This division applies to any amendment to the text or maps of the comprehensive plan or to the preparation or amendment of an area or corridor plan that is adopted as part of the comprehensive plan.

(Ord. No. 06-2020, § 3, 12-8-2020)

The approval process and typical timing for comprehensive plan amendments are summarized in Exhibit 301a and 301b. Actual timing may vary based on the date of submittal and scheduled hearing dates.

Exhibit 301a: Approval Process Summary

Exhibit 301b: Typical Timing

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The P&Z commission, the board of commissioners, or county administrator may initiate a request for an amendment to the future land use map or text of the comprehensive plan. A property owner may only initiate a comprehensive plan amendment if the request is in conjunction with a rezoning application.

(b)

A property owner application for a future land-use map amendment must be accompanied by an application for a zoning district map amendment, and the applications may be processed concurrently.

(c)

By resolution, the board of commissioners may establish a schedule prescribing when and how frequently comprehensive plan amendments will be considered.

(d)

Before any application is made, the applicant shall schedule a pre-application conference with the community development director to discuss the procedures and requirements for a comprehensive plan amendment request pursuant to these regulations.

(e)

The application shall be filed with the community development director, describe the proposed amendment and include a complete application in accordance with Appendix D of this UDO unless the application is being filed by a county board, commission or the county administrator on behalf of the county.

(Ord. No. 06-2020, § 3, 12-8-2020)

The community development director shall review the comprehensive plan amendment application and shall determine if the application is complete pursuant to the provisions of section 114-213. Upon finding that the application is complete, the community development director shall consult with the development review committee (DRC) and prepare a report making findings and recommendations on the application and authorize notice to be provided in accordance with section 114-218. If the community development director determines the requested comprehensive plan amendment will require a review and approval by the department of community affairs, the community development director shall initiate the required amendment process pursuant to State law. All time limits identified in this UDO for review by the county shall be tolled until the department of community affairs has completed their review.

(Ord. No. 06-2020, § 3, 12-8-2020)

In determining whether the proposed amendment should be approved, the P&Z commission and board of commissioners shall consider if the change is needed to address:

(a)

Appropriateness: Amending the comprehensive plan is the appropriate mechanism to address the matter presented and the proposed amendment does not raise policy or land use issues that would be more appropriately addressed in another manner, e.g., during the county's five or ten-year update, through the implementation schedule of the CIP, etc.

(b)

Original errors or omissions: Whether there was error or omission in the adoption of the comprehensive plan, or in the supporting premises and findings.

(c)

Subsequent events: Whether events subsequent to the comprehensive plan adoption have invalidated portions of the plan, changed the character of the county, or demonstrated new information.

(d)

Need for amendment: The need for processing the amendment prior to a routine comprehensive plan update.

(Ord. No. 06-2020, § 3, 12-8-2020)

The P&Z commission shall hold a public hearing and should render its recommendation in accordance with the procedures set forth in this article.

(Ord. No. 06-2020, § 3, 12-8-2020)

Upon receiving the P&Z commission recommendation, the board of commissioners shall hear the application. Following the hearing, the board may approve, conditionally approve or deny the application. If the application is denied, the board of commissioners shall advise the applicant of the reason for denial.

(Ord. No. 06-2020, § 3, 12-8-2020)

The approval of an amendment to the comprehensive plan does not authorize the use, occupancy, or development of property until the applicant receives necessary development approvals, such as zoning changes, subdivision, or site plan approval.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The provisions of this section apply to any application to:

(1)

Revise the text of the UDO (text amendment); or

(2)

Reclassify a lot, tract, parcel, or land area from one zoning district to another (map amendment).

(b)

Amendments to appendices. The following amendments to the appendices of this UDO may be made by resolution of the board of commissioners at any regular or special meeting:

(1)

Road classification plan. The engineering director and/or GIS coordinator shall maintain a list of all approved public roads and private roads. The engineering director shall update the list whenever the commissioners and/or staff: a) formally accept public right-of-way into the county's public road system; b) approve an abandonment of public right-of-way; c) accept an existing private right-of-way pursuant to chapter 24 "Special Districts" article III "Special County Road Pavement Tax Districts"; and d) approve a subdivision plat establishing a private right-of-way.

(2)

Submittal requirements. Modify the submittal requirements in Appendix D.

(c)

No hearings required. No public hearings are required prior to the board of commissioners adopting resolutions permitted under paragraph (b) of this section.

(Ord. No. 06-2020, § 3, 12-8-2020)

The approval process and typical timing for UDO amendments are summarized in Exhibits 309a and 309b. Actual timing may vary based on the date of submittal and scheduled hearing dates.

Exhibit 309a: Approval Process Summary

Exhibit 309b: Timing

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Zoning map amendments. The P&Z commission, the board of commissioners, the county administrator, or a property owner, may initiate a request for an amendment to the Official Zoning Map (rezoning).

(1)

If such a request is initiated by a property owner, a pre-application conference with the community development director is strongly encouraged prior to submittal of a zoning map amendment application to the community development director.

(2)

When such a request is made by the board of commissioners, P&Z commission or county administrator, the community development director shall cause an appropriate ordinance to be drafted, required notice to be provided, and set a date for a public hearing.

(3)

When any other person requests such an amendment, the application shall be filed with the community development director, describe the proposed amendment and include a complete application in accordance with Appendix D of this UDO.

(b)

UDO text amendments. An UDO text amendment may be initiated by the board of commissioners, P&Z commission, county administrator, or community development director. The community development director shall prepare the appropriate ordinance, publish such notice as required, and schedule the public hearing.

(Ord. No. 06-2020, § 3, 12-8-2020)

The community development director shall review the application and shall determine if the application is complete pursuant to the provisions of section 114-213. Upon finding that the application is complete, the community development director shall consult with the DRC, prepare a report making findings and recommendations on the application, and authorize notice to be provided in accordance with section 114-218 and the following section 114-312.

(Ord. No. 06-2020, § 3, 12-8-2020)

For text or zoning map amendments, the community development director shall provide notice as identified in section 114-218. Notice shall not be required in the case of a comprehensive revision and re-adoption of the entire zoning map unless the revision involves the rezoning of parcels of land to less intense uses or 'down zoning', in which case notification to owners of those parcels shall also be made by first class mail.

(Ord. No. 06-2020, § 3, 12-8-2020)

In its review of an application for a zoning map amendment, staff and hearing bodies shall consider the following criteria. No single factor is controlling except for paragraph (a). If the request is not consistent with the comprehensive plan, the application shall be denied unless the applicant submits an application for comprehensive plan amendment and such request is approved. For all other criteria, each criterion must be weighed in relation to the other criteria. The hearing body shall not consider any representations made by the applicant that, if the change is granted, the rezoned property will be used for only one of the possible uses permitted in the requested classification. Rather, the hearing body shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

(a)

Consistency. Whether the proposed amendment is consistent with the adopted comprehensive plan and helps carry out the purposes of this UDO;

(b)

Compatibility with neighboring lands. Whether the proposed reclassification is compatible with or would negatively impact the overall character or land use pattern on an abutting property or neighborhood near the subject property;

(c)

Adequacy of public facilities and services. Whether public facilities and services, including, but not limited to, roads, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, wastewater treatment, and solid waste services, are adequate to serve projected demands from development allowed by the amendment;

(d)

Adverse impacts. Whether the proposed reclassification will adversely affect known archaeological, historical, cultural or environmental resources; negatively impact water or air quality; negatively impact ground water recharge areas or drainage patterns; or increase soil erosion or flooding;

(e)

Suitability as presently zoned. Whether the property is suitable for authorized uses as presently zoned;

(f)

Net benefits. Whether the relative gain to the public exceeds the hardships imposed upon applicant by the existing zoning restrictions;

(g)

Development plans. Whether the applicant has plans for development of the property. Applications for multifamily or non-residential zoning classifications carry a rebuttable presumption that such rezoning shall adversely affect the zoning scheme unless a concept plan is submitted with the application;

(h)

Market demand. Whether there is projected demand for the property as currently zoned, which may be determined by the length of time the property has failed to produce income or be used productively as zoned, or whether there are substantial reasons why the lot cannot be used in accordance with the existing zoning classification; and

(i)

Health, safety, and welfare. Whether the proposed map amendment bears a substantial relationship to the public health, safety or general welfare.

(Ord. No. 06-2020, § 3, 12-8-2020)

The P&Z commission shall hold a public hearing on a proposed map or text amendment and shall render its recommendation in accordance with the procedures set forth in this chapter after considering the criteria in section 114-313. In making its recommendation on a map amendment, the P&Z commission may recommend approval, approval with conditions, or denial. In making a recommendation on a text amendment, the P&Z commission may recommend approval as presented, recommend modifications to the text, or recommend denial. If the P&Z commission recommends denial of the text amendment, the Commission shall provide reasons for the recommendation.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The board of commissioners shall conduct a public hearing on the application after receiving the P&Z commission's recommendation. The board of commissioners is not bound by any recommendations of the P&Z commission. If the P&Z commission has not made a recommendation in accordance with the procedures set forth in this chapter, the board of commissioners may proceed with the required readings and render a decision on the amendment.

(b)

The board of commissioners is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on applications for amendments.

(c)

At the conclusion of the public hearing, the board of commissioners may proceed to vote on the proposed amendment, refer it to a committee for further study or take any other action consistent with its usual rules of procedure.

