Section 86-7. concurrency evaluation finding of deficiency.

(a) If it is found in the concurrency management evaluation of a development proposal that the issuance of a development order or permit would cause a deficiency (with reference to the adopted standards) at the time of project impact in the level of service provided by one or more of the six critical types of public facilities, the city shall deny, defer, conditionally approve or require modification of the proposal to ensure that no such deficiency emerges.

(b) If the concurrency evaluation results in a finding of deficiency as noted in subsection (a) of this section, the applicant may, by paying a scheduled fee set forth in appendix B to this code, reserve priority for one year over subsequent applications competing for the same facility capacity. When adequate capacity becomes available, the city will notify those applicants with the highest priority and who have maintained their reservations that there is a finding of nondeficiency on their applications. This finding of nondeficiency (concurrency compliance certification) shall be valid for 45 days from date of issuance, subject to resubmission of the corresponding application for a development permit during that timeframe.

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