§ 160.35. Remedies for Denied or Pending Certificates of Concurrency.

(A)

Administrative or legal remedies through appeal.

(B)

Pending applications may have development orders and permits which include conditions on the availability of facilities necessary to serve the proposed developments (e.g., development agreements, planning and phasing; facility phasing; capital improvements programming; and DRI's). These conditions may include:

(1)

Agreements with the local government allows developers to correct deficiencies by building facilities themselves or contributing to the funding of capital improvements.

(2)

Phasing a project allows construction in stages which follow the progressive improvement of facilities over time.

(3)

Careful planning of a project with knowledge of public construction schedules will assist the development community.

(4)

Petitions to amend the Comprehensive Plan's Capital Improvement Element may request enlargements of public facilities to accommodate the impact of proposed developments, change in facility phasing schedule, lower level of service standards, or increased funding sources (assessments, impact fees, and the like).

(5)

Approved Congestion Management Strategies which mitigate traffic impact.

(C)

More importantly, however, City staff must have foresight in preparing for urban growth in order to assure adequate public facilities concurrent with the impacts of development without excessive cost or undue delay.

(Ord. No. 99-19, § 1, 4-12-99)