(d)

After considering the criteria in section 114-313, the board of commissioners may approve, approve with conditions, or deny the application. If the application is denied, the board of commissioners shall advise the applicant of the reason for denial. The board of commissioners shall not regard as controlling any advantages or disadvantages to the individual requesting the change but shall consider the impact of the proposed change on the public at large.

(e)

If conditions are attached to the approval, the conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulations systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, storm water drainage, the provisions of open space and other matters that the board of commissioners finds appropriate or that the applicant may propose. Such conditions to approval of the application may include dedication to the County of any rights-of-way or easements for streets, water, sewer or other public utilities necessary to serve the proposed development.

(f)

Any conditions attached to the approval are binding on the property. The conditions will be part of the zoning map amendment ordinance and a violation of the conditions, unless amended or removed, shall be considered a violation of the county ordinances and subject to all the remedies provided for under State law and this UDO. If an applicant seeks to amend a condition, the same process as the zoning map amendment must be followed.

(Ord. No. 06-2020, § 3, 12-8-2020)

After deliberating the merits of a proposed UDO text amendment and considering the public health, safety, and welfare, the board of commissioners may approve, approve with amendments or reject a proposed text amendment.

(Ord. No. 06-2020, § 3, 12-8-2020)

Approval of a map amendment entitles the property owner to use the property in accordance with the standards of the applicable zoning district. The approval of an amendment to the UDO text or zoning map does not authorize the use, occupancy, or development of property until the applicant receives necessary development approvals, such as subdivision, site plan and building permit approval.

(Ord. No. 06-2020, § 3, 12-8-2020)

When the amendment involves changes to the existing zoning district boundaries, the form of the amending ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat of such land showing the new zoning classifications and indicating the boundaries. The community development director shall refer to the attested ordinance as a record of the current zoning status until such time as the zoning map can be changed.

(Ord. No. 06-2020, § 3, 12-8-2020)

A application for the amendment to the zoning map that has been denied in whole or in part, or approved to a classification other than the classification originally requested, shall not be resubmitted within one year of the date of the board of commissioners action on the original application. However, nothing in this division shall preclude the seeking of a different classification.

(Ord. No. 06-2020, § 3, 12-8-2020)

The purpose of this division is to establish procedures and review criteria for the establishment of planned development districts (PD) that comply with the purposes and standards established in article V, division 7. No building permits shall be issued prior to final development plan approval for the applicable portion of a PD district, except for single-family detached dwelling units on a single parcel.

(Ord. No. 06-2020, § 3, 12-8-2020)

The general approval process for the creation of a PD district involves a zoning map amendment which typically occurs in coordination with the subdivision of land. The approval process is two-phased with the applicant required to obtain conceptual plan approval and then obtain final development approval. The process summarized in Exhibit 322 identifies the steps involved in a typical PD district creation. Actual process may vary based on the complexity of the proposed development.

Exhibit 322: PD District Approval Process Summary

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Pre-application conference required. Before any application is made, the applicant shall schedule a pre-application conference with the community development director to discuss the procedures and requirements for a PD district request pursuant to these regulations.

(b)

Ownership and division of land. No tract of land may be considered for a PD district unless such tract is under single or unified ownership or control. If listed in several ownerships, the application for the creation of a PD district shall be accompanied by each landowner's written consent. The holder of a written option to purchase or a developer under contract shall be considered an owner for purposes of this section provided the landowner's written consent is included with the application.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. The purposes of the preliminary development plan are to demonstrate that:

(1)

The proposed land use mix and intensity are consistent with the comprehensive plan;

(2)

Proposed system of streets, trails and greenways are consistent with county plans and this UDO, as well as the mobility needs of the county and the proposed development;

(3)

The proposed development is consistent with the ability to provide and maintain public facilities and services on which the development, area and county depend;

(4)

The proposed development is well integrated with the protection of natural features, including watersheds, wetlands, woodlands and other natural features;

(5)

The proposed amenities and project design will be superior to that which could be developed through conventional zoning.

(6)

The proposed development patterns and products are compatible with the character and vitality of the neighborhood and community; and

(7)

The proposed phasing plan for the development will ensure that each proposed phase of the PD will be developed in a manner that ensures its users will be fully served by proposed public and private facilities, services and amenities.

(b)

Applicability. A preliminary development plan shall be required to show all contiguous land holdings and the development patterns for the portions of the PD district that are proposed to be developed. Preliminary development plan submittal is not required if the property has a valid PUD approval and has received a sketch plat or site plan approval prior to the adoption of this UDO. For phased PUD projects commenced before the adoption of this UDO, the applicant shall not be required to submit a preliminary development plan as long as each subsequent sketch plat or site plan is submitted within two years of the previously approved sketch plat or site plan.

(c)

Preliminary development plan process overview. The approval process and typical timing for preliminary development plan approval are summarized in Exhibits 325a and 325b. Actual timing may vary based on the date of submittal and scheduled hearing dates.

Exhibit 325a: Preliminary Development Plan Approval Process Summary

Exhibit 325b: Timing

(d)

Initiation. The preliminary development plan application shall be filed with the community development director. The preliminary development plan application shall comply with the requirements established in Appendix D. The application may include renderings illustrating the proposed development patterns and architectural character of development. If the applicant does not include development standards and/or design details, the development standards and design standards applicable to the closest zoning district, based on proposed use, shall apply.

(e)

Completeness. The community development director shall review the application and shall determine if the application is complete pursuant to the provisions of section 114-213. Upon finding that the application is complete and consulting with the DRC, the community development director shall prepare a report making findings and recommendations on the application and authorize notice to be provided in accordance with section 114-218.

(f)

Criteria for approval.

(1)

The application demonstrates that it will achieve the purposes of the PD district and this section;

(2)

The proposed PD district is consistent with the comprehensive plan;

(3)

The mix and intensity of uses is compatible with existing and proposed adjacent land uses;

(4)

The proposed land uses are meeting a market demand;

(5)

The PD furthers the county's goal of providing a diverse use of land and balances residential and commercial development;

(6)

Whether the proposed PD will adversely affect

a.

Known archeological, historical, cultural resources, such as cemeteries and historic buildings;

b.

Environmental resources;

c.

Water or air quality;

d.

Groundwater recharge areas, or drainage patterns; or

e.

Soil erosion or flooding;

(7)

The preliminary development plan conforms to all applicable provisions of this UDO;

(8)

The proposed development is in an area of the county that is appropriate;

(9)

Existing or proposed roads, utilities and other public facilities and services will be adequate to accommodate demands from existing and proposed development;

(10)

Private amenities will be sufficient to meet the demands from all proposed phases of development within the PD district;

(11)

The proposed development patterns and design are superior to development that could occur under conventional zoning; and

(12)

The phasing plan ensures that all development will be fully served by the required infrastructure as each phase is developed.

(g)

P&Z commission action. The P&Z commission shall conduct a public hearing and recommend approval, conditional approval or denial of the preliminary development plan based on the criteria established in paragraph (f) of this section.

(h)

Board of commissioners action. The board of commissioners shall conduct a public hearing and approve, conditionally approve or deny the preliminary development plan based on the criteria established in paragraph (f) of this section. The board of commissioners is not bound by the recommendation made by the P&Z commission.

(i)

Conditions. If the board of commissioners chooses to place conditions on the approval, such conditions shall be consistent with the parameters established in paragraph (f) of this section.

(j)

Effect of approval.

(1)

The PD zoning is granted at the time of preliminary development plan approval.

(2)

Approval of a preliminary development plan shall constitute approval of:

a.

Land uses, densities and development patterns;

b.

The general arrangement of roads, drainage, utilities, parks and open space, and pedestrian and bicycle trails;

c.

The locations and types of amenities to be provided; and

d.

The phasing of development and the improvements identified in this paragraph.

(3)

No clearing, grading, or construction shall be authorized until the final development plan has been approved and other applicable development approvals have been secured.

(4)

While the zoning will be retained, resubmittal of a preliminary development plan will be required unless a final development plan is approved within 24 months. For multiphase PDs, the preliminary development plan shall expire if 24 months elapse between the first final development plan approval and each successive phase or as otherwise provided in the approved phasing plan

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. The purpose of the final development plan is to demonstrate that the proposed PD is consistent with the preliminary development plan approval, the purposes and standards of the PD district and other applicable requirements of this UDO.

(b)

Applicability. Final development plan approval shall be required before a sketch plat is approved for the subject property. Final development plan approval is not required if the property has a valid PUD approval under the prior zoning ordinance that included a conceptual site plan and design guidelines.

(c)

Final development plan process overview. No hearing is required for final development plan approval unless the applicant chooses to appeal the community development director's decision to the board of commissioners, or the applicant proposes a major design modification from the approved preliminary development plan. (See Exhibit 326).

Exhibit 326: Final Development Plan Review Process and Typical Timing

(d)

Initiation. The final development plan application shall be filed with the community development director. It is the applicant's responsibility to comply with timeframes and submittal deadlines established in this UDO.

(e)

Review and action by community development director. The community development director shall review the application and shall determine if the application is complete pursuant to the provisions of section 114-213. Upon finding that the application is complete, the director shall provide the final development plan to the DRC for its review.

(1)

Following input from the DRC, the community development director shall determine if the final development plan complies with the conditions of preliminary development plan approval, and, upon making such determination, shall approve such plan, and:

a.

Transmit notice to the P&Z commission and board of commissioners of the approval of the final development plan together with a copy of the final development plan; and,

b.

Notify the applicant of the approval for the area included within the final development plan.

