Item 5: PH on Ordinance Concerning Amendments to Public Facilities and Services Plan

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This chapter describes the method to be used in the event it becomes necessary or appropriate to modify the text, tables or the maps contained in the Public Facilities and Services Plan (“the Plan”). Flexibility of the Plan Certain public facility project descriptions, location or service area designations will necessarily change as a result of subsequent design studies, capital improvement programs, environmental impact studies and changes in potential sources of funding. The Plan is not designed to either prohibit projects not included in the plan for which unanticipated funding has been obtained, preclude project specification and location decisions made according to the National Environmental Policy Act, or subject administrative and technical changes to the plan to post-acknowledgement review or review by the Land Use Board of Appeals. For the purposes of this Plan, two types of modifications are identified. A. Modifications requiring amendment of the Plan. The following modifications require amendment of the Plan: 1. Amendments, which include those modifications or changes (as represented by Table 16a) to the location or provider of public facility projects which significantly impact a public facility project identified in the comprehensive plan, and which do not qualify as administrative or technical and environmental changes, as defined below. Amendments are subject to the administrative procedures and review and appeal procedures applicable to land use decisions. 2. Adoption of capital improvement program project lists by any service provider does not require modification of this Plan unless the requirements of subparagraph 1 above are met. B. Modifications permitted without amendment of the Plan. The following modifications do not require amendment of this Plan: 1. Administrative changes are those modifications to a public facility project which are minor in nature and do not significantly impact the project’s general description, location, sizing, capacity or other general characteristic of the project. 2. Technical and environmental changes are those modifications to a public facility project which are made pursuant to "final engineering" on a project or those which result from the findings of an Environmental Assessment or Environmental Impact Statement conducted under regulations implementing the procedural provisions of the National Environmental Policy Act of 1969 or any federal or state agency project development regulations consistent with that Act and its regulations. Process for making Changes Appendix B Page 6