Common use of Process for Determining School Facilities Concurrency Clause in Contracts

Process for Determining School Facilities Concurrency. (1) The County and City will accept and process final plats and residential site plans including five (5) or more units only after the applicant has complied with the terms of the County or City’s School Concurrency Ordinance. The County or City may approve a School Concurrency Application earlier in the approval process if requested by the applicant, the School Board reviews and approves the determination, allocations of capacity and proportionate share mitigation commitments as provided in this Subsection. (2) School Concurrency Applications shall be filed with the School Board. Upon the receipt of a complete School Concurrency Application, the School Board will transmit a copy of the application to the City or County in whose jurisdiction the development lies. The School Board shall make a determination whether there is adequate school capacity, for each level of school, to accommodate the proposed development, based on the LOS standards, CSAs, and other standards set forth herein. (3) Within thirty (30) days of the initial application, the School Board will review the School Concurrency Application and, based on the standards set forth in this Agreement, report in writing to the County or City: a. Whether adequate school capacity exists for each level of school, based on the standards set forth in this Agreement; or b. If adequate capacity does not exist, whether appropriate mitigation can be accepted, and if so, acceptable options for mitigation, consistent with this Agreement. (4) If the School Board determines that adequate capacity will not be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval and mitigation is not an acceptable alternative, the County or City will not issue a School Concurrency Determination and will not accept or process a development application. (5) If the School Board determines that adequate capacity does not exist but that mitigation is an acceptable alternative, the development application will remain active pending the conclusion of the mitigation negotiation period described below. (6) The County or City will issue a School Concurrency Determination only upon: a. The School Board’s written determination that adequate school capacity will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval for each level of school without mitigation; or the School Board’s written acknowledgement that the payment of proportionate share provided by sections 5.6 (2) or (3) has been made, or b. The execution of a legally binding mitigation agreement between the applicant, the local government and the School Board, as provided by this Agreement.

Process for Determining School Facilities Concurrency. (1a) The County and City will accept and process final plats and residential site plans including five (5) or more units plans, only after the applicant has complied with the terms of the County or City’s School Concurrency Ordinance. The County or City may approve a School Concurrency Application earlier in the approval process process, if requested by the applicant, if the School Board reviews and approves the determination, allocations of capacity capacity, and proportionate share mitigation commitments as provided in this Subsectionsubsection. (2b) School Concurrency Applications shall be filed with the School Board. Upon the receipt of a complete School Concurrency Application, the School Board City will transmit a copy of the application to the City or County in whose jurisdiction the development lies. The School Board shall make for a determination of whether there is adequate school capacity, for each level of school, to accommodate the proposed development, based on the LOS standards, CSAs, and other standards set forth hereinherein and in the LDC. (3c) Within thirty (30) days of the initial applicationtransmittal from the City, the School Board will review the School Concurrency Application and, based on the standards set forth in this Agreement, report in writing to the County or City: a. Whether 1. whether adequate school capacity exists for each level of school, based on the LOS standards set forth in this Agreement; or b. If 2. if adequate capacity does not exist, whether appropriate mitigation can be accepted, and if so, acceptable options for mitigation, consistent with this Agreement. (4d) If the School Board determines that adequate capacity will not be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval and mitigation is not an acceptable alternative, the County or City will not issue a School Concurrency Determination and will not accept or process a development application. (5e) If the School Board determines that adequate capacity does not exist but that mitigation is an acceptable alternative, the development application will remain active pending the conclusion of the mitigation negotiation period described below. (6f) The County or City will issue a School Concurrency Determination only upon: a. The 1. the School Board’s written determination that adequate school capacity will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval for each level of school without mitigation; or the School Board’s written acknowledgement that the payment of proportionate share provided by sections 5.6 (2) or (3) has been made, or b. The 2. the execution of a legally binding mitigation agreement between the applicant, the local government applicant and the School Board, as provided by this Agreement.