Common use of School Concurrency Application Review Clause in Contracts

School Concurrency Application Review. (a) Any developer submitting a Preliminary Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a School Capacity Determination (non-binding) undertaken by the School Board. (b) Any developer submitting a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (c) Any developer that is submitting a Preliminary Development Request simultaneously with a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. In this case the application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (d) The School Facility Planning and Concurrency Application must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, or manufactured housing), a phasing schedule (if applicable), and age restrictions for occupancy (if any). The local government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiency, the local government shall transmit the application to the School Board representative for review. The process is as follows: 1. A Preliminary Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement A Final Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement. 2. A School Facility Planning and Concurrency Application for residential development is submitted to the local government initiating a sufficiency review. Once deemed sufficient, the local government transmits the School Facility Planning and Concurrency Application to the School Board to undertake a School Impact Analysis. The School Board may charge the applicant a non-refundable application fee payable to the School Board to meet the cost of review. 3. The School Board representative shall undertake the School Impact Analysis for a residential development which has been submitted and deemed sufficient for processing by the applicable local government. The application will be processed based upon whether the application is for a School Capacity Determination (non- binding) or a Concurrency Determination (binding). 4. The School Board representative shall undertake the School Impact Analysis in the order in which it is received and verify whether sufficient FISH Capacity for each type of school is available or not available in the proposed development’s CSA. a. To determine a proposed development’s projected students, the proposed development’s projected number and type of residential units shall be converted into projected students for the school of each type within the specific CSA using the Student Generation Multiplier (SGM), as established by the method described in Appendix “A.” The School Board will review the established SGM at least every five years and will amend that multiplier to reflect the current district wide student generation rates. b. New FISH Capacity within a CSA which is in place or under actual construction in the first three years of the Five Year District Facilities Work Program will be added to the FISH Capacity shown in the CSA, and is counted as available FISH Capacity for the residential development under review. (e) If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, adjacent CSAs will be reviewed for available FISH Capacity. 1. In conducting the adjacency review, the School Board shall first use the adjacent CSA with the most available FISH Capacity to evaluate projected enrollment and, if necessary, shall continue to the CSA with the next most available FISH Capacity until all adjacent CSAs have been evaluated or the available FISH Capacity has been identified to allow a SCADL approving school concurrency to be issued. 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard and there is available FISH Capacity in an adjacent CSA, actual development impacts shall be shifted to the contiguous CSA(s) having available FISH Capacity. This shift shall be accomplished through boundary changes or by assigning future students from the development to an adjacent CSA. Section 12.2(d) of this Agreement shall be observed when considering adjacent FISH Capacity. (f) In the event that there is not adequate FISH Capacity available in the CSA in which the proposed development is located or in the adjacent CSAs to support the development, the School Board representative will issue either a CDL (non-binding) or a SCADL (binding) within ten (10) working days detailing why the development is not in compliance. If the developer has submitted for a Concurrency Determination (binding) the applicant will be offered the opportunity to enter into a negotiation period to allow time for the mitigation process described below in Section 13.5 of this Agreement. If the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government and the developer pursuant to Section 13.5 of this Agreement. (g) When FISH Capacity has been determined to be available, the School Board representative shall issue a CDL (non-binding) or a SCADL (binding) verifying available FISH Capacity to the applicant and the affected local government within ten (10) working days of receipt of the application. (h) The local government shall be responsible for notifying the School Board representative when a residential development which was submitted as a binding Concurrency Determination has received a Concurrency Evaluation Finding of Nondeficiency, or functional equivalent, by the local government and when the development order for the residential development expires or is revoked...

