(A) All major residential subdivisions, major and minor commercial/industrial subdivisions, site plans, Planned Unit Development (PUD) and Mixed Use Development (MXD) Phase II plans, and revised subdivision, PUD and MXD Phase II or site plans resulting in an increase in density or intensity of use, received for approval, reapproval or extension by the Planning Commission shall meet the requirements set forth herein prior to preliminary plan or site plan approval except as provided for in § 1-20-7.
(B) Subdivision plats or site plans that do not meet the requirements for adequate public facilities in Articles III-VI herein shall not be granted preliminary subdivision or site plan approval by the Planning Commission. A conditional approval as allowed for in § 1-20-10 may be granted, provided no final approval shall be granted or lots recorded until the conditions set forth in the conditional approval have been satisfied.
(C) Prior to the signing of a preliminary plan or site plan, an adequate public facilities letter of understanding shall be agreed to and signed by the Planning Commission and the developer.
(D) Approval of adequate public facilities as set forth in this chapter shall be valid from the date of the meeting at which approval of the preliminary subdivision or site plan approval is first granted by the Planning Commission for the following time period as long as the preliminary plan or site plan approval remains valid.
(1) Residential subdivisions.
6-50 units 3 years
51-100 units 4 years
101-250 units 6 years
251-500 units 8 years
501 +units 10 years
(2) Nonresidential subdivisions (building square footage).
0-230,000 square feet 5 years
230,001-560,000 square feet 6 years
560,001-1,100,000 square feet 8 years
1,100,001 + square feet 10 years
(3) Nonresidential site plans. For as long as the site plan approval remains valid.
(4) At the request of the developer, for residential subdivisions with 50 or fewer dwelling units, the Planning Commission may grant APFO approval for a time period less than that shown above, when the decreased approval period can be justified by the developer.
(5) If a developer is seeking concurrent subdivision and site plan approval, the APFO testing shall be required as part of the subdivision approval. Notes shall be placed on both documents specifying approved use(s).
(E) At the request of, and upon submission of adequate justification by, the developer, the Planning Commission may extend the approval of adequate public facilities beyond the time frame provided in division (D) above if the Commission finds:
(1) All conditions of approval are being met; and
(F) The Planning Commission may grant APFO approval for time frames beyond those specified in division (D) if preexisting conditions of rezoning or other required phasing limitations, such as those provided in subsections (L) and (M) below, warrant such action.
(G) If the preliminary plan or site plan approval expires or is voided prior to the recording of all lots, the unrecorded lots or in the case of site plans, unconstructed portion of the development, shall meet the requirements of this chapter prior to again obtaining preliminary subdivision or site plan approval.
(H) A developer seeking preliminary subdivision or site plan approval of a development must comply with the county subdivision regulations and zoning ordinance.
(I) Prior to recordation of final plats all Health Department and county requirements must be met.
(J) For all developments which were exempt from this chapter or for which APFO approval was granted, the subdivision lots must be recorded, or where no subdivision is required, substantial construction pursuant to the site plan must be commenced in order to remain exempt from future APFO testing.
(K) (1) The developer may request that the time of approval for adequate public facilities for a development be extended if a moratorium has been imposed.
(2) The Planning Commission shall grant the extension if the developer establishes each of the following:
(a) The county imposed a moratorium;
(b) The development had APFO approval at the time the moratorium was imposed;
(c) The Division of Water and Sewer Utilities certifies that water and sewer capacity is adequate to serve the development or such portion as required.
(3) The duration of the extension of the time of the APFO approval shall be the longer of:
(a) The length of time remaining for the APFO approval at the time the moratorium was imposed; or
(b) One year.
(4) Retesting of public facilities, other than water or sewer facilities, shall not be required.
(5) The developer must make this request within six months after the moratorium expires.
(L) A phasing plan indicating the density and rate of development in accordance with the availability of adequate public facilities may also be approved as part of the MXD plan or PUD Phase II approval or reapproval.
(M) All PUDs with existing Phase II approval as of December 1, 1991, will be required to meet the requirements of this chapter prior to preliminary plan or site plan approval or reapproval. A phasing plan indicating the density and rate of development in accordance with the availability of adequate public facilities shall also be approved as part of the preliminary plan or site plan approval.
(N) For all developments which include a combination of residential and nonresidential uses, the duration of the adequate public facilities approval shall be the longer of the time periods found in subsections (D)(1) and (D)(2), as applicable.
(Ord. 98-03-205, 3-17-1998; Ord. 00-19-261, 7-11-2000; Ord. 02-05-301, 3-5-2002; Ord. 03-13-336, 9-2-2003; Ord. 09-19-523, 7-7-2009; Ord. 09-20-524, 7-7-2009; Ord. 10-26-561, 11-9-2010; Ord. 11-21-587, 9-6-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 22-17, 10-25-2022)