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Vesting is allowed for projects with a proportionate share agreement or an approved developer's agreement for a major roadway improvement. 2 At the time of vesting, the applicant must pay appropriate impact fees. i. A Conditional SCADL is a determination that adequate school capacity is available at the time of evaluation but does not vest school capacity. If Available School Capacity is not sufficient to meet the school demand associated with the development application, a determination letter may be issued with a condition identifying improvements necessary to meet an adopted Level of Service Standard and the cost -feasible mechanism for implementing the necessary improvements. This shall not limit the authority of a Local Government to deny a Development Permit or its functional equivalent, pursuant to its home rule regulatory powers. ii. A Final SCADL vests School Capacity. A Final SCADL shall not be required in conjunction with a building permit if the residential unit is already vested through a previously issued Final SCADL. (c) In the event that there is not sufficient Available School Capacity in the School Service Area in which the Proposed Residential Development is located or in an adjacent School Service Area to support the development, the School Board shall, pursuant to Agreement entertain any developer proposed Proportionate Share Mitigation. If the proposed mitigation is accepted, the school board shall enter into an enforceable and binding agreement with the affected Local Government and the developer pursuant to this Agreement. (d) The Local Development Order SCADL Required Vesting Vesting Proposed Residential Development has Allowed Required 1 Comprehensive Plan Land Use Conditional No No Amendments and Rezonin s 2 Conceptual Development Plans Conditional No No 3 _4 Preliminary Plats Conditional No No Final Site Plans and Land Conditional or Final Yes No Development Permits for Roads, Drainage and Utilities 5 Building Permits Final Yes Yes Vesting is allowed for projects with a proportionate share agreement or an approved developer's agreement for a major roadway improvement. 2 At the time of vesting, the applicant must pay appropriate impact fees. i. A Conditional SCADL is a determination that adequate school capacity is available at the time of evaluation but does not vest school capacity. If Available School Capacity is not sufficient to meet the school demand associated with the development application, a determination letter may be issued with a condition identifying improvements necessary to meet an adopted Level of Service Standard and the cost -feasible mechanism for implementing the necessary improvements. This shall not limit the authority of a Local Government to deny a Development Permit or its functional equivalent, pursuant to its home rule regulatory powers. ii. A Final SCADL vests School Capacity. A Final SCADL shall not be required in conjunction with a building permit if the residential unit is already vested through a previously issued Final SCADL. (c) In the event that there is not sufficient Available School Capacity in the School Service Area in which the Proposed Residential Development is located or in an adjacent School Service Area to support the development, the School Board shall, pursuant to Agreement entertain any developer proposed Proportionate Share Mitigation. If the proposed mitigation is accepted, the school board shall enter into an enforceable and binding agreement with the affected Local Government and the developer pursuant to this Agreement. (d) The Local Government shall be responsible for notifying the School District when a Proposed Residential Development has paid its school impact fees and when the Development Order for the Proposed Residential Development expires. 14.3 Student Generation Calculation (a) To determine a Proposed Residential Development's projected students, the projected number and type of residential units shall be converted into projected students for all schools of each type within the specific School Service Area using the School District Student Generation Multipliers contained in Appendix "F." 14.4 Utilization Determination (a) The School District shall create and maintain a Development Review Table (DRT) for each School Service Area, and will use the DRT to compare the projected students from Proposed Residential Developments to the School Service Area's Available School Capacity. Available School Capacity F1Community Development\Osem\LONG RANGE\CompPlan Amendments\Pubfic Schools\Updates'JLA\FINAL IRC Interlocal Ageement -January 31, 2008.doc 24