Issuance and Term of School Concurrency Clause Samples

The 'Issuance and Term of School Concurrency' clause defines the process and duration for granting approval that a proposed development will not overburden local school capacity. Typically, this clause outlines the conditions under which a concurrency certificate is issued, the time period for which it remains valid, and any requirements for renewal or extension. For example, it may specify that a developer must obtain a concurrency certificate before receiving final project approval, and that the certificate is valid for a set number of years. The core function of this clause is to ensure that new developments are coordinated with school capacity planning, thereby preventing overcrowding and ensuring that adequate educational facilities are available for future residents.
Issuance and Term of School Concurrency a) When the School Board representative reviews a development project application and determines that sufficient capacity is available at the adopted LOS to necessitate the students projected to be generated from the development project, the School Board representative shall issue a School Concurrency Reservation Letter indicating that adequate school facilities exist to support the student impacts. Issuance of a reservation letter by the School Board identifying that adequate capacity exists indicates only that school facilities are currently available, and capacity will not be reserved until the local government issues a Concurrency Reservation Certificate (CRC). b) A local government shall not issue a CRC for a residential development until receiving confirmation of available school capacity in the form of a School Concurrency Reservation Letter from the School Board. Once the local government has issued a CRC, school concurrency for the residential development shall be valid for the life of the CRC. Expiration, extension or modification of a CRC for a residential development shall require a new review for adequate school capacity to be performed by the School Board. c) Local governments shall notify the School District within ten (10) days of any change in the status of a CRC for a residential development. d) The Local Government shall not issue a building permit or its functional equivalent for a non-exempt residential development until receiving confirmation of available school capacity from the School Board in the form of a School Concurrency Reservation Letter. Once the local government has issued a CRC, school concurrency for the residential development shall be valid for the life of the CRC. e) If the student impacts from a proposed development would cause the adopted Level of Service to be exceeded, the School Board representative will issue a Concurrency Deficiency Letter detailing why the development is not in compliance, and offering the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process described below in Section 14.7.
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