Appears in 3 contracts

Samples: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement

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School Concurrency Application Review. (a) Any developer submitting a Preliminary Development Request development permit application (such as a rezoning, site plan or preliminary plat) with a residential component that is not exempt under Section 13.1(d13.1(c) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken to the local government, for review by the School Board. The application shall designate that District in order to determine the developer requests to have a School Capacity Determination (non-binding) undertaken by availability of school capacity within the School Boardadopted LOS standard. (b) Any developer submitting a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (c) Any developer that is submitting a Preliminary Development Request simultaneously with a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. In this case the application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (d) The School Facility Planning and Concurrency Application SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, or manufactured housingapartments, etc.), a phasing schedule (if applicable), and age restrictions for occupancy (if any). The local government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiency, the local government shall transmit the application SIA to the School Board District representative for review. A flow chart outlining the school concurrency review process is included as Appendix “C”. The process is as follows: 1. A Preliminary Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement A Final Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement. 2. A School Facility Planning and Concurrency Application An application for residential development is submitted to the local government initiating a sufficiency review. Once deemed sufficient, the local government transmits the School Facility Planning and Concurrency Application SIA to the School Board to undertake a School Impact AnalysisDistrict for review. The School Board may charge the applicant a non-refundable application fee payable to the School Board to meet the cost of review. 32. The School Board District representative shall undertake review the School Impact Analysis applicant’s SIA for a residential development which has been submitted and deemed sufficient for processing by the applicable local government. The application will be processed based upon whether the application is for a School Capacity Determination (non- binding) or a Concurrency Determination (binding). 43. The School Board District representative shall undertake the School Impact Analysis review each SIA in the order in which it is received and verify whether sufficient FISH Capacity student stations for each type of school is are available or not available in the proposed development’s CSACSA to support the development. a. To determine a proposed development’s projected students, the proposed development’s projected number and type of residential units shall be converted into projected students for the school all schools of each type within the specific CSA using the School District Student Generation Multiplier (SGM), as established by the method described in Appendix “A.B,The School Board will review the established SGM at least every five years which shall be reviewed annually and will amend that multiplier amended as necessary to reflect the current district wide student generation rates. b. New FISH Capacity school capacity within a CSA which is in place or under actual construction in the first three years of the Five Year District School District’s Capital Facilities Work Program will be added to the FISH Capacity capacity shown in the CSA, and is counted as available FISH Capacity capacity for the residential development under review. (ec) If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, an adjacent CSAs CSA will be reviewed for available FISH Capacitycapacity. 1. In conducting the adjacency review, the School Board District shall first use the adjacent CSA with the most available FISH Capacity capacity to evaluate projected enrollment and, if necessary, shall continue to the CSA with the next most available FISH Capacity capacity until all adjacent CSAs have been evaluated or the available FISH Capacity capacity has been identified to allow a SCADL approving school concurrency to be issued. 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard and there is available FISH Capacity capacity in an adjacent CSA, actual development impacts shall be shifted to the contiguous CSA(s) CSA having available FISH Capacitycapacity. This shift shall be accomplished through boundary changes or by assigning future students from the development to an adjacent CSA. Section 12.2(dSub-section 12.2(e) of this Agreement shall be observed when considering adjacent FISH Capacitycapacity. (fd) In the event that there is not adequate FISH Capacity capacity available in the CSA in which the proposed development is located or in the an adjacent CSAs CSA to support the development, the School Board District representative will issue either a CDL (non-binding) or a SCADL (binding) within ten (10) working days detailing why the development is not in compliance. If the developer has submitted for a Concurrency Determination (binding) , and offer the applicant will be offered the opportunity to enter into a negotiation period to allow time for the mitigation process described below in Section 13.5 of this Agreement. If the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government and the developer pursuant to Section 13.5 of this Agreement. (ge) When FISH Capacity capacity has been determined to be available, the School Board District representative shall issue a CDL (non-binding) or a SCADL (binding) verifying available FISH Capacity capacity to the applicant and the affected local government within ten (10) working days of receipt of the application. (hf) The local government shall be responsible for notifying the School Board District representative when a residential development which was submitted as a binding Concurrency Determination has received a Concurrency Evaluation Finding of Nondeficiency, Nondeficiency or functional equivalent, by the local government and when the development order for the residential development expires or is revoked..., and when its school impact fees have been paid.

