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(a) As provided in subsection (b), the Director may issue a building permit only if the Planning Board has made a timely determination that public facilities will be adequate to serve the proposed development encompassed by the permit application under:
(1) Chapter 50, if required;
(2) Chapter 59 for project plans or site plans, if required; or
(3) Section 8-32 for development if the Planning Board or its designee finds that a new adequate public facilities determination is required under this Article, Section 50-20, or other applicable law.
The work performed after the permit is issued must conform to the uses and amount of development for which the adequacy of public facilities was reviewed.
(b) Applicability. This Article applies to each applicant for a building permit on a recorded lot for which no valid finding of adequate public facilities has been made, including any recorded lot for which an original finding of adequate public facilities has expired. (1990 L.M.C., ch. 3, § 2; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2006 L.M.C., ch. 5, § 1.)
Editor’s note—2006 L.M.C., ch. 5, § 2, states: Transition. Any replacement building for which a site plan application was accepted by the Planning Board before this Act became law [April 3, 2006] need not comply with the requirements of Section 8-31, as amended by Section 1 of this Act, for a timely adequate public facilities determination if: (a) the building was not required to obtain that determination before this Act took effect [July 3, 2006]; and (b) the replacement building would be less than 1,000 square feet larger than the building it would replace.