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In addition to the other requirements contained in this article, the application for the optional method must include a schematic development plan which adheres to the following requirements:
(a) The schematic development plan must illustrate or specify how and to what extent the applicant will restrict the development standards or the use of the property to less than the maximum permitted in the requested zone, and whether and how development will be staged.
(b) If the applicant proposes to stage development, the schematic development plan must illustrate or specify the binding development program stating the sequence or timing in which development is to occur. The development program must indicate the relationship, if any, between the program and the county's capital improvements program.
(c) If the applicant proposes to limit the use of the property to less than the maximum uses permitted in the requested zone, such limitation must be specified in writing on the face of the schematic development plan.
(d) The schematic development plan must consist of a written specification containing sufficient detail with respect to the proposed restrictions or limitations and, if relevant, a drawing of appropriate scale containing the following elements as applicable to the proposal:
(1) The location, height, and uses of buildings and structures.
(2) The location of parking areas.
(3) The location of points of access to the site.
(4) A natural resources inventory prepared in accordance with a technical manual adopted by the Planning Board, and in addition:
a.Other natural features, such as rock outcroppings and scenic views; and
b.Historic sites as indicated in the master plan for historic preservation.
(e) Such drawing must differentiate between any elements that have been included for illustrative purposes and those elements intended to be binding.
(f) The schematic development plan is subject to amendment in the manner of a development plan in accordance with section 59-D-1.7.
(g) The schematic development plan approved by the district council must be certified and filed as provided in section 59-D-1.63.
(h) The site plan required by Division 59-D-3 must conform to the schematic development plan approved by the District Council.
(i) Compliance with binding elements. The binding elements approved by the district council are binding upon the applicants, successors, and assigns, unless amended in accordance with the provisions of Section 59-D-1.7.
(1) Allegations of noncompliance. Whenever a complaint is filed alleging substantial noncompliance with any or all of the binding elements of an approved schematic development plan, the director must investigate the complaint and, if the complaint is found to have reasonable cause, provide a written summary of the investigation to the complaining party, the zoning applicant or a successor in interest, the Planning Board, and the zoning hearing examiner. Complaints may be filed by government agencies and individuals.
(2) Upon receipt of the director's investigative report, the hearing examiner must schedule a show cause hearing to determine whether noncompliance with the binding elements exists and whether it merits sanctions including reversion to the previous zoning category. The hearing will be conducted after providing the parties and the public with 30 days' notice. The hearing examiner must provide the District Council with a report and recommendation within 30 days after the close of the hearing record. A hearing is not required if the complaint is withdrawn or the alleged noncompliance is corrected to the satisfaction of the director.
(3) If the District Council finds, after consideration of the hearing examiner's report and recommendation, that noncompliance exists with respect to any or all of the binding elements of an approved schematic development plan, it may adopt a resolution providing appropriate sanctions including reversion of the zoning to the previous zoning classification applicable to the property. Upon reversion to the previous zoning classification, the property will be subject to all development standards of the previous zone. The reversion sanction will not apply where the District Council finds substantial compliance with the binding elements.
(j) If a property proposed for development lies within a special protection area, the applicant must submit water quality inventories and plans and secure required approvals in accordance with Article V of Chapter 19. The development plan should demonstrate how any water quality protection facilities proposed in the preliminary water quality plan can be accommodated on the property as part of the project.