§ 72-1010. Review, approval, terms and issuance of certificates of capacity.

(a)

Each of the coordinating agencies shall perform a determination of capacity in its appropriate area for each application for a certificate of capacity.

(b)

If the capacity of available public facilities is equal to or greater than the capacity required to maintain all the required level of service standards for the impact of the development or, if other criteria as set out in section 72-1009 is [are] satisfied, the certificate of capacity is approved and the certificate of capacity shall be issued by the LDM.

(c)

If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development and, if other criteria as set out in section 72-1009 is [are] not satisfied, the certificate of capacity shall be denied. If the certificate of capacity is denied the applicant may select one of the following options:

(1)

Amend the application to reduce the needed public facilities to the capacity that is available.

(2)

Arrange to provide for public facilities that are not otherwise available or provide acceptable means for mitigating impacts of the development to the DRC.

(3)

Reapply for certificate of capacity not less than six months following the denial of the application for certificate of capacity.

(4)

File a written appeal of the denial of the application for certificate of capacity within 30 days of said denial to the LDM for scheduling a hearing before the hearing officer pursuant to section 72-1015.

(d)

A determination of capacity shall apply to only specific land uses, densities, intensities and construction schedule based on information provided in the application.

(e)

A certificate of capacity runs with the land and is valid only for subsequent development orders for the same parcel and development and to new owners of the original parcel for which it was issued.

(f)

Notwithstanding any other provisions of this division to the contrary, no application for administrative rezoning by the county council shall encumber or reserve capacity for public facilities at the time of the approval of said rezoning by the county council.

(Ord. No. 90-33, § LIX, 9-27-90; Ord. No. 94-2, § 75, 4-7-94; Ord. No. 96-32, § LXXV, 12-19-96; Ord. No. 2006-26, § I, 11-16-06; Ord. No. 2008-25, § III, 12-4-08)