§ 1-20-41. DETERMINATION OF ADEQUACY.
   (A)   A public or private community water system shall be considered adequate if, given existing connections, future connections from buildings under construction, recorded lots for which allocations have been made and multi-year tap agreements:
      (1)   The source facilities, storage tanks and local pumping stations have sufficient available capacity to provide maximum day demand to the proposed development and meet peak hour demand in addition to fire flow; and
      (2)   The distribution system is capable of providing normal required pressure as well as minimal residual pressure to the proposed development. It should be noted that water taps are not guaranteed for the project until such taps are purchased or a multi- year tap agreement has been executed between the county and developer.
   (B)   A public or private community water system may also be considered adequate if improvements to or construction of facilities necessary to comply with standards established in subsection (A) are scheduled in the first 2 years of the CIP. However, where improvements to or construction of facilities necessary to comply with subsection (A) are in the first 2 years of the CIP and are developer-funded, no other proposed development may utilize the capacity created by the developer-funded improvements or facilities to determine adequacy under this article until the improvements or facilities are completed, subject to subsection (E) of this section. If only a portion of the improvements or facilities in the first 2 years of the CIP are developer-funded, that portion of the improvements or facilities may not be used to determine adequacy of any other proposed developments until the improvements or facilities are completed, subject to subsection (E).
   (C)   If a public or private water system is found to be inadequate, site plan, PUD or MXD Phase II or preliminary subdivision approval shall be denied except as provided for in § 1-20-10.
   (D)   Improvements necessary to meet the standards herein shall be determined by the Planning Commission and may be provided by the developer as allowed for in § 1-20-11.
   (E)   Upon completion of construction of APFO public or private community water improvements for a development, the APFO water approval shall be vested for the capacity created by the improvements and shall not be subject to further APFO water testing unless the density or intensity of the development increases.
(Ord. 98-03-205, 3-17-1998; Ord. 00-19-261, 7-11-2000; Ord. 06-04-400, 1-17-2006; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)