(2)

If the community development director determines that the final development plan submittal does not comply with the preliminary development plan approval or the criteria in paragraph (f) of this section, the community development director shall provide written notice of the denial of the final development plan submittal. If denied, the applicant may:

a.

Revise and resubmit such final development plan;

b.

Appeal the decision of the community development director to the board of commissioners; or

c.

If the final development plan constitutes a major change from the preliminary development plan, submit a new preliminary development plan application pursuant to section 114-325.

(3)

If the applicant does not receive approval of the final development plan within the required 24-month approval period, the preliminary development plan shall be void, and the applicant must submit a new preliminary development plan. The 24-month period is tolled if a final development plan is in the process of being reviewed.

(f)

Criteria for final development plan approval.

(1)

The application demonstrates that it will achieve the purposes of the PD district and this section;

(2)

The final development plan application complies with all conditions of the preliminary development plan approval and conforms to all applicable provisions of this UDO.

(g)

Effect of approval. Approval of a final development plan authorizes the applicant to proceed with sketch plat submittal.

(h)

Minor amendments to a PD approval. The community development director may authorize the following minor amendments to a preliminary or final development plan:

(1)

Deviations arising from limited technical considerations which could not reasonably be anticipated during the approval process.

(2)

Amendments required to bring the application into compliance with adopted technical codes.

(3)

Any other change which has no material effect on the character of the approved preliminary or final development plan, as determined by the community development director, such as:

a.

Driveway relocations;

b.

Facility design modifications for design, recreational or other amenities;

c.

Changes to the boundaries of open spaces and amenity areas that do not reduce the area reserved for buffers, open space, or amenities or the depth of open space, amenities or buffers that adjoin internal lots of record or external boundaries of the PD;

d.

Realignments of internal streets and trails prior to final plat approval as long as the realignment does not reduce the gross area of common areas or open spaces, reduce residential lot sizes, eliminate required buffers or create street alignments that fail to conform with county standards;

e.

Adjustment of lot boundaries for unrecorded lots that do not adjoin internal lots of record or external lots, provided that the lot boundary adjustments do not reduce average lot sizes or increase the number of lots; and

f.

Expansions of buffers, open spaces and landscape areas.

(i)

Major amendments to a PD approval. Major amendments to the preliminary development plan shall be resubmitted for preliminary development plan review and approval in accordance with section 114-325. Major amendments include:

(1)

Changes in allowable uses or the mix of uses;

(2)

Increases in the density or intensity of development;

(3)

Designation of additional land uses unless the community development director finds that the new use is substantially similar to a specifically authorized use in its intensity, character, and impacts;

(4)

Change in the location of permitted use(s) from the location shown on the approved preliminary development plan;

(5)

An increase or decrease in project area other than surveyor base data corrections;

(6)

Decrease in open space;

(7)

Change in dimensional standards set forth in the development conditions that result in a decrease in minimum standards (e.g., reduction in minimum setbacks or reductions in street widths) or increase in maximum standards (i.e. an increase in building height and/or gross density or intensity of land uses);

(8)

Change to proposed amount or design buffering, landscaping, land uses or lot sizes along the perimeter of the PD other than those specifically allowed as minor amendments in paragraph (h) of this section;

(9)

Addition or reduction of driveways or access points, especially those which negatively affect connectivity or street safety; or

(10)

Other design modifications to the approved preliminary development plan that the community development director determines to be major.

(Ord. No. 06-2020, § 3, 12-8-2020)

This division establishes a process and standards to approve certain uses that, because of unique characteristics or potential impacts on adjacent land uses, are not permitted in zoning districts as a matter of right. These uses may be permitted through the issuance of a conditional use permit (CUP) after ensuring that the use complies with the CUP approval criteria. No inherent right exists to receive a CUP. Such authorization must be approved under a specific set of circumstances and conditions. Each application and situation is unique and may be subject to specific requirements to mitigate the impacts of the proposed use.

(Ord. No. 06-2020, § 3, 12-8-2020)

The provisions of this division apply to any application for approval of a CUP. Only those uses that are authorized as conditional uses in the applicable zoning district, as set forth in article V shall be authorized by the board of commissioners.

(Ord. No. 06-2020, § 3, 12-8-2020)

The approval process and typical timing for a CUP approval are summarized in Exhibits 330a and 330b. Actual timing may vary based on the date of submittal and scheduled hearing dates.

Exhibit 330a: CUP Approval Process Summary

Exhibit 330b: Timing

(Ord. No. 06-2020, § 3, 12-8-2020)

The CUP application shall be filed with the community development director in compliance with the requirements of Appendix D.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The community development director shall review the application and shall determine if the application is complete pursuant to the provisions of section 114-213.

(b)

Upon finding that the application is complete and considering DRC comments, the community development director shall prepare a report making findings and recommendations on the application and authorize notice to be provided in accordance with section 114-218.

(Ord. No. 06-2020, § 3, 12-8-2020)

A conditional use is permitted only if the applicant demonstrates that the proposed use and its operation:

(a)

Comply with all regulations of the applicable zoning district and any applicable supplemental use regulations unless specifically modified through the approval process;

(b)

Conform to the character of the neighborhood in which it is located and not injure the use and enjoyment of property in the immediate vicinity for the purposes already permitted;

(c)

Are served by adequate public facilities as set forth herein;

(d)

Do not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district;

(e)

Are not detrimental to or endanger the public health, safety, comfort or general welfare; and

(f)

Promote the public health and welfare sufficiently to outweigh individual interests that are adversely affected by the establishment of the proposed use.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

In approving any CUP, the P&Z commission may recommend, and the board of commissioners may impose such reasonable standards, conditions, or requirements, in addition to or superseding any standard specified in the UDO, as it may deem necessary to protect the public health, safety and welfare. Such additional standards may include, but need not be limited to:

(1)

Adequate and reasonable mitigation of potentially adverse effects on adjacent properties. In making such a determination, consideration shall be given to:

a.

The location, type, orientation, design and height of buildings or structures;

b.

The type and extent of landscaping and screening on the site; and

c.

Whether the proposed use is consistent with any policy of the comprehensive plan that encourages mixed uses and/or densities;

(2)

Providing adequate public facilities or services;

(3)

Dedication of easements or land in fee title;

(4)

Funding for extraordinary costs associated with the development through direct contribution or agreement to establish an acceptable funding mechanism;

(5)

Creation of restrictive covenants;

(6)

Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas, and similar characteristics;

(7)

Adequate measures to provide ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads;

(8)

Provision of sustainable features, solar or other renewable energy source, rain water capture, storage and treatment or other sustainability requirement;

(9)

Provision of performance guarantee acceptable in form, content, and amount to the county attorney to ensure continued compliance with all conditions and requirements as may be specified; or

(10)

Other conditions that the hearing body finds are necessary to achieve the purposes of this section and UDO.

(b)

The board of commissioners may not attach conditions that provide regulatory relief from specific requirements set forth in this UDO.

(c)

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

The P&Z commission shall conduct a public hearing on the application and recommend approval, conditional approval or denial of the application based on the criteria in section 114-332.

(Ord. No. 06-2020, § 3, 12-8-2020)

The board of commissioners shall conduct a public hearing and approve, conditionally approve, or deny the conditional use permit based on the criteria established in section 114-332.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Once a CUP is granted, such use may not be enlarged, extended, increased in intensity, or relocated unless the request is reviewed and approved following the same process as the initial application unless the initial approval specifically established alternative procedures for consideration of future expansion or enlargement.

(b)

The provisions of this UDO relative to expansion of non-conforming uses, do not supersede this requirement unless the conditionally permitted use for which the development approval was initially granted is no longer a use permitted as of right or as a conditional use in the zoning district in which it is located.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

An amendment or modification is a request for any enlargement, expansion, increase in intensity, relocation, or modification of any condition of a previously approved and currently valid CUP.

(b)

Amendments to an approved CUP approval may be considered minor or major amendments. The community development director shall review a request for a modification and shall determine whether the request for amending an approved CUP is minor or major. In addition to a CUP application, a developer requesting approval of modifications shall also submit a written request, and plans or drawings as necessary, identifying and detailing the requested changes. Approval or denial of a request and any changes shall be provided to the applicant in writing.

(1)

Minor amendments from a CUP issued by the board of commissioners may be granted by the community development director. For purposes of this section, minor modifications or changes are those that have no substantial impact on neighboring properties, the general public or those intended to occupy or use the proposed development. Such permission may be obtained without a public hearing or payment of any additional fee; however, a formal application for the requested modification to the CUP and/or applicable revised site plans, studies, or sketch plats, shall be filed with the community development director.

(2)

Major amendments are any proposed amendment other than those defined above as minor CUP amendments and shall be approved in the same manner and under the same procedures as the original approval. During the process for a major amendment, new conditions may be imposed only on the specific site or area requested to be modified. The applicant, however, retains the right to reject such additional conditions by withdrawing the request for an amendment and proceeding in accordance with the previously issued permit. Major amendments shall include, but are not limited to the following:

a.

Designation of additional land uses;

b.

Change in the location of use(s) from what is shown on the approved site plan or sketch plat, to another location on the same parcel;

c.

An increase or decrease in project area other than surveyor technical corrections. For a decrease in project area, the amendment will only be considered major if the decrease results in an increase in density or intensity as calculated by total square footage or total number of units within the project area;

d.