Appears in 2 contracts

Samples: Interlocal Agreement, Interlocal Agreement

School Concurrency Application Review. (a) Any developer Applicant submitting an application for a Preliminary Development Request site plan, subdivision plan, plat or functional equivalent with a residential component that is not exempt under Section 13.1(d11.1(c) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken form to the Local Government, for review by the School BoardBoard staff. The application shall designate that the developer requests to have a School Capacity Determination (non-binding) undertaken by the School Board. (b) Any developer submitting a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (c) Any developer that is submitting a Preliminary Development Request simultaneously with a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. In this case the application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (d) The School Facility Planning and Concurrency Application SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, or manufactured housing)units, a phasing schedule (if applicable), and age age-restrictions for occupancy (if any). The local government Local Government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiencyOnce deemed sufficient, the local government Local Government shall transmit the application and the SIA to the School Board representative staff for review. A flow chart outlining the school concurrency review process is included as Appendix C. The process is as follows: 11.a. A Preliminary Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement A Final Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement. 2. A School Facility Planning and Concurrency Application An application for residential development is submitted to the local government Local Government initiating a sufficiency review. Once deemed sufficient, the local government transmits Local Government will time and date stamp the School Facility Planning application and Concurrency Application the SIA, and transmit the SIA both to the School Board to undertake a School Impact Analysisstaff for review. The School Board may shall charge the applicant Applicant a non-refundable application fee payable to the School Board to meet the cost of concurrency review. Payment shall be included with the SIA upon submittal to the Local Government. 32.b. The School Board District representative shall undertake review the School Impact Analysis Applicant’s SIA for a residential development which has been submitted and deemed sufficient for processing by the applicable local government. The application will be processed based upon whether the application is for a School Capacity Determination (non- binding) or a Concurrency Determination (binding)Local Government. 43.c. The School Board District representative shall undertake the School Impact Analysis review each SIA in the order in which it is received and verify whether sufficient FISH Capacity student stations for each school type of school is are available or not available in the proposed development’s CSACSA to support the Applicant’s proposed development. a. (a) 1. To determine a proposed development’s projected students, the proposed development’s projected number and type of residential units shall be converted into projected students for the school all schools of each type within the specific CSA using the Student Generation Multiplier (SGM), as established by the method described in Appendix “A.” The School Board will review the established SGM at least every five years and will amend that multiplier to reflect the current district wide student generation ratesRates. b. (b) 2. New FISH Capacity school capacity within a CSA CSA, which is in place or under actual construction in at the first three years time of the Five Year District Facilities Work Program application, will be added to the FISH Capacity capacity shown in the CSA, and is counted as available FISH Capacity for the residential development under review. (e) 4.d. If the projected student growth from a an Applicant’s proposed residential development causes the adopted LOS for any school type to be exceeded in the CSA, an adjacent CSAs CSA will be reviewed for available FISH Capacitycapacity. (a) 1. In conducting the adjacency reviewreview for available capacity, the School Board staff shall first use the consider adjacent CSA with the most available FISH Capacity capacity to evaluate accommodate projected enrollment and, if necessary, shall continue to the review each adjacent CSA with the next most available FISH Capacity until all adjacent CSAs have been evaluated or for available capacity to satisfy space required to accommodate the available FISH Capacity has been projected enrollment. If capacity is identified to allow accommodate the projected enrollment, School Board staff shall issue a SCADL approving school concurrency to be issuedindicating that capacity is available. (b) 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard for any school type, and there is available FISH Capacity capacity in an adjacent CSA, the actual development impacts shall be shifted to the contiguous CSA(s) an adjacent CSA having available FISH Capacitycapacity. This shift shall may be accomplished through attendance boundary changes or by assigning future students from the impacts of the development to an adjacent CSA. Section 12.2(d) of this Agreement shall be observed when considering adjacent FISH Capacity. (f) In the event that there is not adequate FISH Capacity available in the CSA in which the proposed development is located or in the adjacent CSAs to support the development, the School Board representative will issue either a CDL (non-binding) or a SCADL (binding) within ten (10) working days detailing why the development is not in compliance. If the developer has submitted for a Concurrency Determination (binding) the applicant will be offered the opportunity to enter into a negotiation period to allow time for the mitigation process described below in Section 13.5 of this Agreement. If the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government and the developer pursuant to Section 13.5 of this Agreementschool type(s) impacted. (g) When FISH Capacity has been determined to be available, the School Board representative shall issue a CDL (non-binding) or a SCADL (binding) verifying available FISH Capacity to the applicant and the affected local government within ten (10) working days of receipt of the application. (h) The local government shall be responsible for notifying the School Board representative when a residential development which was submitted as a binding Concurrency Determination has received a Concurrency Evaluation Finding of Nondeficiency, or functional equivalent, by the local government and when the development order for the residential development expires or is revoked...

