(a) Conditions to be met to retain approval. Upon the recommendation of the Office of Planning and Zoning that an application for a building or grading permit be approved, no further approval for adequacy of public facilities, other than fire suppression facilities, is required if:
(1) the building or grading permit is reviewed and approved for issuance by the Office of Planning and Zoning prior to the expiration of the site development plan; and
(2) the impact of the development does not exceed the impact in the original study that formed the basis for passing a test.
(b) Effect of failure to meet time requirement. Except as provided in subsection (c), when a development has met the requirements for adequate public facilities during site development plan review and the time requirement of subsection (a) is not met, the proposed site development plan is void unless the Planning and Zoning Officer grants a modification to allow for additional time to complete site development. 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 frame tolled. The time requirement of this section is tolled on the date that a development is placed on the waiting list provided for in § 17-5-503. The time requirement begins to run anew on the date that the development passes the adequacy of public facilities tests for schools under § 17-5-501 or the date upon which the six-year period provided for in § 17-5-503 has run.
(Bill No. 3-05; Bill No. 59-10; Bill No. 9-11; Bill No. 15-13)