Change in dimensional standards set forth in the development conditions created in the CUP approval that result in a decrease in minimum standards (e.g., reduction in minimum setbacks or reductions in street widths) or increase in maximum standards (e.g. an increase in building height and/or gross density or intensity of land uses);

e.

Change to proposed treatment of buffering, landscaping, land uses or lot sizes along the perimeter of the development;

f.

Addition or reduction of driveways or access points, especially those which negatively affect connectivity or street safety; or

g.

Other modifications to the approved CUP that the community development director determines to be major.

(c)

Amendments shall have no detrimental impact on any adjacent property caused by significant change in the appearance or use of the property or any other contributing factor.

(d)

An amendment shall only be approved if the proposal conforms to the UDO and is in keeping with the spirit and intent of any adopted comprehensive plan and nothing in the currently valid conditional use permit precludes or otherwise limits such amendment.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Any conditional use permit granted under the authority of this article is subject to revocation for any or all of the following reasons:

(1)

Non-compliance with any conditions or requirements imposed by the UDO or by the board of commissioners at the time of approval of the CUP.

(2)

Violation of any provisions of the UDO pertaining to the use of the land, construction or uses of buildings or structures, or activities conducted on the premises by the applicant or agents of the applicant; or

(3)

Violation of any other applicable UDO provisions or any State or federal law or regulation by the applicant or agents of the applicant, provided that such violations relate to the conduct or activity authorized by the CUP or the qualifications of the applicant or its agents to engage in such conduct or activity.

(b)

The board of commissioners may revoke the CUP after providing notice to the property owner/applicant, conducting a public hearing, and finding one of the above-stated reasons has occurred.

(Ord. No. 06-2020, § 3, 12-8-2020)

The board of adjustment shall have the power to vary the provisions of this UDO when the applicant demonstrates that the standards impose a substantial and unique hardship on the use of a property. Variances are intended to be used for quantifiable and not qualitative standards. The following may not be varied:

(a)

Permitted uses, i.e., allowing a use not permitted in a zoning district;

(b)

Minimum lot size (total square footage/acreage);

(c)

Maximum density;

(d)

Maximum number of parcels that may be served by a private easement;

(e)

Maximum number of parcels that may be created as a minor subdivision;

(f)

Minimum time between further subdivision of parcels within a minor subdivision; and

(g)

Development standards established for a PD unless the request is for an individual lot.

(Ord. No. 06-2020, § 3, 12-8-2020)

The variance application shall be filed with the community development director and shall comply with the requirements established in Appendix D. The application shall state fully the special conditions applying to the building, structure or land for which such variance is sought and how the application satisfies the criteria established herein.

(Ord. No. 06-2020, § 3, 12-8-2020)

The community development director shall review the application and shall determine if the application is complete pursuant to the provisions of Section 114-213. Upon finding that the application is complete, the community development director shall cause notice to be provided in accordance with section 114-218, and prepare a report making findings and recommendations on the application based on the criteria in section 114-342.

(Ord. No. 06-2020, § 3, 12-8-2020)

A variance may be granted by the board of adjustment if it finds that all the following conditions have been shown.

(a)

Unnecessary hardship would result from the strict application of this UDO. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(b)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

(c)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(d)

The requested variance is consistent with the spirit, purpose, and intent of this UDO, such that public safety is secured, and substantial justice is achieved.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

The board of adjustment shall conduct a public hearing and approve, conditionally approve or deny of the application based on the criteria established in section 114-342.

(b)

Before granting a variance, the board of adjustment must affirm by a simple majority that each of the required findings set forth as criteria section 114-342 is true. In so far as practicable, a motion to make an affirmative finding on each of the requirements shall include a statement of the specific reasons or findings of fact supporting each criterion.

(c)

In granting variances, the board of adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

(d)

If a variance request is denied, an applicant may not submit the same or similar variance request for the subject parcel within a year of the date of denial.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Except when the board of adjustment specifies that the variance shall be issued for an indefinite duration or for a specified duration, the variance shall expire one year after the approval unless the applicant establishes the building, structure or other condition for which the variance was sought. The applicant may request a one-time extension of up to one year to establish the building, structure, or other condition. The community development director shall have the authority to approve or deny the request upon finding a reasonable reason for the delay. The applicant may appeal a denial by the community development director to the board of adjustment pursuant to article III, division 6.

(b)

The nature of the variance and any conditions attached to it shall be entered on the face of the development permit or the development permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.

(Ord. No. 06-2020, § 3, 12-8-2020)

The board of adjustment shall have the power to decide appeals to any decision on a development application or interpretation/application of the UDO made by the community development director except for appeals to the community development director's modifications of the provisions of article VIII that are authorized by section 114-800, which shall follow the procedures established in section 114-354. Any person aggrieved of such a decision may appeal the decision to the board of adjustment and in the manner provided in this section. Decisions on construction plans made by the engineering director, and decisions of the building official on building or construction standards related to a sign permit shall be appealed to the building and construction board of appeals.

(Ord. No. 06-2020, § 3, 12-8-2020)

The appeals application shall be filed with the community development director and shall state fully the decision being appealed, including applicable code section, and the reasons that the applicant believes the decision was made in error. The application to appeal shall be filed within 30 days of receiving notice of the development decision being appealed. In calculating the 30 days, if the decision is emailed, notice shall be presumed to be the date of the email. If the decision is mailed via U.S. mail, receipt of notice shall be presumed to be three days from the date of the letter/decision. If the appeal is not timely filed, the decision shall be final.

(Ord. No. 06-2020, § 3, 12-8-2020)

An appeal stays all actions by the community development director seeking enforcement of or compliance with the order or decision appealed from, unless the community development director certifies to the board of adjustment that a stay would cause imminent peril to life or property. If enforcement is not stayed, then the board of adjustment shall meet and hear the appeal within 30 days or the next regularly scheduled meeting, whichever is later, after such request is filed.

(Ord. No. 06-2020, § 3, 12-8-2020)

The board of adjustment shall conduct a quasi-judicial hearing. The official who made the decision shall be present at the hearing as a witness. If the appellant raises issues/matters not identified in the appeal notice, the board of adjustment shall determine if the issue has been waived due to failing to timely appeal or if the matter is reasonably related to the issue raised in the initial appeal. If the appellant presents additional facts or evidence at the public hearing not included in the appeal application, the community development department will be entitled to a continuance.

(Ord. No. 06-2020, § 3, 12-8-2020)

In evaluating an appeal, the board of adjustment shall determine whether the decision being appealed:

(a)

Was made based on correct interpretation of the applicable regulations; or

(b)

Reflected a reasonable interpretation/application of the UDO. The board may not reverse the decision based on its opinion of the outcome; its decision must be based on whether the decision was based on a reasonable interpretation of the UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

The board of adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination needed to effect the board of adjustment's decision. The board shall have all the powers of the official who made the decision. The board's decision shall not exceed the scope of the specific issue(s) presented in the appeal application.

(Ord. No. 06-2020, § 3, 12-8-2020)

A motion to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include, in so far as practicable, a statement of the specific reasons or findings of facts that support the motion.

(Ord. No. 06-2020, § 3, 12-8-2020)

If a motion to reverse or modify is not made or fails to receive a majority vote necessary to overturn the action being appealed, then the decision appealed from is upheld.

(Ord. No. 06-2020, § 3, 12-8-2020)

When an appeal is taken to the board of adjustment in accordance with this division, the community development director shall have the initial burden of presenting to the board sufficient evidence and argument to justify the decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who also shall have the burden of persuasion.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose and applicability. Appeals to the community development director's decisions on modifications to the design standards authorized by article VIII shall be heard by the P&Z commission.

(b)

Initiation. The appeals application shall be filed with the community development director and shall state fully the decision being appealed, including applicable code section, and the reasons that the applicant believes the decision was made in error. The application to appeal shall be filed within 30 days of receiving notice of the development decision being appealed. In calculating the 30 days, if the decision is emailed, notice shall be presumed to be the date of the email. If the decision is mailed via U.S. mail, receipt of notice shall be presumed to be three days from the date of the letter/decision. If the appeal is not timely filed, the decision shall be final. No notice is required for the hearing other than the posting of the agenda pursuant to this UDO.

(c)

P&Z commission hearing and action. The commission shall hear the application and, after considering testimony and other evidence provided at the hearing, may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination needed to effect the decision. The commission shall base its decision on whether the decision being appealed would better achieve the purposes and objectives of this UDO than the modification proposed by the applicant. The commission's decision shall not exceed the scope of the specific issue(s) presented in the appeal application.

(d)

Burden of proof in appeals. When an appeal is taken to the P&Z commission in accordance with this division, the community development director shall have the initial burden of presenting to the P&Z commission sufficient evidence and argument to justify the decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall have the burden of persuasion.

(e)

Effect of decision. The community development director shall abide by the decision of the P&Z commission in decisions affecting any site plan or building permit application that is subject to the requested modification.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose and applicability. This section establishes the procedures for hearings and action under the authority of the building and construction board of appeals, which include:

(1)

Appeals where it is alleged that there is error in any requirement, decision or determination made by:

a.

The building official for any decision under this UDO or chapter 103 of the County Code for which the building official has final decision authority; or

b.

The engineering director for any decision under this UDO, the Engineering Design Manual, for which the engineering director has final decision authority.

(2)

Appeals or variances brought pursuant to chapter 105 "Flood Damage Prevention" of the County Code.

(3)

Appeals brought pursuant to chapter 111 "Soil Erosion and Sedimentation Control."