Appears in 1 contract

Samples: Interlocal Agreement

School Concurrency Application Review. (a) Any developer submitting a Preliminary development permit application (such as a rezoning, site plan or preliminary plat)Preliminary Development Request with a residential component that is not exempt under Section 13.1(d13.1(cd) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken to the local government, for reviewundertaken by the School BoardDistrict in order to determineBoard. The application shall designate that the developer availabilitydeveloper requests to have a School Capacity Determination (non-binding) undertaken by the School Board. (b) Any developer submitting a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency capacity within the adopted LOS standard.concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (c) Any The SIAAny developer that is submitting a Preliminary Development Request simultaneously with a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. In this case the application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (d) The School Facility Planning and Concurrency Application must indicate the location of the development, number of dwelling units and unit types (single-family, multi-multi- family, apartments, etc.), or manufactured housing), a phasing schedule (if applicable), and age restrictions for occupancy (if any). The local government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiency, the local government shall transmit the application SIAapplication to the School Board DistrictBoard representative for review. A flow chart outlining the school concurrency review process is included as Appendix “C”. The process is as follows: 1. A Preliminary Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement A Final Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement. 2. A School Facility Planning and Concurrency Application for residential development is submitted to the local government initiating a sufficiency review. Once deemed sufficient, the local government transmits the School Facility Planning and Concurrency Application to the School Board to undertake a School Impact Analysis. The School Board may charge the applicant a non-refundable application fee payable to the School Board to meet the cost of review. 3. The School Board representative shall undertake the School Impact Analysis for a residential development which has been submitted and deemed sufficient for processing by the applicable local government. The application will be processed based upon whether the application is for a School Capacity Determination (non- binding) or a Concurrency Determination (binding). 4. The School Board representative shall undertake the School Impact Analysis in the order in which it is received and verify whether sufficient FISH Capacity for each type of school is available or not available in the proposed development’s CSA. a. To determine a proposed development’s projected students, the proposed development’s projected number and type of residential units shall be converted into projected students for the school of each type within the specific CSA using the Student Generation Multiplier (SGM), as established by the method described in Appendix “A.” The School Board will review the established SGM at least every five years and will amend that multiplier to reflect the current district wide student generation rates. b. New FISH Capacity within a CSA which is in place or under actual construction in the first three years of the Five Year District Facilities Work Program will be added to the FISH Capacity shown in the CSA, and is counted as available FISH Capacity for the residential development under review. (e) If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, adjacent CSAs will be reviewed for available FISH Capacity. 1. In conducting the adjacency review, the School Board shall first use the adjacent CSA with the most available FISH Capacity to evaluate projected enrollment and, if necessary, shall continue to the CSA with the next most available FISH Capacity until all adjacent CSAs have been evaluated or the available FISH Capacity has been identified to allow a SCADL approving school concurrency to be issued. 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard and there is available FISH Capacity in an adjacent CSA, actual development impacts shall be shifted to the contiguous CSA(s) having available FISH Capacity. This shift shall be accomplished through boundary changes or by assigning future students from the development to an adjacent CSA. Section 12.2(d) of this Agreement shall be observed when considering adjacent FISH Capacity. (f) In the event that there is not adequate FISH Capacity available in the CSA in which the proposed development is located or in the adjacent CSAs to support the development, the School Board representative will issue either a CDL (non-binding) or a SCADL (binding) within ten (10) working days detailing why the development is not in compliance. If the developer has submitted for a Concurrency Determination (binding) the applicant will be offered the opportunity to enter into a negotiation period to allow time for the mitigation process described below in Section 13.5 of this Agreement. If the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government and the developer pursuant to Section 13.5 of this Agreement. (g) When FISH Capacity has been determined to be available, the School Board representative shall issue a CDL (non-binding) or a SCADL (binding) verifying available FISH Capacity to the applicant and the affected local government within ten (10) working days of receipt of the application. (h) The local government shall be responsible for notifying the School Board representative when a residential development which was submitted as a binding Concurrency Determination has received a Concurrency Evaluation Finding of Nondeficiency, or functional equivalent, by the local government and when the development order for the residential development expires or is revoked...

