If the Town Manager or his or her designee determines that available capacity does not exist for a particular public facility and no mitigation plan has been proposed pursuant to division (B)(3) below, the Town Manager or his or her designee shall deny the APF application and no determination of adequacy or APF allocation shall be entered.
(A) Upon denial of an APF application, the Town Manager or his or her designee shall notify the applicant in writing within ten business days of the denial and shall state the reasons for the denial and any actions that the applicant may take voluntarily to receive a determination of adequacy.
(B) Where there is no available capacity or upon a denial of an APF application, the applicant may:
(1) Submit a development proposal that has a reduced amount of development for which available capacity exists;
(2) Submit a phased development proposal that includes the following:
(a) A proposed phasing schedule setting forth the amount, location and timing of development associated with each proposed phase;
(b) The available capacity that will exist for each phase of development;
(c) The advanced facilities that are proposed and the location and timing of the proposed facilities based on the phasing schedule and mitigation plan as provided in division (B)(3) below; and
(d) Other additional information or materials identified by the Town Manager or his or her designee as necessary to ensure the timely and adequate provision of public facilities, based on the level of service standards and requirements of this chapter.
(3) Propose a mitigation plan, at the applicant's expense, which provides advanced facilities that would mitigate the proportionate-shared impacts of the proposed development on public facilities, based on the level of service standards in § 155.08 above.
(C) Should mitigation be required in conjunction with a development proposal, nothing shall preclude the participation of third-parties (public or private) in defraying all or a portion of the cost of the mitigation.
(D) Any mitigation plan that proposes the provision of advanced facilities must provide an estimate of the incremental cost of providing the advanced facilities, a schedule for commencement and completion thereof, and a description of how the advanced facilities will mitigate the impact of the proposed development.
(E) In order for a mitigation plan to be accepted, it must be approved by the Town Council.
(Ord. passed - -2008)