is less than 85% of the total system production capacity. For sewer services, the facility is adequate if the projected annual average daily flow is less than 85% of the wastewater treatment facility permitted capacity.
      (2)   Approaching inadequacy.
         (a)   Schools.  An elementary school serving a proposed project is approaching inadequate, for the purposes of this subchapter, when current or projected enrollment is 110% to 119% of the state-rated capacity. A middle school serving a proposed project is approaching inadequate, for the purposes of this subchapter, when current or projected enrollment is 110% to 119% of the functional capacity. A high school serving a proposed project is approaching inadequate, for the purposes of this subchapter, when current or projected enrollment is 110% to 119% of the state-rated capacity.
         (b)   Roads.  Projected level of service for road segments and intersections within the traffic impact study area for the proposed project is approaching inadequate if rated Level of Service D, according to the Department of Public Works or by the state, as applicable.
         (c)   Fire and emergency medical services.  Services are approaching inadequate if:
            1.   Either the total number of late and no responses equals or exceeds 15%, or the total number of no responses equals or exceeds 4% measured on a 24-month basis, updated monthly, but not both; or
            2.   Using an average over the previous 24 months, response time is between eight and ten minutes from time of dispatch to on-scene arrival with adequate apparatus and personnel.
         (d)   Police services.  Services are approaching inadequate if the projected ratio of sworn law enforcement officers to population is between 1.2-1.3:1,000. The ratio shall be calculated in accordance with division (D)(1)(d) above.
         (e)   Water and sewer services.  For water services, the facility is approaching inadequate if the projected maximum day demand is equal to or greater than 85% but less than 95% of the total system production capacity. For sewer services, the facility is approaching inadequate if the projected annual average daily flow is greater than or equal to 85% but less than 95% of the wastewater treatment facility permitted capacity.
      (3)   Inadequacy.
         (a)   Schools.  An elementary school serving a proposed project is inadequate, for the purposes of this subchapter, when current or projected enrollment is equal to or greater than 120% of the state-rated capacity. A middle school serving a proposed project is inadequate, for the purposes of this subchapter, when current or projected enrollment is equal to or greater than 120% of the functional capacity. A high school serving a proposed project is inadequate, for the purposes of this subchapter, when current or projected enrollment is equal to or greater than 120% of the state-rated capacity.
         (b)   Roads.  Projected Level of Service for road segments and intersections within the traffic impact study area for the proposed project is E or F, according to the Department of Public Works or by the state, as applicable.
         (c)   Fire and emergency medical services.  Services are inadequate if:
            1.   Total number of late and no responses equals or exceeds 15%, and the total number of no responses equals or exceeds 4% measured on a 24-month basis, updated monthly;
            2.   Using an average over the previous 24 months, response time exceeds ten minutes from time of dispatch to on-scene arrival with adequate apparatus and personnel; or
            3.   A bridge or road is inadequate to support fire and emergency response apparatus for the most direct route and a bridge or road is inadequate to support fire and emergency response apparatus for the acceptable secondary route to the project site.
         (d)   Police services.  Services are inadequate if the projected ratio of sworn law enforcement officers to population is anything less than 1.2:1,000. The ratio shall be calculated in accordance with division (D)(1)(d) above.
         (e)   Water and sewer services. For water services, the facility is inadequate if the projected maximum day demand is equal to or greater than 95% of the total system production capacity. For sewer services, the facility is inadequate if the projected annual average daily flow is greater than or equal to 95% of the wastewater treatment facility permitted capacity.
      (4)   Building permit requirements.  The availability of building permit reservations as limited by a building permit cap as adopted pursuant to § 156.04.
(2004 Code, § 71-5)  (Ord. 161, passed 3-5-1998; Ord. 02-12, passed 8-13-2002; Ord. 04-13, passed 4-20-2004; Ord. 08-01, passed 2-14-2008; Ord. 2010-04, passed 4-1-2010; Ord. 2012-02, passed 2-23-2012; Ord. 2018-09, passed 11-29-2018)