(b)

Initiation. The application shall be filed with the community development director and shall state fully the decision being appealed or the flood damage prevention provision for which a variance is being sought, including applicable code section, and the reasons that the applicant believes the decision was made in error or a variance is justified. An application to appeal shall be filed within 30 days of receiving notice of the development decision being appealed. In calculating the 30 days, if the decision is emailed, notice shall be presumed to be the date of the email. If the decision is mailed via U.S. mail, receipt of notice shall be presumed to be three days from the date of the letter/decision. If the appeal is not timely filed, the decision shall be final. No notice is required for the hearing other than the posting of the agenda pursuant to this UDO.

(c)

Building and construction board of appeals hearing and action. The building and construction board of appeals shall hear the application. After considering testimony and other evidence provided at the hearing:

(1)

May reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination needed to effect the decision; or

(2)

May grant, grant with conditions, or deny the requested variance.

(d)

Basis for decision. In evaluating an appeal, the building and construction board of appeals shall determine whether the decision being appealed:

(1)

Was made based on correct application of the applicable regulations, i.e., was the decision clearly wrong; or

(2)

Reflected a reasonable interpretation/application of the UDO, chapter 105 or chapter 111. The Board may not reverse the decision based on its opinion of the outcome; its decision must be based on whether the decision was based on a reasonable interpretation of the UDO, chapter 105 or chapter 111.

(e)

Burden of proof in appeals. When an appeal is taken in accordance with this section, the community development director or engineering director shall have the initial burden of presenting to the board sufficient evidence and argument to justify the decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who also shall have the burden of persuasion.

(f)

Effect of decision. The building official or engineering director shall abide by the decision of the building and construction board of appeals.

(Ord. No. 06-2020, § 3, 12-8-2020)

This division identifies the process for approving the abandonment of right-of-way or easement, in whole or in part, when such property no longer serves a public purpose.

(Ord. No. 06-2020, § 3, 12-8-2020)

The process may be initiated by the board of commissioners or the owner of property abutting the right-of-way or easement or the entity owning the rights to the right-of-way or easement. If abandonment is not initiated by the county, the requestor must submit an application to the engineering director. The engineering director shall seek input from applicable county department heads, staff, and other interested parties and prepare a report with their recommendation to the board of commissioners. In preparing their recommendation, the engineering director may request additional information from the requestor such as a title report, boundary survey, or new subdivision plat. Costs to prepare such documents shall be borne by the requestor. The board of commissioners, upon receipt of the recommendation, shall either adopt a resolution declaring its intent to abandon right-of-way or easement and call for a public hearing or deny the request for abandonment.

(Ord. No. 06-2020, § 3, 12-8-2020)

The engineering director shall cause the notice to be published once a week for two successive weeks prior to the hearing. Notice shall be mailed to all the owners of property adjoining the road or alley or to all entities having an interest in an easement at least 30 days prior to the hearing. The cost of notice shall be borne by the applicant for the abandonment.

(Ord. No. 06-2020, § 3, 12-8-2020)

At the hearing, any person may be heard on the question of whether or not the abandonment would be detrimental to the public interest, or the property rights of any individual. If the board of commissioners determines after the hearing that abandoning the right-of-way or easement is not contrary to the public interest, and that no individual owning property in the vicinity of the right-of-way or easement or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to their property, the commission may adopt an order abandoning the right-of-way or easement. A certified copy of the order shall be filed in the office of the clerk of the court - real estate division.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Except as provided in paragraph (c) of this section, upon the abandoning of the right-of-way in accordance with this section, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the right-of-way, and the title of such adjoining landowners, for the width of the abutting land owned by them, shall extend to the centerline of the right-of-way.

(b)

The provisions of this subsection regarding division of right-of-way abandonment may be altered as to a particular right-of-way abandonment by the assent of all property owners taking title to an abandoned right-of-way by the filing of a plat which shows the right-of-way abandonment and the portion of the right-of-way to be taken by each such owner. The plat shall be signed by each property owner who, under this section, has an ownership right in the abandoned right-of-way.

(c)

The County may reserve its right, title, and interest in any utility improvement or easement within a right-of-way abandoned pursuant to this section. Such reservation shall be stated in the order of abandonment. Such reservation also extends to utility improvements or easements owned by private utilities which at the time of the right-of-way abandonment have a utility agreement or franchise with the county. To retain such easements, the board of commissioners shall, after the public hearing, approve a "declaration of retention of utility easements" specifically describing such easements.

(Ord. No. 06-2020, § 3, 12-8-2020)

Upon approval of the abandonment of the right-of-way or easement, the engineering director shall cause to be recorded all required documents with the clerk of court - real estate division and shall update all county records that such right-of-way or easement is no longer part of the county inventory.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Subdivision required. No person may subdivide land except in accordance with the provisions of this division or the minor subdivision process in article IV, division 1. In particular, no person may subdivide land unless and until a final plat of the subdivision has been approved in accordance with the provisions of this UDO and recorded with the clerk of court - real estate division.

(b)

Exemptions. A major subdivision plat is not required for any of the following:

(1)

The public acquisition by purchase of strips of land for the widening or opening of roads or for public transportation corridors; or

(2)

If a court orders the partition of land by dividing the same among the owners, provided that the county is made a party defendant to said action and gives its consent.

(c)

Required improvements. Except as otherwise provided by the subdivision regulations, a developer shall provide, install and pay for improvements including but not limited to road name signs, traffic control devices, water and sewer improvements, stormwater management, roadway, recreational and pedestrian facilities, off tract improvements, if necessary, utilities to serve their subdivision, site grading and any other improvements deemed necessary during the review process. All utilities shall be underground including electrical, cable, and gas lines. Utilities shall be located, where possible, in accordance with the applicable roadway cross-section detail in the Engineering Design Manual.

(d)

Process overview. The applicant for major subdivision shall follow the procedures established in this division, which are summarized in Exhibit 363.

Exhibit 363: Major Subdivision Approval Process Summary

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose.

(1)

The sketch plat serves as a guide to future density, intensity, land uses, pedestrian and bicycle ways, trails, parks and open space, as well as lot, road and drainage patterns. It is intended to ensure that a landowner investigates the broad effects that subdivision of property will have on the site itself as well as on adjacent properties and public infrastructure systems.

(2)

Approval of a sketch plat shall constitute acceptance of the land-use mix, development intensity, general road patterns, conceptual drainage patterns, lot patterns, parks and open space lands, and the general layout of pedestrian and bicycle trails, provided that these factors may be modified in conjunction with subsequent approvals if additional information reveals development constraints that are not evident during sketch plat review.

(3)

The sketch plat, together with the attendant items required herein, is to provide a basis for the construction of the subdivision and its improvements as well as a draft of the final plat of the subdivision. To achieve this, the applicant should consult with the community development director, engineering director and other agencies concerned with the subdivision and the improvements.

(b)

Applicability. Sketch plat approval is required prior to approval of construction plans, including clearing and grading permit and a final plat for any major subdivision. The provisions of this section do not apply to any major subdivision that has received approval of preliminary plat prior to the date of adoption of this UDO for which a final plat is recorded within 24 months of adoption of this UDO.

(c)

Initiation.

(1)

Process overview. The approval process and typical timing of sketch plat approval are summarized in Exhibits 365a and 365b. Actual timing may vary based on the date of submittal and scheduled hearing dates.

Exhibit 365a: Sketch Plat Approval Process Summary

Exhibit 365b: Timing

(2)

Application. The applicant shall file a completed sketch plat application with the community development director and shall comply with the requirements established in Appendix D.

(3)

Completeness review. The community development director shall review the application and shall determine if the application is complete pursuant to section 114-213.

(4)

Notice. Following the community development director's determination that the application is complete, the notice shall be provided pursuant to section 114-218.

(d)

Review. Upon finding that the application is complete, the community development director shall forward copies of the sketch plat to the DRC and other reviewing entities, who shall evaluate the application. The community development director shall then prepare a report making findings and recommendations on the application's compliance with the criteria established in the following paragraph.

(e)

Review criteria. Each of the following criteria must be satisfied prior to sketch plat approval.

(1)

The application is consistent with the comprehensive plan, as well as any other adopted plans for roads, alleys, trails, parks, playgrounds, and public utility facilities;

(2)

The proposed subdivision complies with applicable county, State and federal regulations;

(3)

Traffic impacts from the proposed development will be mitigated;

(4)

The proposed subdivision will not have detrimental impacts on the safety or viability of permitted uses on adjacent properties;

(5)

The proposed public facilities are adequate to serve the normal and emergency demands of the proposed development, and to provide for the efficient and timely extension to serve future development;

(6)

That the subdivision design provides adequate amenities and connectivity to roads, sidewalks and trails;

(7)

That the sketch plat demonstrates a layout that minimizes clearing and grading and protects existing trees; and

(8)

The sketch plat addressed the need for and provides the general location of stormwater management facilities for the proposed development, as well as identifying discharge point(s) from the tract.

(f)

P&Z commission hearing, deliberation, and action. The P&Z commission shall conduct a public hearing on the application. Following the hearing, the commission shall deliberate the application's compliance with the criteria established in paragraph (e) of this section and shall recommend that the board of commissioners approve, conditionally approve or disapprove the sketch plat application.

(g)

Board of commissioners deliberation and action. The board of commissioners may approve, approve with conditions or disapprove the application pursuant to the criteria established in paragraph (e) of this section.

(h)

Effect of board of commissioners action.

(1)

Approval constitutes the finding that the plat complies with the county's subdivision and zoning regulations.

(2)

The sketch plat governs the preparation of construction plans and the final subdivision plat, which must be submitted for approval and recordation upon fulfillment of the requirements of this UDO.

(3)

The sketch plat shall be valid for two years. If the construction plan approval is not obtained within this two-year period, the sketch plat shall be void. If construction plans and final plat are submitted and approved according to the time frames this division, the sketch plat will remain valid. The board of commissioners may approve a phasing plan extending the effective period of the sketch plat approval for up to five years where it is the intent of the landowners to proceed to final plats covering only a portion of the site at any one time. The phasing plan must be submitted with the sketch plat.

(4)

If construction is not completed in the timeframes identified in paragraph (h)(3) of this section, the community development director or engineering director may require the applicant obtain a new sketch plat approval.

(5)

Approval of the sketch plat by the board of commissioners shall not be deemed final approval of the overall subdivision.

(i)

Amendments to sketch plat. Amendments to a sketch plat shall be approved in the following manners:

(1)

Minor amendments. Minor amendments may be approved by the community development director without filing a new sketch plat. Minor amendments include the following:

a.

Changes in the internal alignment of roads that do not affect external properties or connectivity;

b.

Changes in internal lot boundaries that do not abut external property lines provided that all lots comply with minimum area and dimensional requirements;

c.

Changes in setbacks along internal property lines provided the changes comply with minimum setback requirements;

d.

Changes in the routing of trails and pedestrian ways;

e.

Changes to the location or boundaries of open spaces that do not reduce the total area or function of the open spaces;

f.

Adjustments in easements, utilities or drainage improvements identified as necessary during the preparation of construction plans; or

g.

Changes in the orientation of buildings on internal parcels.

(2)

Major amendments. Plat amendments not categorized as minor amendments require the filing of an application for an amended sketch plat for review, deliberation and approval following the same process identified in this section. Major plat amendments shall include any of the following:

a.

Changes in permitted uses;

b.

Increased intensity of use as measured by the number of dwelling units or square feet of nonresidential building area;

c.

Increased trip generation;

d.

Increased demand for public utilities;

e.

Decreased public or private open space area;

f.

Changes that conflict with the tree protection requirements of this UDO; or

g.

Any other proposed amendment that the community development director determines is a major amendment.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose of construction plans. Construction plans ensure that public and private improvements associated with developments are consistent with the county's design standards and that improvements are documented in a way that facilitates the long-term management and enhancement of public infrastructure and ensures that improvements will be durable. Approved construction plans allow for the issuance of a road construction permit or site development permit. Any improvements in the county ROW following final plat approval shall require the submission of a road encroachment permit.

(b)

Applicability. Prior to review of a final plat or site plan for a non-residential development, the applicant shall have prepared, by a professional engineer registered in the State of Georgia, construction plans consisting of complete construction drawings and specifications of all rights-of-way, easements, roads, traffic control devices, streetlights, sanitary sewers, stormwater facilities, water system facilities, sidewalks, trails and other improvements required by federal, State, and local law. Landscape and tree protection plans shall be prepared by a registered landscape architect. The applicant may obtain a land disturbance permit per section 114-426 prior to obtaining construction plan approval or the applicant may submit the clearing and grading (land disturbance permit) with the construction plans. If a project requires sketch plat approval, a clearing and grading permit (land disturbance permit) may not be issued until the sketch plat or site plan have been approved.

(c)

Application for construction plan approval.

(1)

Submittals. Complete construction plan applications shall be submitted to the engineering director for review and approval. The application shall comply with the requirements established in Appendix D. In addition to review fees established pursuant to the fee schedule adopted by the board of commissioners, the engineering director may require payment deposit into an escrow account to cover the costs of plan review by the county's engineering consultant(s) in accordance with section 114-204 of this UDO.

(2)

Stormwater management standards. In addition to the requirements in Appendices C and D, the applicant must provide or address the following for stormwater management:

a.

A certificate from applicant's engineer stating that the development of the subdivision will not increase, decrease or change the quality or quantity of surface or subsurface water reaching adjacent property shall be required. If such certificate cannot be delivered to the county, then an easement from or other agreement with the affected adjacent property owner shall be required.

b.

Each subdivision shall incorporate stormwater management facilities sufficient to maintain pre-development peak discharge rates across adjacent property lines.

c.

No subdivision shall be undertaken unless the applicant can establish to the engineering director that the flood potential within the subdivision, on adjacent or surrounding lands or wetlands will not be increased by the development of such subdivision. If such potential is in question, the engineering director shall make the final determination.

d.

Inter-basin transfer of water between river basins is prohibited.

(3)

Completeness review. The engineering director shall review the application and shall determine if the application is complete pursuant to section 114-213.

(4)

Public hearing. A public hearing is not required for construction plan approval.

(d)

Engineering director review and action.

(1)

Review. The applicant shall submit the construction plans to all applicable local, State and Federal reviewing agencies and public utility companies that will service the subdivision or development. The applicant shall incorporate comments from those agencies into the plans and submit to the engineering director before final approval.

(2)

Action. The engineering director shall approve, conditionally approve, or disapprove the construction plan application within 45 calendar days of a determination of completeness. If the application is denied, the applicant shall resubmit revised construction plans demonstrating the reasons for denial have been addressed. The engineering director shall have 14 calendar days to review the revised plans in order to determine whether or not all comments have been satisfactorily addressed. If not, revised plans will be required to be resubmitted until such time that all comments have been addressed. Should subsequent plan revisions significantly modify the original plans and/or require additional supporting documentation then the engineering director may require additional review time.

(3)

Deviations from approved sketch plat. Subject to the approval of the community development director, the construction plans may result in minor amendments as defined in section 114-365(i). Any amendment to a sketch plat that is not considered a minor amendment shall require resubmittal and review of the sketch plat pursuant to section 114-365. To assist in the review for compliance with the sketch plat, a draft final plat shall be submitted with the construction plans.

(4)

Deviation from Engineering Design Manual. The applicant's engineer may make a written request and the engineering director may authorize design waivers from the specific requirements of the Engineering Design Manual upon finding that the deviation will result in a design that is equivalent to or better than the specified standard when considering the function, durability, maintenance, repair, and replacement costs associated with the specified improvement. The written request shall reference the specific section from which relief is being sought as well as alternatives being proposed. The request shall include all documentation and data needed to support the request. The engineering director shall have five business days to respond to the request.

(e)

Effect of approval.

(1)

Construction plan approval grants the right to initiate construction, grading, filling, major clearing and other development activities specifically referenced in the approved construction plans. No grading; removal of trees or other vegetation other than the minimum required to complete necessary survey work; land filling; construction of improvements; or other material change, except for purposes of aiding in preparation of final engineering drawings or plans, shall commence on the subject property until the applicant has:

a.

Obtained a separate land disturbance permit per the requirements of section 114-426; or

b.

Received approval of the construction plans and all necessary permits from the engineering director; and

c.

Obtained necessary approvals and permits from other affected agencies; and

d.

A preconstruction meeting with all interested parties and the engineering director has been held and the county has issued a notice to proceed.

(2)

The applicant shall complete improvements and secure final inspections and acceptance of improvements within 24 months. Prior to expiration of construction plan approval, the applicant may apply to the engineering director for an extension of up to 12 months. The engineering director may approve the extension of the approval or require modification of the plans to meet any changes to requirements of the Engineering Design Manual or other applicable requirements.

(3)

If the construction plans expire, the applicant must submit a new construction plan application and receive approval.

(f)

Appeals to engineering director action. If an applicant believes that the engineering director has erred in any finding or condition of approval or disapproval, the applicant may appeal the decision to the building and construction board of appeals in writing, specifying the reasons for the appeal and providing technical justification supporting the appeal. The appeal must be filed within 30 days of the engineering director's decision. The building and construction board of appeals shall review the appeal pursuant to section 114-355.

(g)

Resubmittal and amendments. The engineering director may approve minor amendments to approved construction plans without the applicant having to submit complete revised plan sets and the county conducting a complete review process. The applicant must submit the proposed minor amendment to the engineering director for review and approval. All minor plan revisions shall be reflected in the record drawings. If the engineering director determines the amendment is a major change, the applicant must submit a revised plan set for formal review and approval.

(h)

Construction of improvements. All improvements required pursuant to these regulations shall be constructed in accordance with the applicable requirements herein and, where applicable, the requirements and authorization of the appropriate federal and State agency, utility company or local franchisee.

(i)

Notification of changes. Developer's engineer shall promptly furnish the engineering director with pertinent information concerning changes made during the progress of the work. No changes which are deemed major by the engineering director shall be performed without the prior approval of the engineering director. Any revisions deemed as minor shall be incorporated into the record drawings at the close of the project.

(j)

Inspection of improvements.

(1)

Inspection required. All improvements required by these regulations shall be inspected by the engineering director, except for improvements made under the jurisdiction of other public agencies, in which case engineers or inspectors of such agency will make the necessary inspections. Where inspections are made by other agencies, the applicant shall provide the County with written reports of each final inspection and acceptance.

(2)

Inspection schedule. It shall be the responsibility of the applicant to request the required inspection a minimum of 48 hours prior thereto. Inspections shall follow the schedule, sequence, and standards identified in Appendix C, which may be amended from time-to-time.

(3)

Compliance with standards. The applicant or the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies.

