§ 160.34. Effect.

(A)

Issuance of a COC shall demonstrate proof of adequate public facilities to serve the development approved in the development order, subject to the conditions in the development order. A subsequent application for development approval for which a COC has been previously approved shall be determined to have adequate public facilities as long as the COC is valid and unexpired.

(B)

Developers should not rely on any development order or other assurances if development does not commence and continue to completion. The City cannot allow unpredictable delays which would effectively reserve capacities indefinitely, especially when other development proposals could move ahead. Capacities remain reserved only for developments with assured and timely readiness for occupancy.

(C)

The Certificate of Concurrency (COC), if not used for development within its effective period (three (3) years for most cases), then it expires completely. The procedure for the COC offers no opportunity for extension or renewal. A subsequent application for the same project will place the proposed development at the end of the lines of other developments waiting for approval. The nonrenewable feature prevents hoarding, protects the competitive development market, and assures opportunities to satisfy projected growth.

(D)

Anything to the contrary notwithstanding, all COC's approved or issued from the date that the Director of Planning and Zoning releases the YIR to the public through the date that the approved boundaries and the annual residual capacity trip allotments for each CAOC becomes effective shall be expressly conditioned upon any and all restrictions, limitations, provisions, boundaries and allotments adopted by the City Council.

(Ord. No. 99-19, § 1, 4-12-99)