Common use of Insufficient Capacity Clause in Contracts

Insufficient Capacity. Based on the adopted level of service standard for schools, if sufficient school capacity is not available or planned to serve a development at the time of impact, the School Board staff shall advise the applicable Local Government of the capacity deficiencies. If sufficient capacity is not available or planned to serve the development at the projected time of impact, the Local Government shall advise the developer that the School Board staff has identified there may be insufficient capacity to serve the development at the time of projected impact. The Local Government shall then advise the developer that they may choose to explore with the School Board and Local Government to provide mitigation for the anticipated impact at the time of review of the final site plan, final plat, or the functional equivalent. If the developer chooses to utilize the options identified in Section 11.5 of this Agreement, the developer shall enter into an enforceable and binding agreement with the School Board and Local Government. It is required that an enforceable and binding agreement be executed by the School Board prior to the Local Government’s public hearing for approval of the final site plan, final plat, or the functional equivalent. When the agreement is approved by the School Board, the agreement will then be presented for approval to the Local Government at the public hearing for the final site plan, final plat, or the functional equivalent. If the developer chooses not to utilize this option, the developer shall acknowledge in writing to the School Board that they understand that they shall be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a Planning Level Review. The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity.

Insufficient Capacity. Based on the adopted level of service standard for schools, if sufficient school capacity is not available or planned to serve a development at the time of impact, the School Board staff shall advise the applicable Local Government of the capacity deficiencies. If sufficient capacity is not available available, projected to be available, or planned to serve the development at the projected time of impact, the Local developer shall mitigate for its impacts to the deficiencies through Section 11.5 of this AgreementLocal Government shall advise the developer that the School Board staff has identified there may be insufficient capacity to serve the development at the time of projected impact. The Local Government shall then advise the developer that they may choose to explore negotiate with the School Board and Local Government to provide mitigation for the anticipated impact at the time of review of the final site plancomprehensive plan amendment, final plat, rezoning or the functional equivalentDRI. If the developer chooses to utilize the options identified in Section 11.5 of this Agreement, the developer shall enter into an enforceable and binding agreement with the School Board and Local Government. It is required that an enforceable and binding agreement be executed by the School Board prior to the Local Government’s Government public hearing for approval of the final site plancomprehensive plan amendment, final platrezoning, or the functional equivalentDRI. When the agreement is approved by the School Board, the agreement will then be presented for approval to the Local Government at the public hearing for the final site plancomprehensive plan amendment, final platrezoning, or the functional equivalentDRI. If the developer chooses not to utilize this option, the developer shall acknowledge in writing to the School Board Local Government that they understand that they shall be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a Planning Level Review. The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a “Planning Level Review.” The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. If potential school capacity deficits are identified at the planning level review stage, the applicant will be notified, and will be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent.

Insufficient Capacity. Based on the adopted level of service standard for schools, if sufficient school capacity is not available or planned to serve a development at the time of impact, the School Board staff shall advise the applicable Local Government of the capacity deficiencies. If sufficient capacity is not available or planned to serve the development at the projected time of impact, the Local Government shall advise the developer that the School Board staff has identified there may be insufficient capacity to serve the development at the time of projected impact. The Local Government shall then advise the developer that they may choose to explore negotiate with the School Board and Local Government to provide mitigation for the anticipated impact at the time of review of the final site plancomprehensive plan amendment, final plat, rezoning or the functional equivalentDRI. If the developer chooses to utilize the options identified in Section 11.5 of this Agreement, the developer shall enter into an enforceable and binding agreement with the School Board and Local Government. It is required that an enforceable and binding agreement be executed by the School Board prior to the Local Government’s Government public hearing for approval of the final site plancomprehensive plan amendment, final platrezoning, or the functional equivalentDRI. When the agreement is approved by the School Board, the agreement will then be presented for approval to the Local Government at the public hearing for the final site plancomprehensive plan amendment, final platrezoning, or the functional equivalentDRI. If the developer chooses not to utilize this option, the developer shall acknowledge in writing to the School Board Local Government that they understand that they shall be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a Planning Level Review. The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity.