(a) Application submittal requirements. Applications for master plan approval shall be filed with the planning director. The planning director shall prescribe the form of applications as well as any other material he may reasonably require to determine compliance with this article. A site analysis shall be prepared and submitted by the applicant that presents an inventory of existing site conditions such as topography, soils, slope conditions, vegetation, hydrology-drainage, and other site features. The site analysis should provide the basis for defining land use areas for residential, office, commercial, open spaces, special facilities or other land uses, along with general vehicular circulation patterns. The applicant will be required to demonstrate that the proposed development conforms to all provisions of this chapter, and is consistent with the county comprehensive or strategic plan. No application shall be accepted by the planning director unless it complies with such submittal requirements. For the purposes of this chapter, an incomplete application is considered to have not been submitted and shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.
(b) Action on the application. On receipt of a completed application for master plan approval, the planning director shall cause an analysis to be made by qualified representatives of the county and such other agencies or officials as appear appropriate in the circumstances of the case, to determine compliance with applicable provisions of this chapter and any applicable conditions of an approved special use permit or conditional use permit.
(c) Planning director's report. The planning director shall submit to the planning board a written analysis of the application for master plan approval and his recommendation.
(d) Planning board review. The planning board shall review the application for master plan approval and the planning director's report and shall submit a written recommendation to the board of commissioners. The planning board shall base its recommendation on its determination whether or not the application conforms to all applicable provisions of this chapter, and whether or not the application is consistent with county development plans and policies. If the planning board recommends approval of the application with conditions, the applicant may amend the application to conform to all or some of the conditions, provided the planning director reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the planning board recommendation. In such cases, the planning director may amend his report to conform to any or all of the planning board's recommendations. The planning director shall then forward his report and the planning board's recommendation to the board of commissioners at the next available public hearing scheduled for master plan applications.
(e) Public hearing. After receiving the planning director's report and planning board's recommendation on an application for master plan approval, the board of commissioners shall hold a legislative public hearing on the application at the next available regularly scheduled public hearing. Notice of the date, time, and place of the legislative public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two successive weeks, with the first notice to be published not less than ten nor more than 25 days prior to the date of the hearing. The public hearing shall be open to the public, and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The board of commissioners may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses to avoid undue delay. All persons who intend to present evidence at the public hearing shall be sworn. The applicant shall bear the burden of presenting evidence sufficient to establish persuasively that the proposed development will comply with the criteria established in this chapter. A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing.
(f) Board of commissioners action. The board of commissioners shall act on the application after reviewing the application, the planning director's report, the planning board's recommendation, and public comment thereon. It shall base its action on its findings as to conformity with all applicable regulations of this chapter. Its action shall be on the following: approval, approval subject to conditions, or denial. The board of commissioners may impose such reasonable conditions on an approval as will ensure compliance with applicable regulations.
(g) Actions after decision. The planning director shall notify the applicant of the board of commissioners' decision in writing and shall file a copy with the county's planning department. If the application is approved or approved with conditions, the planning director shall issue the necessary master plan approval in accordance with the action of the board of commissioners. The applicant shall record such approval in the office of the county register of deeds prior to any applications for a land use permit, stormwater management permit, or building permit. The master plan, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.
(Ord. of 7-10-2000, §§ 7.6.3, 7.6.4; Amend. of - - )