Appears in 1 contract

Samples: Interlocal Agreement

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School Concurrency Application Review. (a) Any developer Applicant submitting an application for a Preliminary Development Request site plan, subdivision plan, plat or functional equivalent with a residential component that is not exempt under Section 13.1(d11.1(c) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken form to the Local Government, for review by the School BoardBoard staff. The application shall designate that the developer requests to have a School Capacity Determination (non-binding) undertaken by the School Board. (b) Any developer submitting a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (c) Any developer that is submitting a Preliminary Development Request simultaneously with a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. In this case the application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (d) The School Facility Planning and Concurrency Application SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, or manufactured housing)units, a phasing schedule (if applicable), and age age-restrictions for occupancy (if any). The local government Local Government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiencyOnce deemed sufficient, the local government Local Government shall transmit the application and the SIA to the School Board representative staff for review. A flow chart outlining the school concurrency review process is included as Appendix C. The process is as follows: 1. A Preliminary Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement A Final Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement. 2. A School Facility Planning and Concurrency Application a. An application for residential development is submitted to the local government Local Government initiating a sufficiency review. Once deemed sufficient, the local government transmits Local Government will time and date stamp the School Facility Planning application and Concurrency Application the SIA, and transmit both to the School Board to undertake a School Impact Analysisstaff for review. The School Board may shall charge the applicant Applicant a non-refundable application fee payable to the School Board to meet the cost of concurrency review. A receipt for payment from the School District shall be included with the SIA upon submittal to the Local Government. 3. b. The School Board District representative shall undertake review the School Impact Analysis Applicant’s SIA for a residential development which has been submitted and deemed sufficient for processing by the applicable local government. The application will be processed based upon whether the application is for a School Capacity Determination (non- binding) or a Concurrency Determination (binding)Local Government. 4. c. The School Board District representative shall undertake the School Impact Analysis review each SIA in the order in which it is received and verify whether sufficient FISH Capacity student stations for each school type of school is are available or not available in the proposed development’s CSACSA to support the Applicant’s proposed development. a. 1. To determine a proposed development’s projected students, the proposed development’s projected number and type of residential units shall be converted into projected students for the school all schools of each type within the specific CSA using the Student Generation Multiplier (SGM), as established by the method described in Appendix “A.” The School Board will review the established SGM at least every five years and will amend that multiplier to reflect the current district wide student generation ratesRates. b. 2. New FISH Capacity school capacity within a CSA CSA, which is in place or under actual construction in at the first three years time of the Five Year District Facilities Work Program application, will be added to the FISH Capacity capacity shown in the CSA, and is counted as available FISH Capacity for the residential development under review. (e) d. If the projected student growth from a an Applicant’s proposed residential development causes the adopted LOS for any school type to be exceeded in the CSA, an adjacent CSAs CSA will be reviewed for available FISH Capacitycapacity. 1. In conducting the adjacency reviewreview for available capacity, the School Board staff shall first use the consider adjacent CSA with the most available FISH Capacity capacity to evaluate accommodate projected enrollment and, if necessary, shall continue to the review each adjacent CSA with the next most available FISH Capacity until all adjacent CSAs have been evaluated or for available capacity to satisfy space required to accommodate the available FISH Capacity has been projected enrollment. If capacity is identified to allow accommodate the projected enrollment, School Board staff shall issue a SCADL approving school concurrency to be issuedindicating that capacity is available. 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard for any school type, and there is available FISH Capacity capacity in an adjacent CSA, the actual development impacts shall be shifted to the contiguous CSA(s) an adjacent CSA having available FISH Capacitycapacity. This shift shall may be accomplished through attendance boundary changes or by assigning future students from the impacts of the development to an adjacent CSA. Section 12.2(dCSA for the school type(s) of this Agreement shall be observed when considering adjacent FISH Capacityimpacted. (f) e. In the event that there is not adequate FISH Capacity capacity available in to support the adopted LOS standard within the CSA in which the proposed development is located located, or in the an adjacent CSAs CSA to support the developmentdevelopment impacts, the School Board representative staff will issue either a CDL (non-binding) or a SCADL within twenty (binding) within ten (1020) working days of receipt of the SIA detailing why the development is not in compliance. If the developer has submitted for a Concurrency Determination (binding) , and offer the applicant will be offered the opportunity to enter into a negotiation period to allow time for provide proportionate share mitigation through the mitigation process described below in Section 13.5 11.5 of this Agreement, revise the application, or withdraw the application. If the applicant pursues the mitigation option and the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government Local Government and the developer Applicant pursuant to Section 13.5 11.5 of this Agreement. (g) f. When FISH Capacity capacity has been determined to be available, the School Board representative staff shall issue a CDL (non-binding) or a SCADL (binding) verifying available FISH Capacity capacity to the applicant and the affected local government within ten (10) working days of receipt of the applicationLocal Government. (h) g. The local government Local Government shall be responsible for notifying the School Board representative staff when a residential development which was submitted as a binding Concurrency Determination has received a Certificate of Concurrency Evaluation Finding of Nondeficiency, or functional equivalent, by the local government (COC) and when the development order COC for the residential development expires is modified or is revoked....