(4)

Engineer of record's responsibility. The applicant's engineer will review all phases of the work in progress and will be responsible for ascertaining whether or not the work is performed in accordance with applicant's plans and specifications and the county's requirements and to provide detailed reports and photographs of the inspected work.

(5)

County's right to require testing/removal/reinstallation. The engineering director has the right to require removal and reinstallation of work performed if upon inspection the engineering director determines the improvements are not in accordance with county standards and/or the approved construction plans. All such improvements shall be removed and redone to the satisfaction of the engineering department. Should any work be covered without prior approval by the county and/or it is determined through testing that covered work requires examination, the developer may be required to uncover all such improvements and independent third-party testing may be required.

(k)

Record drawings required. Prior to final inspection of the required improvements, the applicant shall submit to the engineering director record drawings for each of the required improvements that have been completed. The drawings shall be submitted in digital format (CAD) and certified by the applicant's engineer indicating the date when the record drawing survey was made. Records drawings shall be prepared in accordance with the record drawing standards in Appendix C.

(l)

Completion of improvements. Required improvements shall be completed prior to recording the final plat or certificate of occupancy for projects requiring site plan approval, to the satisfaction of the engineering director. The required improvements shall be those specified in the approved sketch plat and construction plans. A letter from the engineer of record certifying completion of all improvements in substantial conformance with all approved documents shall be provided.

(m)

Acceptance of improvements.

(1)

Final approval of the installation and construction of improvements by the engineering director shall be required prior to the recording of the final plat or certificate of occupancy for projects requiring site plan approval.

(2)

The County shall not have any responsibility with respect to any road, or other improvement, notwithstanding the use of the same by the public, unless the road or other improvements shall have been accepted by the recording of the final plat and dedication documents.

(3)

County approval of the constructed improvements shall not relieve the applicant of responsibility for construction failures. The developer shall repair any failure or deficiencies that occur during the maintenance guarantee period.

(n)

Site cleanup required. The applicant shall be responsible for removal of all equipment, material, and general construction debris from the subdivision and from any lot, road, public way or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property or onto other land in the county is prohibited.

(o)

Performance and maintenance guarantees.

(1)

Performance guarantee required. Prior to final plat approval or as otherwise approved in a development agreement, a performance guarantee shall be submitted in the form provided in paragraph (o)(3) of this section for the final two inch asphalt surface course required to be installed in accordance with the approved construction plans.

(2)

Amount of performance guarantee. The amount of the guarantee shall be 125 percent of the total cost of construction as approved by the engineering director, and it shall remain in effect until such time that final asphalt surface course has been installed and accepted by the county.

(3)

Type of security. The security shall be in the form of a performance bond, an irrevocable letter of credit, or cashier's check.

(4)

Timing of pavement completion. The developer shall request installation of the final asphalt surface course in accordance with section 306(10) of the Engineering Design Manual. For multiple phase developments the installation shall occur after completion of at least 75 percent of all lots that may be accessed by construction vehicles in subsequent phases. The performance guarantee shall be for three years or until the surface course has been installed.

(5)

Release of performance guarantee. All performance guarantees provided shall remain in effect until such time that the improvements have been satisfactorily completed and accepted by the county and a maintenance guarantee has been submitted in accordance with paragraph (o)(6) of this section. The applicant shall request a final inspection from the engineering director, or duly authorized representative, following the installation of the final asphalt surface course. If the engineering director or duly authorized representative, determines the required improvements do not meet minimum county requirements/standards, the applicant shall be required to take the necessary corrective action to meet the required standards. The performance bond shall be extended, as needed, until the engineering director authorizes the release.

(6)

Maintenance guarantee. Prior to final plat approval or as otherwise approved in a development agreement or the release of any asphalt performance guarantee, a maintenance guarantee shall be submitted in the form of a maintenance bond, irrevocable letter of credit, or cashier's check for all improvements constructed in the county right-of-way or dedicated to the county. The amount of the guarantee shall be 15 percent of the total cost of construction as approved by the engineering director, and the guarantee provided shall remain in effect for a minimum of three years from the date of final acceptance of all applicable improvements by the County with the exception of the final asphalt surface course, which shall remain in effect for a minimum of one year from the date of final acceptance or to the end of the maintenance period established for all other improvements in conjunction with final plat approval, whichever is greater.

a.

If the applicant has entered into a development agreement for the completion of required improvements, an appropriate percentage of the performance guarantee may be retained by the county in lieu of a maintenance guarantee.

b.

Damage to curbs and sidewalks shall be repaired by the property owner at no cost to the county prior to issuance of a certificate of occupancy for any lot abutting affected improvements.

(7)

Release of maintenance guarantee. Prior to the engineering director releasing/closing the maintenance guarantee, the applicant shall submit a request for final inspection no less than 30 days but no more than 60 days in advance of the maintenance guarantee expiring. If the engineering director or duly authorized representative, determines the required improvements do not meet minimum County requirements/standards, the applicant shall be required to take the necessary corrective action to meet the required standards. The engineering director may require an updated engineer's cost estimate and an updated/amended maintenance guarantee. Release of the maintenance guarantee is contingent upon all required inspections as identified in Appendix C.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 15-2021, § 2, 7-13-2021)

(a)

Purpose. To establish a process and standards to create and document the rights and responsibilities associated with the subdivision of land.

(b)

Applicability. No final subdivision plat shall be recorded until a final plat has been approved as provided in this section or the provisions of article IV, division 1 of this UDO.

(c)

Application. The final plat application shall be filed with the community development director in compliance with Appendix D. The approval process and typical timing for final plat approval are summarized in Exhibits 367a and 367b. Actual timing may vary based on the date of submittal.

(d)

Timing. Final plats must be submitted within five years of the date of approval of the sketch plat. If the project is phased, final plats must be submitted in the timeframe identified in the phasing plan or within five years of the sketch plat approval, whichever is later. If the final plat is not submitted within the time period prescribed, the approved sketch plat shall be null and void. The applicant will be required to resubmit the application for sketch plat and be subject to all fees related to the application. The sketch plat shall comply with all regulations in place at the time it is resubmitted.

Exhibit 367a: Final Plat Approval Process Summary

Exhibit 367b: Timing of Final Plat Process

(e)

Community development director review and action.

(1)

The community development director shall review the application and shall determine if the application is complete pursuant to section 114-213.

(2)

Upon finding that the application is complete the community development director shall determine whether the final plat complies with the approved sketch plat and other applicable rules and regulations. The applicant may submit a final plat for only that portion of the approved sketch plat, if such portion conforms to all requirements of this UDO.

(3)

The final plat shall conform to O.C.G.A. §15-6-67, as amended, known as "The Georgia Plat Act," any additional requirements as prescribed in this chapter, the "Required Items and Certifications" in Appendix D, and other applicable rules and regulations.

(4)

All required public improvements shall be completed and approved by the engineering director prior to the application.

(5)

Any subdivision improvements dedicated to the county:

a.

Must be clearly noted on the final plat with the following statement: "The undersigned fee simple owner of all the real estate depicted on this plat, and identified as owned by the undersigned, does hereby dedicate and transfer to the Bryan County board of commissioners all roads, rights-of-way and necessarily attendant drainage facilities and easements for the roads, and drainage and utility facilities and easements all identified in favor of the county on this plat";

b.

Must be covered by a fully executed warranty which is secured as required under section 114-366(o)(6); and

c.

Dedication documents, in a form approved by the county, must be submitted and approved by the board of commissioners by resolution. The board of commissioners may approve the dedication documents via the consent agenda.

(6)

Any private subdivision improvements:

a.

Must meet UDO requirements for the applicable infrastructure improvements; and

b.

Must be covered by a fully executed maintenance agreement that has been approved by the engineering director.

(7)

Prior to approval of the final plat of a subdivision which includes a recreation tract pursuant to article VI, division 7:

a.

The community development director must approve a plan submitted by the applicant for the continued maintenance of the recreation tract and facilities; and

b.

Prior to the construction of 30 percent of the lots or multi-family dwelling units in any phase of a subdivision, the approved improvements must be completed and installed on the recreation tract for that phase.

(8)

Within 15 days of the certification of a complete application submittal, the community development director shall approve the final plat if:

a.

The application complies with this UDO and applicable State and federal rules and regulations, and

b.

The application is consistent with the conditions of prior planned development, sketch plat, zoning, or conditional use permit approvals.

(f)

Other reviews. In addition to the community development director's review of the final plat application, the community development director shall obtain the review of the final plat from the following individuals and departments:

(1)

The engineering director and/or health department shall review the water supply and sewerage disposal system and determine that the water supply and sewerage disposal facilities have been constructed and completed in accordance with the approved construction plans;

(2)

The engineering director shall determine the compliance of the final plat with the approved construction plans and with this UDO and other applicable laws and shall, upon request by the community development director, review and inspect the construction or installation of any subdivision improvements, including tree protection improvements subject to the tree protection requirements of this UDO; and

(3)

If deemed necessary by the community development director, review and comment from consultants or other professionals retained by the county;

(g)

Board of commissioners action. If the applicant proposed a development agreement, then the final plat shall require review and approval by the board of commissioners.

(h)

Effect of approval. Approval of the final plat allows the applicant to record the final plat and officially subdivide the subject parcel.

(i)

Recording. Following approval of the final plat, the community development director shall secure necessary signatures to execute the plat. The action of the county shall be noted on all copies of the final plat to be retained as required for records or further action of the department or other affected agencies of the county or state. Within six months of approval of the final plat, the applicant shall record it with the clerk of court - real estate division. Failure to record the final plat within the time frame noted shall cause the final plat approval to be void.

