Applicability. This Subsection applies to any application for discretionary development approval that requires an AFPA as set forth in
Table 4-1 and
Table 6-1.
General Requirements.
The established sustainable development areas (SDAs) govern the timing and sequencing of development. With certain caveats specified elsewhere in this Chapter, development in SDA-1 may generally proceed immediately; development in SDA-2 will require advancement of facilities and services before development may proceed, or may be delayed until facilities and services become available; development in or SDA-3 is not expected to occur but if development does occur, advancement of facilities and services will be required. The SDA map is attached as Map 1 in Appendix C.
Notwithstanding the timing and sequencing of development described in the previous paragraph, development shall maintain and not degrade the County’s adopted LOS for a period of twenty (20) years, except that it will be assumed in all cases that the adopted LOS requirements are presently being met whether or not this in fact is true. Thus, an applicant shall not be responsible for upgrading any LOS to the adopted standard if the adopted standard is not currently being met; an applicant is only charged with the incremental degradation from the specified LOS that results from the proposed development.
Additional standards related to adequate public facilities are present in design standards in
CHAPTER 6: STUDIES, REPORTS AND ASSESSMENTS (SRAs) and
CHAPTER 7: SUSTAINABLE DESIGN STANDARDS.
A specific finding shall be made for each application concerning the adequacy of public facilities and services associated with the proposed development.
In order to avoid denial, deferral or conditional approval of an application, an applicant for a discretionary development approval may propose to construct, advance or otherwise secure funding for the public facilities and services necessary to provide capacity to accommodate the proposed development at the time of discretionary development approval, incorporating legislative requirements in the SLDC that predate the submittal of the application including, but not limited to, the provision of adequate public facilities and services. The terms of the construction or advancement of public facilities and services may be incorporated into a voluntary development agreement consistent with
§ 12.4: DEVELOPMENT AGREEMENTS of the SLDC.
See
§ 12.2.4 Sustainable Development Areas (SDAs).
Determination of Adequacy of Public Facilities and Services.
Determination Required.
Notwithstanding which sustainable growth management area a property is located within, each application to which this Subsection applies shall require a finding of adequate public facilities and services.
Scope of Determination.
A determination concerning public facilities and services establishes that:
1. the public facilities and services exist, are planned, budgeted or reasonably available;
2. if public facilities and services are planned but not yet constructed, the determination is sufficient for approval of a development order, but the development order may be conditioned on completion (or advancement) of facilities and services;
3. public facilities and services are sufficient for subsequent phases to be completed during the approved development period; and
4. present and future availability of facilities and services (the terms under which facilities will be provided) shall be assured through a voluntary development agreement.
Possible Findings.
The APFA shall provide a basis for the following findings:
1. The application provides for adequate public facilities and services at the time of development approval;
2. The application shall be denied because adequate public facilities and services are not available and will not be available;
3. The application shall be conditionally approved or approved in a sectionalized manner because inadequate [adequate] public facilities and services are not immediately available or are presently adequate, but will be available for the initial or subsequent sectionalized phases of the project for a future year in which the CIP shows that adequate public facilities will be constructed and available; and/or
4. The application shall be conditionally approved or approved in a sectionalized manner because adequate public facilities and services are not immediately available or presently adequate, but will be available for the initial or subsequent sectionalized phases of the project because the facilities and services will be advanced, in whole or in part, by the applicant.
Expiration of Determination.
A development order or voluntary development agreement containing a determination of the adequacy of public facilities and services is valid until the expiration of the development order or voluntary development agreement.
Determining Compliance; Methodology.
The APFA shall make a determination whether adequate public facilities and services are available at the adopted level of service (LOS) for each public facility and service set forth in
Table 12-1. Except for roads, the LOS is the value appearing in Column (B) of
Table 12-1 attributable to the impact area in Column (C).
1. Compliance with LOS standards shall be measured for each public facility and service type set forth in Column (A) in accordance with the corresponding standards set forth in Column (B). The LOS for each application for development approval shall be measured within the impact area set forth in Column (C) for each corresponding facility in Column (A).
2. Public facilities and services shall be adequate if the application demonstrates that available capacity exists to accommodate the demand generated by the proposed development, applying the methodology described herein.
See
§ 12.256 Adequacy of facilities and services within SDA-1.
See
§ 12.2: ADEQUATE PUBLIC FACILITIES REGULATIONS (APFRs) for complete, detailed information.
