§ 153.1340 ADVANCEMENT OF CAPACITY.

   (A)   Advancement of public facilities. In order to avoid undue hardship, the applicant may propose to construct or to secure funding for the public facilities necessary to provide capacity to accommodate the proposed development at the adopted LOS and at the time that the impact of the development will occur as an alternative to the deferral of development or development approvals, consistent with the requirements of this chapter.

Table 153.1340(A): Adopted Level of Service Standards
(A) Facility	(B) Applicability	(C) Level of Service	(D) Impact Areas	(E) Year Planned Capacity Will Be Available
Community parks	All applications	See §§ 153.1015 through 153.1023 of this chapter	City limits	Third year of CIP
Fire protection	All applications	ISO rating not exceeding (LOCAL STANDARD)	City limits	First year of CIP
Sewer	All applications	(LOCAL STANDARD)	City sewer service area	First year of CIP
Storm water management	All applications	See §§ 153.1035 through 153.1053 of this chapter	Drainage basin	First year of CIP or on site
Streets—Downtown tier	Not applicable	Not applicable	Not applicable	Not applicable
Streets—Tier 1, Tier 2, Tier 3	All applications	LOS “C”	Traffic impact area is 1/2 mile	First year of CIP
Streets—Tier 4	All applications	LOS”B”	Traffic impact area is 1/2 mile	First year of CIP
Water	All applications	(LOCAL STANDARD)	City water service area	First year of CIP
NOTES TO TABLE: LOS = level of service; CIP = capital improvements program; and ISO = International Standards Organization.

 

   (B)   Standards. No advancement of capacity for public facilities needed to avoid a deterioration in the adopted LOSs shall be accepted by the approving agency unless:

      (1)   The proposed public facility is a prioritized and funded capital improvement shown in the adopted CIP; or

      (2)   Appropriate conditions are included to ensure that the applicant will obtain any necessary approvals for construction of the public facilities from any agency other than the city.

   (C)   Construction commitment. The commitment for construction or advancement of public facilities prior to the development approval shall be included as a condition of the development approval. The commitment shall contain, at a minimum, the following:

      (1)   For planned capital improvements, either a finding that the planned capital improvement is included within the CIP for the year in which construction of the project is scheduled or the applicant commits to advancing the facilities;

      (2)   An estimate of the total financial resources needed to construct or expand the proposed public facilities, and a description of the incremental cost involved;

      (3)   A schedule for commencement and completion of construction of the planned capital improvement with specific target dates for multi-phase or large-scale capital improvements projects;

      (4)   A statement that the planned capital improvement is consistent with the Comprehensive Plan and the city’s CIP;

      (5)   A statement that the planned capital improvement is consistent with any ordinances relating to the construction and design of the public facility; and

      (6)   If the planned capital improvement proffered by the applicant will provide capacity exceeding the demand generated by the proposed development, but is needed to meet past deficiencies reflected in the overall capacity needed for the project, reimbursement shall be offered to the applicant for the pro rata cost of the excess capacity for the year in which the capital facility would have been built as shown in the prioritized CIP.

   (D)   Partial construction or funding. The construction or funding of only a portion of a public facility needed to meet the adopted LOS shall be approved only where:

      (1)   The public facility will be able to provide the capacity needed to meet the adopted LOS, and will be fully usable and operational, due to the characteristics of the facility; or

      (2)   The construction or funding of the balance of the public facility that is needed to meet the adopted LOS will be accomplished from other sources.

(Ord. 3020, passed 9-10-2013, § 6.5)