Appears in 1 contract

Samples: Interlocal Agreement

School Concurrency Application Review. (a) Any developer Applicant submitting an application for a Preliminary Development Request site plan, subdivision plan, plat or functional equivalent with a residential component that is not exempt under Section 13.1(d11.1(c) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken form to the Local Government, for review by the School BoardBoard staff. The application shall designate that the developer requests to have a School Capacity Determination (non-binding) undertaken by the School Board. (b) Any developer submitting a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. The application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (c) Any developer that is submitting a Preliminary Development Request simultaneously with a Final Development Request with a residential component that is not exempt under Section 13.1(d) of this Agreement is subject to school concurrency and must prepare and submit to the local government a School Facility Planning and Concurrency Application to have a School Impact Analysis (SIA) undertaken by the School Board. In this case the application shall designate that the developer requests to have a Concurrency Determination (binding) undertaken by the School Board. (d) The School Facility Planning and Concurrency Application SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, or manufactured housing)units, a phasing schedule (if applicable), and age age-restrictions for occupancy (if any). The local government Local Government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiencyOnce deemed sufficient, the local government Local Government shall transmit the application and the SIA to the School Board representative staff for review. A flow chart outlining the school concurrency review process is included as Appendix C. The process is as follows: 1. A Preliminary Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement A Final Development Request may be exempt from a School Impact Analysis under Section 13.1(d) of this Agreement. 2. A School Facility Planning and Concurrency Application a. An application for residential development is submitted to the local government Local Government initiating a sufficiency review. Once deemed sufficient, the local government transmits Local Government will time and date stamp the School Facility Planning application and Concurrency Application the SIA, and transmit both to the School Board to undertake a School Impact Analysisstaff for review. The School Board may shall charge the applicant Applicant a non-refundable application fee payable to the School Board to meet the cost of concurrency review. Payment shall be included with the SIA upon submittal to the Local Government. 3. b. The School Board District representative shall undertake review the School Impact Analysis Applicant’s SIA for a residential development which has been submitted and deemed sufficient for processing by the applicable local government. The application will be processed based upon whether the application is for a School Capacity Determination (non- binding) or a Concurrency Determination (binding)Local Government. 4. c. The School Board District representative shall undertake the School Impact Analysis review each SIA in the order in which it is received and verify whether sufficient FISH Capacity student stations for each school type of school is are available or not available in the proposed development’s CSACSA to support the Applicant’s proposed development. a. 1. To determine a proposed development’s projected students, the proposed development’s projected number and type of residential units shall be converted into projected students for the school all schools of each type within the specific CSA using the Student Generation Multiplier (SGM), as established by the method described in Appendix “A.” The School Board will review the established SGM at least every five years and will