The CIP is the mechanism by which the County shall measure the availability of new public facilities and services and expansion of existing capacity of public facilities and services, the need for which is generated by oil and gas projects. Revenue from oil and gas projects shall be utilized to supplement capital improvements and services provided by the County and State.
The applicant shall make a cash, certified or bank check, or letter of credit, deposit, to cover all of the County’s expenses in reviewing the CIP, engaging consultants, and for a Hearing Officer to conduct the first public hearing on the CIP. The County will provide an estimate of the cost of conducting the study, which shall provide the basis for the initial deposit. The applicant shall make additional deposits if the initial deposit is inadequate to reimburse the County for the costs of the study, and the County shall refund any unexpended funds on deposit after the study is completed.
The CIP shall:
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(a)
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Prioritize the need for public facilities and services subject to this section;
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(b)
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Estimate the cost of improvements for deficiencies or repairs needed to assure availability of public facilities and services for the Oil or Gas Facility;
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(c)
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Analyze the fiscal capability of the County and State to finance and construct improvements;
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(d)
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Establish financial policies to provide for the funding of improvements and services from grants, project exactions and impact fees, development agreements, money in lieu of land, dedications of land, taxes, assessments, rates, and charges; and
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(e)
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Schedule the funding, prioritization, and construction of improvements in a manner necessary to ensure that capital improvements and services are provided when required based on all needs identified in the General Plan and General Plan Oil and Gas Element.
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9.6.4.1. Capital Improvements Data Requirements. The CIP shall be based upon:
(a) Public facility and service needs as identified in the General Plan and applicable Area Plan. Where the General Plan Oil and Gas Element does not identify a need for public facilities and services within a given category, public facility and service needs shall be determined on the basis of the Oil and Gas Adequate Public Facility and Traffic Impact Assessments;
(b) The geographic service area and location of major system components for each public facility and service shall be identified; and
(c) Existing revenue sources and funding mechanisms available for capital improvement and public services financing shall be inventoried for each public facility and service.
9.6.4.2. Capital Improvements Analysis Requirements. The CIP shall be based upon the following analyses:
(a) Current county practices that guide the timing, phasing, priority, and location of construction, extension, or increases in capacity of each public facility and service;
(b) The fiscal implications of existing deficiencies and future needs for each type of public facility and service. This analysis shall be based on the needed improvements and services as identified by applying the LOS within each impact area, and shall address the relative priority of need among facility types and shall be derived in part from the Fiscal Impact Assessment.
(c) The costs of needed capital improvements and services for mitigation of existing deficiencies, replacement, and new growth needs;
(d) The basis of cost estimates; and
(e) An assessment of the County is [sic] and the Oil and Gas project’s ability to finance capital improvements and services based upon anticipated population and revenues, including:
(1) Forecasting of revenues and expenditures for five years;
(2) Projections of debt service obligations for currently outstanding bond issues;
(3) Projection of improvement district ad valorem taxes, charges, rates and assessments;
(4) Projections of other tax bases and other revenue sources, such as development agreement financing, dedications, exactions, impact fees, and service charges;
(5) Projection of operating cost considerations; and
(6) Projection of debt capacity.
9.6.4.3. Requirements for Capital Improvements and Public Services Implementation. The CIP shall contain:
(a) The five-year capital improvement budget of year-by-year capital improvements that the County has accepted to reduce existing deficiencies, to remain abreast of replacements, and to meet future demand;
(b) Project description and general location;
(c) A list of projected costs and revenue sources by type of public facility and public services for the five-year period; and
(d) A five (5) to fifteen (15) year Capital Improvement Plan and Program for public facility and service needs beyond the five (5) year capital improvement budget.
9.6.4.4. Standards for Exploratory Well Applications.
An application for an Oil and Gas Overlay Zoning District Classification consisting of only an exploratory well (or wells) is subject to all Over Lay Zone District Requirements including Studies, Reports and Assessments and is exempt only from paying for long-term CIP facilities. Applicants for exploratory wells shall provide all other CIP facilities and costs required by this Ordinance, including but not limited to, access services and all other necessary construction, operation and maintenance of infrastructure. Exploratory wells shall adhere to all SUDP performance standards, including the mitigation of noise and light disturbances. If after exploration, the Applicant seeks to further develop the site, a new application must be submitted with supplemental reports, assessments and studies that analyze and mitigate any development beyond those applicable to the previously approved exploratory well, including an Adequate Public Facilities Assessment, taking into account long-term CIP facilities, operations and maintenance.
No exploratory well may be produced without the application and supplemental reports, assessments and studies described above. An application for an exploratory well allows only exploration, no production of the well.
See
SECTION 9: OIL AND GAS OVERLAY ZONING DISTRICT CLASSIFICATION for complete, detailed information.
