(A) Subject to the requirements of this chapter, a final determination of adequacy by the Town Manager or his or her designee must be submitted in conjunction with any development proposal.
(B) No development proposal will be accepted by the town unless a final determination of adequacy is submitted with the application.
(1) Requirements for adequate public facilities (APF) application.
(a) Prior to submission of an adequate public facilities (APF) application, the applicant must meet with the Town Manager or his or her designee to confirm the scope and applicability of this chapter and to identify potential public facility deficiencies that may need to be mitigated.
(b) At or following the pre-submittal meeting, the Town Manager or his or her designee shall:
1. Provide the current APF schedule;
2. Identify planned and funded capital improvements that affect available capacity for the project;
3. Provide other relevant and available demand and capacity information for public facilities; and
4. Summarize the scope of the APF application requirements, which shall include, but not necessarily be limited to, the information listed in division (B)(2) below.
(2) General APF application requirements. The APF application shall include:
(a) A description of the proposed development, including the type and amount of each proposed land use;
(b) A phasing schedule, as applicable;
(c) A description of any past or proposed public facility dedicated, constructed or funded in order to mitigate the impacts of the proposed development;
(d) A mitigation plan, if applicable, proposing any improvements to be completed by the applicant; and
(e) Other information required by the Administrator in order to evaluate the APF application and to make a determination of adequacy.
(3) Completeness review. Within ten business days of its receipt, the Manager or his or her designee shall determine whether the APF application is complete and complies with the submission requirements set forth in division (B)(2) above. If the APF application is complete and the submission requirements have been met, the Manager or his or her designee shall provide copies of the application to responsible agencies and town departments for review and input regarding available capacity. If the APF application is not complete, the Administrator will notify the applicant of its deficiencies in writing within 15 business days of its receipt.
(4) Determination of adequacy and allocation of capacity. After consultation with the responsible agency or town department, the Town Manager or his or her designee shall determine whether available capacity exists for each applicable public facility, based on the level of service standards set forth in § 155.08 above, and the following:
(a) The total capital improvements shall be calculated by adding:
1. Capacity provided by existing capital improvements, based on the LOS standards set forth in § 155.08 above; and
2. The capacity of any planned capital improvements.
(b) The total available capacity shall be calculated by subtracting from the total capital improvements the sum of:
1. Used capacity;
2. Committed capacity;
3. Reserved capacity;
4. Allocated capacity; and
5. The demand on public facilities created by the proposed development.
(c) The Manager, or his or her designee's determination of adequacy shall be reflected in a written report that:
1. Identifies existing and planned capital improvements and any available capacity of public facilities that serve the proposed development, pursuant to the terms of this chapter;
2. Describes capital improvements funded and assumed to be in place to serve the proposed development;
3. Identifies any previously dedicated, constructed or funded public facility made in order to mitigate the impacts of the proposed development;
4. Sets forth findings and conclusions related to the impact of the proposed development on available capacity; and
5. After consultation with the responsible agency or town department, states whether there is available capacity for each applicable public facility sufficient to accommodate the proposed development.
(d) Where available capacity exists for each applicable public facility, the Administrator shall issue a determination of adequacy.
1. Upon issuance of a determination of adequacy by the Town Manager or his or her designee, the Manager or his or her designee shall:
a. Notify the applicant in writing within ten business days of the determination of adequacy and APF allocation; and
b. Record the APF allocation on the adequate public facilities schedule.
2. If a determination of adequacy is based on an advanced facility, the APF allocation and approval of the APF application shall be conditioned on the timely completion of the advanced facility.
(e) Once the Manager has made a determination of adequacy, this shall be presented to Council at the next regular Council for their approval.
(Ord. passed - -2008)