(A) Scope. A determination of adequacy of public facilities for a development proposal finds that:
(1) Public facilities are available at the time of issuance of the determination; and
(2) Public facilities are deemed to be available at all subsequent stages of the development approval process up to the date of expiration of the development approval. Future availability of facilities shall be assured through a development agreement between the applicant and the city, in which case the public facilities will be considered to be available for the duration of said development agreement.
(B) Duration. A determination that public facilities are adequate is valid until the earlier of one of the following:
(1) The expiration of the development approval; or
(2) If no expiration period is provided in the development approval, the determination expires unless construction commences within one year after approval of the application. For a preliminary plat, the determination expires unless construction commences on at least one lot within two years after approval of the preliminary plat, and on at least 25% of the lots within three years after approval of the preliminary plat.
(Ord. 3020, passed 9-10-2013, § 6.4)