(a) Conditions to be met to retain approval. Unless the Planning and Zoning Officer has determined to postpone the test for adequacy of public facilities to final plan review for a development in the Odenton Growth Management Area pursuant to § 17-5-202(a)(2), upon the approval of a sketch plan for a subdivision other than a minor subdivision, no further approval for adequacy of public facilities, other than fire suppression facilities, is required if:
(1) the developer files an application for final plan approval within one year after the date of sketch plan approval or as extended by the Planning and Zoning Officer;
(2) the final plan is approved and a proposed record plat meeting the requirements of the final plan approval is submitted to the County as required under § 17-3-304(a) within 12 months after the date of final plan approval or within the time specified by the Planning and Zoning Officer under § 17-3-304(d);
(3) simultaneously with the approval of the plat or no later than twelve months after the date the record plat is recorded, the developer executes and delivers to the County a public works agreement for any proposed mitigation; and
(4) the impact of the subdivision does not exceed the impact in the original study that formed the basis for passing a test.
(b) Effect of failure to file to meet time requirements. Except as provided in subsection (c), when a subdivision has met the requirements for adequate public facilities during sketch plan review and the time requirements of subsection (a) are not met, the proposed subdivision plan is void unless the Planning and Zoning Officer grants a modification to allow for additional time to complete the subdivision. The Planning and Zoning Officer may not grant a modification to a developer who has failed to respond to County comments as required by this article.
(c) When time frames tolled. The time requirements of this section are tolled on the date that a subdivision is placed on the waiting list provided for in § 17-5-503. The time requirements begin to run anew on the date that the development passes the adequacy of public facilities tests for schools under § 17-5-501 or on the date upon which the six-year period provided for in § 17-5-503 has run.
(Bill No. 3-05; Bill No. 90-09; Bill No. 59-10; Bill No. 9-11; Bill No. 15-13; Bill No. 17-16)