(a) When tested.
(1) At the developer's option, development may be tested for adequacy of public facilities either during review of the initial application for approval of a sketch plan or preliminary plan, or during review of the application for final plan or site development plan approval. The developer must submit sufficient data, as required by the Office of Planning and Zoning, to demonstrate adequacy of public facilities. If a developer opts to test a development for adequacy of public facilities during review of the initial application for approval of a sketch plan or preliminary plan, testing for adequacy of sewerage facilities or water supply facilities may be deferred at the developer's option and tested during review of the application for final plan or site development plan approval.
(2) In the Odenton Growth Management Area, the Planning and Zoning Officer has the discretion to determine that a development may be tested for adequacy of public facilities during either sketch plan review or final plan review for subdivision plans, or during site development plan review.
(b) Date of approval generally.
(1) Subject to paragraphs (2) through (6) of this subsection, approval for adequacy of public facilities, other than fire suppression facilities, occurs on:
(i) the date of a letter from the Office of Planning and Zoning approving a sketch plan or preliminary plan for the public facilities for which adequacy was tested;
(ii) the date of a letter from the Office of Planning and Zoning approving a final plan or site development plan; or
(iii) the date that the Office of Planning and Zoning recommends to the Department of Inspections and Permits that an application for a building or grading permit be approved.
(2) If availability of sewerage facilities or water supply facilities is tested during sketch plan or preliminary plan review, approval of adequacy of sewerage facilities or water supply facilities occurs on the date of a letter from the Office of Planning and Zoning approving a sketch plan or preliminary plan.
(3) If testing for adequacy of sewerage facilities or water supply facilities is deferred to final plan or site development plan approval, a sketch plan or preliminary plan may be given contingent approval if the development passes tests for adequate public facilities other than sewerage facilities or water supply facilities, except that a preliminary sewer and water allocation and management program analysis and a preliminary determination of adequate water supply capacity for fire flow as required by § 17-5-801 shall be conducted prior to contingent approval being granted.
(4) If testing for adequacy of sewerage facilities or water supply facilities is deferred to final plan or site development plan approval, approval for adequacy of sewerage facilities or water supply facilities occurs on the date of a letter from the Office of Planning and Zoning approving a final plan or site development plan or on the date that the Office of Planning and Zoning recommends to the Department of Inspections and Permits that an application for a building or grading permit be approved.
(5) A plan may be given contingent approval if the development passes all tests for adequate public facilities other than schools and the development is placed on the waiting list provided for in § 17-5-503.
(6) A determination of adequacy of fire suppression facilities is valid for six months and it may be necessary to re-test for adequacy of fire protection facilities as a condition precedent to final plan approval, site development plan approval, and permit issuance.
(c) Testing of bulk parcels. A bulk parcel is tested for adequacy of public facilities after the creation of the bulk parcel and during review of the application for approval of the final plan or site development plan for development within the bulk parcel.
(d) Revocation of approval – Adequate sewerage or water supply facilities.
(1) Approval for adequacy of sewerage facilities or water supply facilities is revoked by operation of law if the allocation of the capacity on which such adequacy was based lapses in accordance with § 13-5-405 of this Code. If an allocation is restored in accordance with § 13-5-405(d) of this Code, approval for adequacy of sewerage facilities or water supply facilities shall be restored at the same time. Review of any development applications for a lot to which revocation applies shall be suspended from the date of revocation to the date of restoration, and all approvals given on those development applications prior to the date of revocation shall remain valid if approval for adequacy of sewerage facilities or water supply facilities is restored.
(2) Revocation under this subsection shall cause a proposed preliminary plan, site development plan, or subdivision plan to be void by operation of law if approval for adequacy of sewerage facilities or water supply facilities is not restored before the property is sold at tax sale. Revocation does not affect the legality of a subdivision of land for which the record plat was recorded in the land records at the time of revocation.
(3) Revocation under this subsection applies to a lot in a subdivision for which the record plat already has been recorded in the land records unless all fees and charges necessary to connect the improvements on that lot to the County's water or wastewater system were paid at the time of revocation or unless approval for adequacy of sewerage facilities or water supply facilities is restored for that lot.
(4) No building or grading permits may be issued for a lot to which revocation applies unless approval for adequacy of sewerage facilities or water supply facilities is restored. Any approvals on a permit application granted prior to the date of revocation shall remain valid if adequacy of sewerage facilities or water supply facilities is restored. If approval for adequacy of sewerage facilities or water supply facilities is not restored before the property is sold at tax sale, any permit application for the property is null and void.
(5) The Office of Planning and Zoning shall maintain a record available to the public of the lots, subdivisions, preliminary plans, or site development plans for which approval for adequacy of sewerage facilities or water supply facilities has been revoked under this subsection.
(6) The Department of Inspections and Permits shall suspend any building permits issued for a lot to which revocation applies and shall issue a stop work order. If the approval for adequacy of sewerage facilities or water supply facilities is restored for a lot with a suspended building permit, the suspended building permit shall be reactivated and the stop work order shall be lifted. If approval for adequacy of sewerage facilities or water supply facilities is not restored before the property is sold at tax sale, the Department of Inspections and Permits shall revoke the suspended building permit and the stop work order shall remain in effect. Improvements on a lot to which revocation of approval for adequacy of sewerage facilities or water supply facilities applies may not be connected to the County's water or wastewater system regardless of the status of the permit.
(e) Adequacy of sewerage or water facilitiesDeadline for testing. If a developer opts to defer testing for adequacy of sewerage facilities or water supply facilities to final plan or site development plan approval, adequacy of sewerage facilities or water supply facilities shall be tested and approved within the scheduled completion year or adequacy of all public facilities shall be tested again. The Planning and Zoning Officer may extend the time to defer testing for adequacy of sewerage facilities or water supply facilities beyond the scheduled completion year if the development is approved by the Planning and Zoning Officer, Administrative Hearing Officer, or Board of Appeals for phasing as provided in § 17-5-1001.
(Bill No. 3-05; Bill No. 90-09; Bill No. 59-10; Bill No. 5-11; Bill No. 18-12; Bill No. 110-15)