(A) The city shall perform a concurrency test for each development application, except as provided in § 161.08. The Planning Department shall be responsible for conducting all concurrency tests as required by this article. Concurrency test shall be initiated upon receipt of a concurrency test application form provided by the city, accompanied by the appropriate non-refundable application fee.
(B) Each development application will be reviewed on a first-come, first-served basis. As each application is reviewed, capacity that is available will be encumbered until the final disposition of the application is determined. If the application is approved, the reservation becomes permanent upon payment of the capacity reservation fee (see § 161.09). If the application is denied, the temporary reservation returns to the pool of capacity. If an application cannot be approved because of encumbrances preceding it, the application will be returned to the applicant unless the city determines that it can supersede an earlier application according to the following procedure. An application that ready for final disposition can supersede or "advance over" the temporary reservation by an application ahead of it upon early payment of the capacity reservation fee. There are three criteria which restrict the ability to "advance over":
(1) Applicants cannot "advance over" applicants that have been in the system less than six months;
(2) An applicant can be "advanced over" only after written notice has been given to all preceding applicants, and they have received ten working days to pay reservation fees and complete the concurrency review process;
(3) Applicants for affordable housing;
(4) Redevelopment in Lake Mary Towne Square cannot be "advanced over" if the application has been in the system less than 12 months.
(C) For development that requires one or more public facilities provided by entities other than the city, the city shall condition the issuance of any final development order for the same parcel on the availability of such public facilities.
(D) If the capacity of available public facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact of development, the concurrency test is passed.
(E) If the capacity of available public facilities is less than the impact of the development, the concurrency test is not passed and the applicant shall select one or the following options:
(1) Accept a one month encumbrance of public facilities that are available, and within the same month amend the application to reduce the need for public facilities to the capacity that is available;
(2) Accept a one month encumbrance of public facilities that are available, and within the same month arrange to provide for public facilities that are not otherwise available;
(3) Reapply for a certificate of capacity not less than six months following the denial of an application for a certificate of capacity; or
(4) Appeal the denial of the application for a certificate of capacity, pursuant to the provisions of § 161.011.
(F) If no option under division (E) above exercised by the applicant, then the application shall be deemed abandoned and all right to review a reservation shall be waived.
(Ord. 633, passed 2-18-93)