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(a) The County Planning Board or its technical staff must submit a report reviewing any petition for a special exception to the Board at least 5 working days prior to the date set for the public hearing. This report must be in accordance with the format and other requirements established by agreement of the Planning Board and the Board of Appeals. The Board must incorporate this report in the application file, and the report then becomes a part of the record of the application. Nothing in this section affects the applicant's burden of proof and persuasion as provided in section 59-G-1.21.
(b) If the applicant has been required to submit subdivision or site plan documents, as provided in section 59-A-4.22(b), the Planning Board must advise the Board of Appeals as follows:
(1) If approval of a preliminary plan of subdivision is required, the Planning Board must advise the Board of Appeals that:
(i) The adequacy of public facilities will be determined by the Planning Board at the time of subdivision approval, as provided in subsection (a)(8) of section 59-G-1.21, title “General Conditions;” or
(ii) The inadequacy is so severe that it is unlikely that the development of the special exception use would comply with provisions of section 50-35(k), title “Adequate Public Facilities.”
(2) If the special exception use will not require approval of a preliminary plan of subdivision in accordance with chapter 50 of this Code, title “Subdivision of Land,” the Planning Board must advise the Board of Appeals as to the adequacy of public facilities, including notification as to any relevant existing moratorium on development that is due to inadequate public facilities.
(3) If site plan approval is required in accordance with division 59-D-3 or recommended by the Planning Board as a condition of the special exception, the Planning Board must advise the Board as to the specific criteria by which the site plan will be evaluated.
(c) After the Planning Board or its technical staff has issued its initial report and recommendation, the applicant must transmit to the Planning Board a copy of any subsequent amendment to the petition. The record must remain open for a reasonable time to provide an opportunity for the Planning Board or its staff to comment. Within that time, the Planning Board or its staff must comment on the amendment or state that no further review and comment are necessary.