The following steps must be completed before final approval is given by the Board of County Commissioners.
(A) Concept review.
(1) Ten copies of all documents required for concept review and proof of fees paid shall be submitted to the Zoning Administrator and obtain approval from the departments deemed necessary by the Zoning Administrator.
(2) Documents required for this review shall be:
(a) Signed documentation of the closest municipality showing the municipalities’ rejection of an annexation request or a waiver of such a requirement by the Board of County Commissioners;
(b) Sketch plan of the proposed development showing the entire area to be developed and the entire area to be left in open space;
(c) Geographic locational references, such as, but not limited to: section corners, surveyor markers and the like;
(d) Name and address of subdivider, designer, engineer and surveyor;
(e) Statement of existing underlying zoning;
(f) Notation on the plan of proposed site uses, including, but not limited to, dwelling units, open space, recreation area, commercial area, industrial area, parking and the like;
(g) The plan shall show general lot, street, park and open space layouts;
(h) Location and source of required utilities, including, but not limited to, power, water and wastewater disposal as required by § 154.216;
(i) A thorough statement documenting and identifying the specific policies and policy recommendations in the General Plan that the proposed plan encompasses and to what degree the proposed plan will accomplish those specific policies and policy recommendations;
(j) Any other criteria the Development Review Committee deems necessary to fulfill the objectives of the General Plan and this chapter;
(k) Approval shall be based on criteria outlined in § 154.081; and
(l) If denied concept review approval, the applicant must reapply within six months of the date of denial without additional fees or PUD application fee must be repaid.
(B) Preliminary review. Once the concept plan is reviewed, the applicant shall then submit ten copies of the preliminary review documents to the Zoning Administrator at least 21 days prior to placement on the agenda of the next scheduled County Planning Commission. A public hearing shall then be scheduled and noticed at the time and place of such hearing, and shall be posted at least three public places, published online and published in a newspaper of general circulation within the county at least 14 days before the date of the hearing. Included in this application shall be:
(1) Engineered drawings including scaled dimensions of lot(s), street(s), park(s), stormwater drainage, required utility easement(s) and open space layouts;
(2) Approved location and source of required utilities, including, but not limited to, power, water and wastewater disposal as required by § 154.216;
(3) Designation of major drainage ways and flood prone areas, including, but not limited to, 100-year floodplain mapping;
(4) Statement of maintenance proposals for common facilities;
(5) Statement of approved access on all designated rights-of-way;
(6) Time schedule for development;
(7) Location and type of use designated for all areas in the PUD;
(8) Proposed plan for ownership and maintenance of open areas;
(9) A certified letter of notification sent by the applicant to all adjoining property owners stating what is proposed;
(10) The applicant shall furnish the county with a performance bond or other acceptable surety approved by the County Attorney in order to cover any costs that may become necessary to complete necessary improvements in the PUD;
(11) Any additional information required as a result of Planning Commission concept review;
(12) Approval shall be based on criteria outlined in § 154.081 and compliance with requested changes in the concept review;
(13) If preliminary approval is granted or granted with conditions, the applicant shall then submit ten copies of the application in final form 21 days in advance of the County Planning Commission meeting; and
(14) If denied preliminary approval, the applicant shall have 60 days from the date of denial to resubmit without paying any further fees. If the applicant does not resubmit within 60 days, the applicant will be required to reapply for concept review by the Development Review Committee.
(C) Final approval - Planning Commission.
(1) Following preliminary approval or approval with conditions, the applicant must submit all documents required in the preliminary review in final form for consideration 21 days prior to the next Planning Commission meeting.
(2) If the County Planning Commission recommends final approval, all documents shall be forwarded to the Board of County Commissioners for consideration.
(3) If recommendation for final approval is denied, the applicant shall have 90 days to resubmit to the County Planning Commission without paying additional fees.
(D) Final approval - Board of County Commissioners.
(1) A public hearing following appropriate notice requirements shall be scheduled within 45 days of receipt of the recommendation by the County Planning Commission.
(2) If approval is granted, or granted with conditions, the developer must begin construction of the development as soon as practicable. If half of the road and utility improvements have not been made at the expiration of two years, after final approval of the Board of County Commissioners. The Board of County Commissioners may vacate the PUD development plan. Decisions of the Board of County Commissioners are final.
(Ord. 2024-5-3, passed 5-13-2024)