(A) Compliance. No development project subject to this chapter may be approved by the Planning Commission until the project has satisfied the requirements of this chapter.
(B) Violations. Any permit or approval obtained in violation of this chapter is void.
(C) Concept process.
(1) A concept concurrency application for a residential subdivision or other project subject to this chapter shall be submitted when a concept plan, pursuant to Chapter 155, is submitted to the Department. The application shall contain:
(a) The number of units, type of units, and gross density of the proposed project;
(b) The location of the proposed project;
(c) Identification of the public facilities impacted by the proposed project;
(d) The tax account identification number; and
(e) Any other relevant information required by the county.
(2) Upon acceptance by the county of a completed concept concurrency application, the Department shall review the proposed project for ATC and compliance with this chapter. The Department, as staff to the Planning Commission, shall issue a tentative determination as to the adequacy of public facilities. The tentative determination does not constitute any guarantee of adequacy of public facilities and is not binding upon the Planning Commission.
(3) The tentative determination shall expire six months after issuance unless a preliminary plan is submitted and accepted for review in accordance with Chapter 155.
(D) Preliminary process.
(1) Application. A preliminary concurrency application for a residential subdivision or other project subject to this chapter shall be submitted when a preliminary plan, pursuant to Chapter 155, is submitted to the Department. The application shall contain:
(a) The number of units, type of units, and gross density of the proposed project;
(b) The location of the proposed project;
(c) Identification of the public facilities impacted by the proposed project;
(d) A traffic impact study for roads and intersections completed in accordance with the traffic impact study guidelines contained in the Department of Public Works’ Design Manual, Volume I, Roads and Storm Drains, as revised or amended;
(e) The tax account identification number; and
(f) Any other relevant information required by the county.
(2) Distribution and review.
(a) After all review agency comments have been addressed and the Department has determined that the preliminary plan may be presented to the Planning Commission, the Department shall distribute the ATC form and preliminary plan to the appropriate agencies for review and comment.
(b) Upon receipt of all applicable agency comments and ATC forms, the Department shall review the proposed project for ATC and compliance with this chapter.
(c) If no response is received from any applicable agency within 30 days of the date the Department distributes the ATC form, the ATC shall be presumed adequate for the particular facility or service for which no response was received.
(d) No preliminary plan may be presented to the Planning Commission until the written report is prepared pursuant to division (D)(3) below.
(e) The preliminary plan may not be withdrawn from the Planning Commission agenda by the developer after the distribution of the ATC form. The preliminary plan shall be presented to the Planning Commission for adequacy approval.
(3) Report. The Department shall forward a written report to the Planning Commission including a recommendation as to whether adequacy approval should be granted and the following information:
(a) The number and type of units the proposed project would generate;
(b) The specific public facilities impacted by the proposed project;
(c) The extent of impact of the proposed project;
(d) The availability of ATC to serve the proposed project during the scheduled completion year and all remaining years in the existing CIP;
(e) The demand on existing and planned public facilities and services from all existing and approved development in the proposed project’s applicable service area or district, including lots or projects not subject to this chapter, as follows:
1. Existing lots and subdivisions, including residential units which have been approved by the Planning Commission, in the impact area; and
2. All residential building permits proposed or projected in the impact area for the six-year CIP period including units which are not subject to this chapter, such as off conveyances, minor subdivisions in the “A” District, and residential projects located in incorporated municipalities.
(f) If any existing facilities or services are inadequate, whether any facilities or services are planned in the CIP or budget that would alleviate the inadequacy, including the year in which the facilities or services are projected to be completed and operational and the extent to which they would alleviate the inadequacy.
(4) Planning Commission adequacy determination.
(a) Denial. If a public facility or service is inadequate or projected to be inadequate during the current CIP at the preliminary plan stage and no relief facility is planned in the six-year CIP to address the inadequacy or no mitigation is accepted by the county pursuant to § 156.06(B), the plan shall be denied by the Commission. At the request of the developer, the plan may be placed in a queue and retested on an annual basis.
(b) Conditional approval. If a public facility or service is inadequate and a relief facility is planned in the six-year CIP to address the inadequacy or mitigation is accepted by the county pursuant to § 156.06(B), or a public facility or service is approaching inadequate during the current CIP, the Planning Commission may conditionally approve the plan to proceed to the final plan stage and issue a tentative recordation schedule and tentative building permit reservations, subject to modification at the final plan stage.
(c) Approval. If all public facilities and services are adequate during the current CIP, the Planning Commission may approve the plan to proceed to the final plan stage and issue a recordation schedule and building permit reservations, subject to a building permit cap adopted by the County Commissioners in effect at the time of application for building permits.
(5) Retesting. For projects released from a queue, the project will be retested as to the facility or service which was inadequate or projected to be inadequate, in accordance with this division (D).
(E) Final process.