amend that multiplier to reflect the current district wide student generation ratesRates. b. 2. New FISH Capacity school capacity within a CSA CSA, which is in place or under actual construction in at the first three years time of the Five Year District Facilities Work Program application, will be added to the FISH Capacity capacity shown in the CSA, and is counted as available FISH Capacity for the residential development under review. (e) d. If the projected student growth from a an Applicant’s proposed residential development causes the adopted LOS for any school type to be exceeded in the CSA, an adjacent CSAs CSA will be reviewed for available FISH Capacitycapacity. 1. In conducting the adjacency reviewreview for available capacity, the School Board staff shall first use the consider adjacent CSA with the most available FISH Capacity capacity to evaluate accommodate projected enrollment and, if necessary, shall continue to the review each adjacent CSA with the next most available FISH Capacity until all adjacent CSAs have been evaluated or for available capacity to satisfy space required to accommodate the available FISH Capacity has been projected enrollment. If capacity is identified to allow accommodate the projected enrollment, School Board staff shall issue a SCADL approving school concurrency to be issuedindicating that capacity is available. 2. If a proposed new development causes the LOS in the CSA in which it is located to exceed the adopted LOS standard for any school type, and there is available FISH Capacity capacity in an adjacent CSA, the actual development impacts shall be shifted to the contiguous CSA(s) an adjacent CSA having available FISH Capacitycapacity. This shift shall may be accomplished through attendance boundary changes or by assigning future students from the impacts of the development to an adjacent CSA. Section 12.2(dCSA for the school type(s) of this Agreement shall be observed when considering adjacent FISH Capacityimpacted. (f) e. In the event that there is not adequate FISH Capacity capacity available in to support the adopted LOS standard within the CSA in which the proposed development is located located, or in the an adjacent CSAs CSA to support the developmentdevelopment impacts, the School Board representative staff will issue either a CDL (non-binding) or a SCADL within twenty (binding) within ten (1020) working days of receipt of the SIA detailing why the development is not in compliance. If the developer has submitted for a Concurrency Determination (binding) , and offer the applicant will be offered the opportunity to enter into a negotiation period to allow time for provide proportionate share mitigation through the mitigation process described below in Section 13.5 11.5 of this Agreement, revise the application, or withdraw the application. If the applicant pursues the mitigation option and the proposed mitigation is accepted, the School Board shall enter into an enforceable and binding agreement with the affected local government Local Government and the developer Applicant pursuant to Section 13.5 11.5 of this Agreement. (g) f. When FISH Capacity capacity has been determined to be available, the School Board representative staff shall issue a CDL (non-binding) or a SCADL (binding) verifying available FISH Capacity capacity to the applicant and the affected local government within ten (10) working days of receipt of the applicationLocal Government. (h) g. The local government Local Government shall be responsible for notifying the School Board representative staff when a residential development which was submitted as a binding Concurrency Determination has received a Certificate of Concurrency Evaluation Finding of Nondeficiency, or functional equivalent, by the local government (COC) and when the development order COC for the residential development expires is modified or is revoked....

Appears in 1 contract

Samples: Interlocal Agreement

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