Section 86-12. Conditional approval of development orders or permits.
If the concurrency evaluation review indicates that the potential impact of a proposed development project will cause a deficiency in the level of service of one of the six critical public facilities, the city may conditionally approve the development order or permit under certain specific circumstances as follows:
(1) subdivision plats and site plans. subdivision plats and site plans may be conditionally approved if the indicated public facilities deficiency will be corrected by the time of project impact through an adequate facility improvement included in the city's capital improvements program and budget or in that of another local government responsible for providing the service in question.
(2) Building permits.
a. Building permits may be conditionally approved, if construction of the necessary public facility improvement is either:
1. Budgeted in the annual capital improvements budget;
2. Under binding contract for construction;
3. Already under construction; or
4. Under some other binding financial commitment.
b. Building permits may be conditionally approved if the developer enters into a legally binding financial commitment to construct all of the improvements necessary to concurrently accommodate the development impacts.
c. Building permits may be conditionally approved if the applicable impact fees or fees-in-lieu-of, which relate to the needed public facility improvements scheduled within the capital improvements program, are paid at the time of permit issuance to accommodate development impacts.