(j)

Amendments. Amendments to a final plat shall be approved in the same manner as the original plat, except as otherwise provided for amending plats herein.

(k)

Plat approval is not acceptance of dedication offer. Approval of a plat does not constitute acceptance by the county of the offer of dedication of any roads, sidewalks, parks or other public facilities shown on a plat.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. The provisions of this division ensure that subdivision improvements are constructed and maintained in accordance with county standards prior to the county's acceptance of maintenance responsibilities.

(b)

Environmental site assessment. Before the engineering director shall recommend acceptance of proposed dedications, the applicant shall have submitted a Phase I Environmental Site Assessment prepared according to the standards established by ASTM International and accepted by the engineering director with the sketch plat.

(c)

Protection against defects. Prior to board of commissioners acceptance of dedications, the engineer of record retained by the applicant shall certify to the county that all facilities and improvements to be dedicated to the county have been constructed in accordance with the requirements of this UDO.

(d)

Developer's certification of non-litigation. Prior to the board of commissioners acceptance of dedications, the developer shall certify that there are no pending or threatened actions of law that involve the subdivision improvements, including any liens from contractors, sub-contractors, suppliers or material and equipment, and all providers of labor or services associated with the subdivision improvements have been paid in full. If any such actions of law or liens remain unresolved, the county will not accept the subdivision improvements for maintenance until releases or waivers are provided.

(e)

Maintenance of improvements and facilities. The applicant shall be responsible for maintaining all improvements or facilities required by this UDO. For facilities and improvements dedicated to the county, the applicant shall be required to maintain such improvements for a period of three years and if the applicant fails to maintain such improvements, the county may perform the necessary repairs and reimburse its costs from the maintenance guarantee provided for in section 114-366(o).

(f)

Acceptance. When the engineering director finds that a subdivision's improvements comply with the requirements of this section and a maintenance guarantee is in effect in accordance with section 114-366(o)(6), the engineering director shall recommend that the board of commissioners accept responsibility for any or all dedications associated with a subdivision by resolution. The matter shall be scheduled for the next available board of commissioners meeting, and the board of commissioners may accept the offer of dedication by resolution. The applicant shall provide the dedication documents, in a form acceptable to the county.

(Ord. No. 06-2020, § 3, 12-8-2020)

This division promotes and facilitates orderly and planned growth and development through the provision of certainty in the development approval process by the county and through corresponding assurances by developers. The development agreement is intended to:

(a)

Implement the capital improvements program and the conditions of development approval;

(b)

Eliminate uncertainty in the development approval process;

(c)

Assure applicants that, upon approval of their project, they may proceed in accordance with the policies, rules, and regulations identified in the development agreement;

(d)

Achieve the county's goals and objectives through assurances that public facilities will be provided concurrent with development; and

(e)

Provide a mechanism to allow regulatory flexibility for specific development proposals that achieve the county's goals and objectives.

(Ord. No. 06-2020, § 3, 12-8-2020)

This division applies to any development agreement entered into between an applicant and the county to:

(a)

Enforce a condition of development approval;

(b)

Recognize the existence of vested rights;

(c)

Facilitate the reasonable phasing of large-scale developments requiring significant infrastructure investment;

(d)

Provide for the provision of infrastructure, design amenities, or other conditions; and/or

(e)

Resolve potential legal disputes.

(Ord. No. 06-2020, § 3, 12-8-2020)

The board of commissioners may approve a development agreement pursuant to this division only if it finds that:

(a)

The development to which the development agreement pertains is consistent with the comprehensive plan and capital improvements program, this chapter and other applicable requirements;

(b)

The development subject to the agreement advances the county's adopted goals, objectives and policies, in accordance with the criteria established herein; and

(c)

The applicant agrees to make contributions of capital improvements for community facilities for one or more types of public improvements, that advance provision of facilities needed to serve the projected demands from the proposed development after considering demands from already approved development.

(Ord. No. 06-2020, § 3, 12-8-2020)

An application for a development agreement may be made to the community development director. Application may be made by any person having a legal or equitable interest in the subject real property in accordance with State Law. If made by the holder of an equitable interest, the application shall be accompanied by a verified title report and by a notarized statement of consent to proceed with the proposed development agreement executed by the holder of the legal interest.

(Ord. No. 06-2020, § 3, 12-8-2020)

The development agreement shall include, at a minimum, provisions pertaining to the following:

(a)

The land that is the subject of the agreement;

(b)

The duration of the agreement;

(c)

The permitted land use or uses and density/intensity for the proposed development and any conditions attached thereto;

(d)

Proposed infrastructure improvements and the timing of their installation;

(e)

Provisions for the dedication of land for public use, whether by easement, right-of-way or fee simple conveyance; and

(f)

Any other provisions required by state law.

(Ord. No. 06-2020, § 3, 12-8-2020)

If agreed to by the applicant and approved by the board of commissioners, the development agreement may include, without limitation, provisions pertaining to the following:

(a)

The phasing of the proposed development project in coordination with the provision of public facilities, including, but not limited to, roads, water, sewer, drainage, parks, libraries, and other county facilities, required to accommodate the impacts of the proposed development project on such facilities at the county;

(b)

The identification of public facilities to be dedicated, constructed, or financed by the developer pursuant to the development agreement and the designation of such facilities as project improvements, system improvements, or subsystem improvements;

(c)

The determination of the development project's proportionate share of the total system and subsystem improvement costs required to be dedicated, constructed, or financed by the developer of the development project;

(d)

The county's share of the costs of system and subsystem improvements to be dedicated, constructed, or financed pursuant to the development agreement;

(e)

Reimbursements, as applicable, to the owner of the subject property for the amount of any contributions for system or subsystem improvements in excess of the proportionate share of the benefit derived from such facility by the subject property; and

(f)

The rules, regulations, ordinances, laws, plans, and official policies of the county governing development applicable to the subject property.

(Ord. No. 06-2020, § 3, 12-8-2020)

The proposed development agreement shall be submitted to the community development director. The county administrator shall be responsible for reviewing and negotiating the terms and conditions of the development agreement. The county administrator, or designee, shall receive input from applicable departments and other local, state, and federal agencies. The development agreement shall not be placed on a board of commissioners agenda and scheduled for a public hearing until the county administrator and county attorney have reviewed and approved the final draft of the development agreement.

(Ord. No. 06-2020, § 3, 12-8-2020)

The county administrator shall schedule the development agreement for a public hearing and approval by the board of commissioners. The board of commissioners may:

(a)

Approve the development agreement as recommended by the county administrator;

(b)

Approve the development agreement with modifications; or

(c)

Reject the development agreement in whole or in part and take such further action as it deems to be in the public interest. Any such action shall be taken by the affirmative vote of at least a majority of the voting members of the board of commissioners.

(d)

If the board of commissioners denies the development agreement, the county clerk shall give notice within ten days of such action to the applicant at the address shown on the application and to the community development director.

(Ord. No. 06-2020, § 3, 12-8-2020)

If approved by the board of commissioners, the development agreement shall become effective upon execution by the county administrator and any other parties to the development agreement.

(Ord. No. 06-2020, § 3, 12-8-2020)

Within ten days following execution of a development agreement, the clerk or court shall record with the real estate division a fully executed copy of the development agreement. The agreement shall be binding upon, and the benefits of the agreement shall inure to the parties and all successors in interest to, the parties of the development agreement.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Unless otherwise provided by the development agreement, rules, regulations, ordinances, general or specific plans, and official policies of the county governing permitted uses, development, density and intensity of use, permitted uses of the land, growth management, public facilities, environmental considerations, and governing design, improvement and construction standards and specifications applicable to the subject property shall be those in force and effect at the time of commencement of the term of the development agreement.

(b)

The adoption of a development agreement, however, shall not prevent the county, in subsequent actions applicable to the property or to the county general, from applying such newer, modified rules, regulations, ordinances, laws and official policies that do not conflict with those applicable to the property at the time of the development agreement and that do not prevent the development of the land as set forth in the development agreement. The existence of the development agreement shall not prevent the county from denying or conditionally approving any subsequent development not expressly addressed in said agreement based upon such existing or new rules, regulations, and policies.

(c)

Unless otherwise addressed in the development agreement, application, processing and inspection fees, utility fees, impact fees, and improvement standards that are revised during the term of a development agreement shall apply to the property, provided that:

(1)

Such fees, standards, and specifications generally apply to public works within the county; and

(2)

Their application to the subject property is prospective only as to applications for building and other development approvals not yet accepted for processing.

(Ord. No. 06-2020, § 3, 12-8-2020)

If state or federal laws or regulations are enacted following approval of a development agreement that prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement shall be modified or suspended, as may be necessary to comply with such state or federal laws or regulations.

(Ord. No. 06-2020, § 3, 12-8-2020)

An adopted development agreement shall be reviewed at least once a year, at which time the owner or owners of the property subject to the development agreement shall be required to demonstrate good faith compliance with the terms of the development agreement. If, as a result of such review, the board of commissioners finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with the conditions of the development agreement, the board of commissioners may unilaterally terminate or modify the agreement. Such action shall be taken by the board of commissioners at a regular or special meeting, provided that the developer is notified at least ten days in advance of such meeting.

(Ord. No. 06-2020, § 3, 12-8-2020)

A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. The procedure for amendment or cancellation shall be the same as that for adoption.

(Ord. No. 06-2020, § 3, 12-8-2020)