Article 13.6 - Application & Review Procedure

13.6.1 When Required

Subject to the requirements of this section, no Development Proposal Application will be accepted by the Town unless an Adequate Public Facilities (APF) Application is submitted prior to, or in conjunction with the Development Proposal application.

13.6.2 Requirements for APF Application

a) Pre-Submittal Meeting Required. Prior to submission of an APF Application, the applicant must meet with the Administrator to confirm the scope and applicability of this Article and to identify potential Public Facility deficiencies that may need to be mitigated. At or following the pre-submittal meeting, the Administrator shall:

(1) provide the current APF Schedule;

(2) identify planned and funded Capital Improvements that affect Available Capacity for the project;

(3) provide other relevant and available demand and Capacity information for Public Facilities; and

(4) summarize the scope of the APF Application requirements, which shall include, but not necessarily be limited to, the information listed in subsection 13.6.2(b).

b) General APF Application Requirements. The APF Application shall include:

(1). A description of the Proposed Development, including the type and amount of each proposed land use.

(2). A Phasing Schedule, as applicable.

(3). A description of any past or proposed Public Facility dedicated, constructed, or funded in order to mitigate the impacts of the Proposed Development.

(4). A Mitigation Plan, if applicable, proposing any improvements to be completed by the applicant.

(5). Other information required by the Administrator in order to evaluate the APF Application and to make a Determination of Adequacy.

13.6.3 Completeness Review

Within ten (10) working days of its receipt, the Administrator shall determine whether the APF Application is complete and complies with the submission requirements set forth in section 13.6.2. If the APF Application is complete and the submission requirements have been met, the Administrator shall provide copies of the application to responsible agencies and Town departments for review and input regarding Available Capacity. If the APF Application is not complete, the Administrator will notify the applicant of its deficiencies in writing within fifteen (15) working days of its receipt.

13.6.4 Determination of Adequacy & Allocation of Capacity

a) After consultation with the responsible agency or Town department, the Administrator shall determine whether Available Capacity exists for each applicable Public Facility, based on the level of service standards set forth in section 13.4 and the following:

1) Calculate Total Capital Improvements by adding:

a. Capacity provided by Existing Capital Improvements, based on the LOS standards set forth in Section 13.4, to

b. The Capacity of any Planned Capital Improvements.

2) Calculate Available Capacity by subtracting from the Total Capital Improvements the sum of:

a. Used Capacity;
b. Committed Capacity;
c. Reserved Capacity;
d. Allocated Capacity; and
e. the demand on Public Facilities created by the Proposed Development.

b) The Administrator's Determination of Adequacy shall be reflected in a written report that:

(i) Identifies Existing and Planned Capital Improvements and any Available Capacity of Public Facilities that serve the
Proposed Development, pursuant to the terms of this Article.

(ii) Describes Capital Improvements funded and assumed to be in place to serve the Proposed Development.

(iii) Identifies any previously dedicated, constructed, or funded Public Facility made in order to mitigate the impacts
of the Proposed Development.

(iv) Sets forth findings and conclusions related to the impact of the Proposed Development on Available Capacity.

(v) After consultation with the responsible agency or Town department, states whether there is Available Capacity
for each applicable Public Facility sufficient to accommodate the Proposed Development.

c) Approval of Determination of Adequacy.

1) Where Available Capacity exists for each applicable Public Facility, the Administrator shall issue a Determination of Adequacy.

2) Upon issuance of a Determination of Adequacy by the Administrator, the Administrator shall:

a. Notify the applicant in writing within ten (10) working days of the Determination of Adequacy and APF Allocation; and

b. Record the APF Allocation on the Adequate Public Facilities Schedule.

3) If a Determination of Adequacy is based on an Advanced Facility, the APF Allocation and approval of the
APF Application shall be conditioned on the timely completion of the Advanced Facility.

13.6.5 Duration and effect of a Determination of Adequacy

a) Unless an extension is granted as provided in (b) below, a Determination of Adequacy and the issuance of an APF Allocation shall be deemed to indicate that:

1) Available Capacity exists at the time of the Determination of Adequacy by the Administrator; and

2) Except as provided in (a)(3)-(5) below, a Determination of Adequacy shall remain valid provided that, within one (1) year the issuance of the Determination of Adequacy, the applicant has achieved vesting under section 2.2 of the Zoning Ordinance.

3) The Determination of Adequacy shall expire if one of the above approvals expires pursuant to the terms of the Zoning or Subdivision Ordinance.

4) A Determination of Adequacy issued as provided above shall expire if a certificate of occupancy, or final plat approval, as applicable has not been completed within three (3) years of the approval described in (a)(2) above.

5) A Determination of Adequacy shall be withdrawn from the APF Schedule, if an applicant releases the determination to the Town in writing.

b) Upon the request of the applicant, the Town Board may extend the duration of a Determination of Adequacy. No extension will be granted except upon a showing by the applicant that the application is actively continuing through the development process, by demonstrating such factors as:

1) whether building permits for the Development Proposal have been issued and remain active;

2) whether the applicant can demonstrate unique hardship or extenuating circumstances not created by the applicant; or

3) whether site improvements and development has progressed during the duration of the initial Determination of Adequacy.

c) A Determination of Adequacy shall not affect the need for the applicant to meet all other requirements set forth in the Zoning and Subdivision Ordinances or any other lawfully adopted ordinance or law of the Town.

13.6.6 Nonavailability of Capacity; Mitigation Plans

a) If the Administrator determines that Available Capacity does not exist for a particular Public Facility and no Mitigation Plan has been proposed pursuant to subsection (c)(3) below, the Administrator shall deny the APF Application and no Determination of Adequacy or APF Allocation shall be entered.

b) Upon denial of an APF Application, the Administrator shall notify the applicant in writing within ten (10) working days of the denial and shall state the reasons for the denial and any actions that the applicant may take voluntarily to receive a Determination of Adequacy.

c) Where there is no Available Capacity or upon a denial of an APF Application, the applicant may:

1) submit a Development Proposal that has a reduced amount of development for which Available Capacity exists;

2) submit a Phased Development Proposal that includes the following:

a. a proposed Phasing Schedule setting forth the amount, location, and timing of development associated with each proposed phase;

b. a showing that Available Capacity will exist for each phase of development;

c. where Advanced Facilities are proposed, the location and timing of the proposed facilities based on the Phasing Schedule and Mitigation Plan as provided in (c)(3) below; and

d. other additional information or materials identified by the Administrator or other Town staff as necessary to ensure the timely and adequate provision of Public Facilities, based on the level of service standards and requirements of this Article.

3) propose a Mitigation Plan, at the applicant’s expense, which provides Advanced Facilities that would mitigate the proportionate-share impacts of the Proposed Development on Public Facilities, based on the Level of Service standards in section 13.4

. Should mitigation be required in conjunction with a Development Proposal, nothing shall preclude the participation of third-parties (public or private) in defraying all or a portion of the cost of such mitigation. Any Mitigation Plan that proposes the provision of Advanced Facilities must provide an estimate of the incremental cost of providing the Advanced Facilities, a schedule for commencement and completion thereof, and a description of how the Advanced Facilities will mitigate the impact of the Proposed Development. In order for a Mitigation Plan to be accepted, it must be approved by the Town Board.

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