(a) The application meets APF standards where public facilities and services are available at the adopted LOS.
(b) The application shall be denied where adequate public facilities and services are not available at the adopted LOS; or
(c) The application shall be approved conditioned to timing, sequencing and phasing of development of oil and gas wells until all public facilities and services are available for the year the CIP shows that facilities and services will be built and available if public facilities and services in the impact area are not presently adequate to meet the adopted LOS for the entire oil and gas project, in the same ownership, consistent with the requirements of Table 3-1 in § 150B-9.6.3.1 Methodology.

9.6.2.3. Oil and Gas Overlay Zoning District Classification Adverse Effects and Impacts.
An Oil and Gas Overlay Zoning District Classification may create a range of potential adverse effects and impacts and shall be reviewed as if the greatest adverse effect and impact results. The review of adequacy of public facilities and services for the application shall compare the capacity of public facilities and services to the maximum projected demand that may result from the proposed overlay zoning based upon the maximum density of oil and gas wells in the project and relevant affected areas. The adequacy of roads and highways shall be considered in relation to the full weight load of trucks and tankers carrying oil to refineries. Nothing in this section authorizes a development approval that would otherwise be inconsistent with the General Plan or any Area Plan.

9.6.2.4. Scope of Adequate Public Facilities and Services Assessment.  A determination of adequacy of public facilities and services for an oil and gas project finds that:

(a) Public facilities and services are available at the time of issuance of a development order approving the Oil and Gas Overlay Zoning District Classification; and
(b) Public facilities and services are deemed to be available at all subsequent stages of the development approval process through approval of a Special Use and Development Permit, Grading and Building Permits and the Certificate of Completion. Availability of facilities and services, present and future, shall be assured through a development agreement between the applicant and the County, in which case the public facilities will be considered to be available for the duration of the development agreement.

9.6.2.5. Duration.
A development order determining that public facilities and services are adequate is valid until the earlier of one of the following:

(a) The expiration of the development order or development agreement; or
(b) If no expiration period is provided in the development order or development agreement, the determination expires unless construction commences on at least one oil and gas well within two years after approval, and on at least 25 percent of all of the oil and gas wells within three years after approval.

9.6.2.6.1. Advancement of Public Facilities and Services Capacity.
In order to avoid denial or phasing of the oil or gas facility under the APF standards the applicant may voluntarily propose, through entering into a development agreement with the County, to construct or to secure funding for the public facilities and services 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 denial or deferral of development consistent with the requirements of this section. Such development agreement may require an applicant to pay more than its roughly proportional share of infrastructure needs generated by the proposed oil or gas facility subject to subsequent reimbursement when appropriate.

9.6.2.6.2. Standards.
No advancement of capacity for public facilities and services needed to avoid a deterioration in the adopted LOSs shall be accepted by the County unless:

(a) The proposed public facility is a prioritized and funded capital improvement shown in the adopted CIP; or
(b) Appropriate conditions shall be included to ensure that the applicant will obtain any necessary approvals for construction of the public facilities from any agency other than the County.

9.6.2.6.3. Construction Commitment.
The commitment for construction or advancement of public facilities and services prior to the oil and gas overlay zoning approval shall be included as a condition of the development approval. The commitment shall contain, at a minimum, the following:

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

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

(c) A schedule for commencement and completion of construction or expansion of the planned capital improvement and service with specific target dates for multiphase or large-scale capital improvements projects;

(d) A statement that the planned capital improvement and service is consistent with the General Plan, any Area Plan and the County’s CIP;

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

(f) If the planned capital improvement and public service proffered by the applicant will provide capacity exceeding the demand generated by the proposed oil and gas project, 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 or service would have been built as shown in the prioritized CIP or from any funds paid by subsequent oil and gas development projects.

9.6.2.7. Partial Construction or Funding.
The construction or funding of only a portion of a public facility or service needed to meet the adopted LOS shall be approved only where:

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

9.6.2.8. Financing of Adequate Public Services.
The applicant for an Oil and Gas Overlay Zoning District Classification shall provide for annual funding of all fire, police and emergency response services and county road maintenance and repair, the need for which is generated by the oil and gas project, to the extent that the property tax revenues from the project are inadequate to cover such annual funding, Such annual funding shall be provided for in the development agreement to be entered into between the County and the applicant as a condition of development approval of the Oil and Gas Overlay Zoning District Classification. If additional Oil or Gas Facilities are approved, the annual funding contribution shall be apportioned among all projects so approved.

See SECTION 9: OIL AND GAS OVERLAY ZONING DISTRICT CLASSIFICATION for complete, detailed information.