(1) Application. A final concurrency application for a residential subdivision or other project subject to this chapter shall be submitted when a final plat or site plan, pursuant to Chapter 155, is submitted to the Department. The application shall contain:
(a) The number of units, type of units, and gross density of the proposed project;
(b) The location of the proposed project;
(c) Identification of the public facilities impacted by the proposed project;
(d) The tax account identification number;
(e) For a site plan, a traffic impact study for roads and intersections completed in accordance with the traffic impact study guidelines contained in the Department of Public Works’ Design Manual, Volume I, Roads and Storm Drains, as revised or amended; and
(f) Any other relevant information required by the county.
(2) Distribution and review.
(a) After all review agency comments have been addressed and the Department has determined that the final plan may be presented to the Planning Commission, the Department shall distribute the ATC form and final plan to the appropriate agencies for review and comment.
(b) Upon receipt of all applicable agency comments and ATC forms, the Department shall review the proposed project for ATC and compliance with this chapter.
(c) If no response is received from any applicable agency within 30 days of the date the Department distributes the ATC form, the ATC shall be presumed adequate for the particular facility or service for which no response was received.
(d) No final plan may be presented to the Planning Commission until the written report is prepared pursuant to division (D) below.
(e) The final plan may not be withdrawn from the Planning Commission agenda by the developer after the distribution of the ATC form. The final plan shall be presented to the Planning Commission for adequacy approval.
(3) Report. The Department shall forward a written report to the Planning Commission including a recommendation as to whether adequacy approval should be granted and the following information:
(a) The number and type of units the proposed project would generate;
(b) The specific public facilities impacted by the proposed project;
(c) The extent of impact of the proposed project;
(d) The availability of ATC to serve the proposed project during the scheduled completion year and all remaining years in the existing CIP;
(e) The demand on existing and planned public facilities and services from all existing and approved development in the proposed project’s applicable service area or district, including lots or projects not subject to this chapter, as follows:
1. Existing lots and subdivisions, including residential units which have been approved by the Planning Commission, in the impact area;
2. All residential building permits proposed or projected in the impact area for the six-year CIP period, including units which are not subject to this chapter, such as off conveyances, minor subdivisions in the “A” District, and residential projects in incorporated municipalities.
(f) If any existing facilities or services are inadequate, whether any facilities or services are planned in the CIP or budget that would alleviate the inadequacy, including the year in which the facilities or services are projected to be completed and operational and the extent to which they would alleviate the inadequacy.
(4) Planning Commission adequacy determination.
(a) Denial. If a public facility or service is inadequate or projected to be inadequate during the current CIP at the final plan stage and no relief facility is planned in the six-year CIP to address the inadequacy or no mitigation is accepted by the county pursuant to § 156.06(B), the plan shall be denied by the Planning Commission. At the developer’s request, the plan may be placed in a queue and retested on an annual basis.
(b) Conditional approval. If a public facility or service is inadequate and a relief facility is planned in the six-year CIP to address the inadequacy or mitigation is accepted by the county pursuant to § 156.06(B) or a public facility or service is approaching inadequate, the Planning Commission may approve the plan subject to a phasing plan for recordation or may defer the project and place the plan in a queue to be retested on an annual basis. The Director of the Department may approve amendments to phasing plans.
(c) Approval. If adequacy was not determined by the Planning Commission at the preliminary plan stage and the Planning Commission determines that all public facilities and services are adequate, the Planning Commission may approve the plan and issue a recordation schedule and building permit reservations.
(d) Conditional approval. For projects that received a conditional approval and tentative recordation schedule at the preliminary plan stage, the Planning Commission shall review the facility or service which was inadequate or approaching inadequate at the preliminary plan stage and may modify the recordation schedule and building permit reservations or place the project in a queue, at the discretion of the Planning Commission.
(e) Permit cap. For projects that received a recordation schedule and building permit reservations at the preliminary plan stage, the Planning Commission’s Secretary shall inform the developer whether any existing or proposed building permit cap would be applicable to the project.
(f) Extensions. The Director of the Department may grant extensions to recordation deadlines for successive one year periods. The denial of an extension request does not constitute an order, requirement, decision or determination made by an administrative official for the purposes of § 158.133 of Chapter 158, Zoning. If an extension request is denied by the Director of the Department, the request may be presented to the Planning Commission and a decision of the Planning Commission may be appealed to the BZA in accordance with § 158.133.
(F) Inventory. The Department shall maintain an inventory of the disposition and current status of all pending projects, including those not subject to this chapter, and any queue.
(G) Fees. The county may assess fees to offset the costs of administering this chapter.
(H) Sunset provisions. In the event a project is placed in a queue, the Director of the Department may extend the sunset provision in accordance with § 155.032. If a project is placed in a queue due to an inadequacy or approaching inadequacy for schools, the plan may be re-tested when the annual enrollment projections are released by the Carroll County Board of Education.
(2004 Code, § 71-6) (Ord. 161, passed 3-5-1998; Ord. 02-12, passed 8-13-2002; Ord. 04-13, passed 4-20-2004; Ord. 08-01, passed 2-14-2008; Ord. 2010-04, passed 4-10-2010; Ord. 2011-02, passed 5-17-2011)