§ 86-6. Concurrency review.

(a)

Findings of director of planning. The director of planning shall, at the request of the applicant, issue a concurrency evaluation finding of either nondeficiency or deficiency which shall be binding for the following development permits: site plan approval, subdivision plat (preliminary and final), and building permit. This evaluation shall occur at the time of official submittal.

(b)

Timeframe validity of concurrency evaluation finding of nondeficiency.

(1)

Site plan approval nondeficiency findings shall remain valid for the life of the site plan according to the site plan approval process.

(2)

Subdivision plat nondeficiency findings shall remain valid for the total subdivision or a phase for which all required improvements have been approved by the city and are to be installed within a one-year timeframe.

(3)

Building permit nondeficiency findings shall remain in effect until the construction has been completed or for the life of the building permit as established by the city. The building permit must be issued within 60 days of the finding in order for the nondeficiency finding to remain valid.

(c)

Concurrency evaluation findings.

(1)

The director of planning shall use the concurrency evaluation parameters for each of the six public facilities in determining if a proposed project shall have either a nondeficiency finding or a deficiency finding.

(2)

A nondeficiency finding shall be made if a proposed project is determined to be nondeficient for all six public facilities.

(3)

A deficiency finding shall be made if the proposed project is deficient for any of the six public facilities. A deficiency finding shall negate the issuance of a final development order or force deferral of the issuance until a nondeficiency finding can be made.

(d)

Cumulative records of level of service. The director of planning shall maintain records of the level of service allocations permitted by the binding concurrency evaluation procedure relative to the operating levels of service for the public facilities mentioned in section 86-2 for which the director of planning is responsible. At least once per year, the city shall rectify the cumulative record to delete projects that have expired or that have been assimilated into the system.

(e)

Vested project review. Upon receipt of an application for a final development permit for a vested project, the director of planning may approve the final development order after making a finding of nondeficiency.

(Code 1988, § 28-6)