§ 59.504. Action of CMO if One or More Public Facilities Are Found Not to be Concurrent.

Concurrency Encumbrance Denial Letter. If, during the concurrency evaluation, the CMO determines that one or more public facilities or services are not concurrent, the CMO shall issue a Concurrency Encumbrance Denial Letter, which shall advise the applicant that capacity is not available for one (1) or more public facilities or services and that applicant has been placed on the Waiting List. The applicant may within ten (10) working days from the issuance of a Concurrency Encumbrance Denial Letter enter the concurrency resolution process. If the applicant is not the property owner, the Concurrency Encumbrance Denial Letter shall also be sent to the property owner. At a minimum, the Concurrency Encumbrance Denial Letter shall include:

1)

Property owner's name, address and telephone number; and

2)

Applicant's name, address and telephone number; and

3)

Concurrency Management Account Number; and

4)

Proposed use(s) by land use category, square feet and number of units; and

5)

The public services or facilities determined not to be concurrent, including the level of the deficiency, if known; and

6)

Status of any applicable waiting lists; and

7)

The options available to the applicant, including but not necessarily limited to remaining on the waiting list for capacity and entering the concurrency resolution process set out in Part 8 of this chapter.

(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)