In order to avoid denial, deferral, or conditional approval of a development permit based on the lack of adequate public facilities and services, an applicant for a discretionary development approval may instead propose to construct, advance, fund, or secure public funding, for the public facilities and services to provide the necessary Level of Service.

Any such proposed advancement of public facilities and services shall not be accepted unless:

1. Adequate public facilities and services are to be provided by the applicant for the development permit, either directly or through the appropriate self-funding apparatus;

2. The necessary public facilities and services are each a prioritized and funded capital improvement by the adopted CIP in the year in which the improvements are planned;

3. If the public facility and service is not immediately available, adequate financial assurance has been provided to assure that the public facilities or services will be provided;

4. The commitment to advance the public facilities and services has been documented in a duly signed voluntary development agreement; and

5. Appropriate conditions are included to ensure that the applicant will obtain any necessary and required approvals for construction of the public facilities or services.
 

Public facilities and services that are advanced may be phased along with the proposed development so long as the applicant provides the capacity needed to meet the adopted LOS for each phase of the development as it is completed. Where advancement of only a portion of infrastructure and services is approved, funding for the construction or funding of the balance of the public facility or service shall be identified and the future expenditure committed to in a voluntary development agreement.

Once public facilities and services are advanced, subsequent developments utilizing the same facilities and services within twenty years of the original installation shall reimburse the County for the costs of their proportionate share of the infrastructure and services. The County shall in turn reimburse the original developer of the infrastructure and services, less a 5% administrative assessment.

Financing of Adequate Public Services. An applicant for a development permit may elect to obtain public financing for a development or for the advancement of public facilities and services, or to obtain partial funding, through the appropriate funding mechanisms specified later in this Chapter.

See § 12.2: ADEQUATE PUBLIC FACILITIES REGULATIONS (APFRs) for complete, detailed information.