§ 152.060  ADEQUATE FACILITIES REVIEW.
   (A)    Certain developments, due to their type, size and/or location, tend to have greater impacts on public services and facilities than does development generally.  In order to ensure that such development is undertaken only when there are adequate public facilities to serve it, no development undergoing special use review shall be approved unless the Town Council first determines that adequate facilities and services will be available to such development before it is occupied. Specifically, no development undergoing special use review shall be approved unless the Town Council finds that all of the following conditions exist or will exist on or before the date that buildings or land in the proposed development will be occupied.
      (1)   Water supply.  There will be an adequate potable water supply available for the proposed occupancy.  An adequate public water supply shall include adequate potable water for consumption and other inside and outside uses, and adequate water pressure and fire flow to meet established standards of the town for fire protection.
      (2)   Wastewater.  There will be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed occupancy.
      (3)   Streets. The street system in the development will connect to segments of the public street system with adequate capacity to handle the projected traffic flow, both on an average basis and at peak hours.  Furthermore, the development shall be so located with respect to major street, bicycle and pedestrian networks, or public transportation facilities, and shall be so designed, as to provide direct access to the development without creating substantial additional traffic in residential neighborhoods outside the development.
   (B)   Developments failing to meet these criteria may be approved if the applicant (1) provides private facilities, utilities, and services approved by appropriate public agencies as substituting on an equivalent basis, and assures their satisfactory continuing operation, permanently or until similar public utilities, facilities, or services are available and used, or (2) makes provision acceptable to the town for offsetting any added net public cost of early commitment of public funds made necessary by such development.  In determining net public costs, the difference in anticipated public installation, operation, and maintenance costs and the difference in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicant.  Determinations shall be made by the town or by experts acceptable to the town.
(Ord. passed 10-1-07; Am. Ord. passed - - )