Laserfiche WebLink
<br />development regulations to require that all non-exempt new residential <br />units be reviewed for public school concurrency at the time of final plat or <br />site plan (or functional equivalent), using the coordination processes <br />specified in Section 7 above, within one hundred and twenty (120) days of <br />the effective date of the Comprehensive Plan amendment(s) implementing <br />public school concurrency. In the event that the Comprehensive Plan <br />amendment(s) or amendment(s) to this Amended and Restated <br />Aareement. which are necessary to implement public school concurrency <br />are challenged, the land development reaulations shall be adopted within <br />one hundred and twenty (120) days after the resolution of such challenge. <br />The County or any City may choose to request from the School Board's <br />staff and provide. an informational assessment of public school <br />concurrency at the time of preliminary plat or subdivision, but the test of <br />concurrency shall be at final subdivision, site plan (or functional <br />equivalent). The assessment of available capacity by the School Board <br />shall consider maximization of capacity and shiftina of impacts as further <br />detailed above. The County and Cities shall not deny a final subdivision <br />or site plan (or functional equivalent) for the failure to achieve and <br />maintain the adopted Level of Service Standard for public school capacity <br />where: <br /> <br />(i) adequate school facilities will be in place or under actual <br />construction within three (3) years after the issuance of the <br />final subdivision or site plan (or functional equivalent); or <br /> <br />(in the developer executes a legally binding commitment to <br />provide mitiaation proportionate to the demand for public <br />school facilities to be created by the actual development of <br />the property subiect to the final plat or site plan (or functional <br />equivalent) as provided in Section 9.2(a) below. <br /> <br />However, this Amended and Restated Aareement shall not be construed <br />to limit the authority of any City or the County to deny the final plat or site <br />plan (or functional equivalent) for reasons other than failure to achieve and <br />maintain the adopted Level of Service Standard for public school capacity. <br />The County and Cities, in consultation with the School Board, shall also <br />amend their concurrency manaaement systems in their land development <br />reaulations to address public school facilities, so that the annual <br />monitorinq reports provided to their aovernina bodies shall cover schools <br />as well as the other concurrency facilities within one hundred and twenty <br />(120) days of the effective date of this Amended and Restated Aareement. <br /> <br />Upon final action by the City or County reaardinq the application for final <br />plat. site plan or functional equivalent. the City or County shall send <br />written notice to the School Board indicatina that the application was <br />aranted final approval or denied. If the application received final approval, <br /> <br />24 <br />