42-338. Review for Major Subdivisions and Conservation Subdivisions of Thirty-Five (35) to Two Hundred Ninety-Nine (299) Lots

  1. Approval Authority. Planning Board.
  2. Application.
    1. Pre-application Conference. Each applicant shall meet with the Subdivision Administrator in a pre-application conference at least 15 days prior to the submission of any major subdivision application of 35 to 299 lots. The purposes of the conference are to: (1) acquaint the applicant with the application process, (2) review the sketch of the proposed development, (3) allow for the free exchange of information between the applicant and the Subdivision Administrator, (4) explore how the applicant intends to design the development, and (5) identify contemplated density levels, areas proposed for preservation and existing nature features on the property to be subdivided. The applicant should be prepared to discuss the development plans for the entire tract and any adjacent property under the same ownership. Each applicant shall bring to the pre-application conference a site analysis sketch which shall:
      1. Be prepared based on aerial photography, visual observations and an on-site inspection of the tract and which may be prepared (at the applicant’s request) with the general guidance of Planning Staff or professionally (although neither is required);
      2. Be at a scale which is clearly legible and provides sufficient detail to describe the general location of proposed development and the stated features for discussion purposes; and
      3. Identify (for the entire tract) the following features: streams, creeks, ponds, reservoirs, floodplains, wetlands, steep slopes (those greater than 60 percent), unique natural areas, rock outcroppings, farmland, pastureland and wooded/forested areas.
    2. Application. Applications, including all application materials, master plan(s) (see §42-340 (Master Plans)) and/or development plan(s) (see §42-341 (Development Plans)) shall be submitted on or before the date required by the Planning Department for review at the next Planning Board meeting. In the opinion of the Subdivision Administrator if an application is incomplete, the Subdivision Administrator may return the application to the applicant identifying the specific omissions, without invoking the review time requirement.
    3. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
  3. Staff Review. The Subdivision Administrator shall preliminarily review all application materials, master plan and/or development plan(s) and schedule the matter for consideration by the Planning Board and notify the applicant (in writing) of that time. The Subdivision Administrator shall schedule the matter for consideration by the TRC and notify (in writing) the applicant of that time. Formal review of the subdivision shall not begin until the Subdivision Administrator has verified that the application is complete. Such verification should, when possible, be made within three (3) business days of its receipt.
  4. Neighborhood Compatibility Meeting. A neighborhood compatibility meeting is required for subdivisions proposing more than one hundred (100) units/lots. See §42-372. Neighborhood Compatibility Meeting.
  5. Formal Review. Major subdivisions of 35 to 299 lots that do not meet the conservation subdivision standards (see §42-87 Conservation Subdivisions (Option)) shall follow the procedures of §42-339 (Review for Major Subdivisions and Conservation Subdivisions of Three Hundred (300) or More Lots) or seek development agreement approval through the Board of Commissioners. The Subdivision Administrator shall prepare a recommendation on the application and supply a copy of this recommendation and the recommendation of the TRC to the applicant before review by the Planning Board. The Planning Board shall take action within 90 days from the date of its first consideration of the application. The Subdivision Administrator shall notify the applicant (in writing) of the decision by the Planning Board and any conditions imposed on the development within ten (10) business days of the decision. The Planning Board may refer any subdivision to the Board of Commissioners for review after giving due notice to the applicant. Reasons for such referral may include, but are not limited to, the size of the subdivision, location within the County, impact on the community, impact on infrastructure, or particular environmental features that make this subdivision substantially unique form other proposed subdivisions. The Planning Board may take the following action when reviewing an application:
    1. Approval. The proposal meets all requirements of this Chapter and other statutes, ordinances and regulations of the County as submitted and is approved.
    2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to County regulations and other statutes, and is approved subject to the completion of certain conditions. If the plan is approved with conditions the Planning Staff is given administrative responsibility to grant formal approval upon satisfaction of imposed conditions. The Subdivision Administrator has the right to resubmit the revised plan(s) to the Planning Board for complete review if deemed necessary. If the application is granted conditional approval by the Planning Board, then said conditions must be met before a final plat can be approved, unless specified otherwise. If the master plan and/or development plan are not revised to meet the approval conditions or the applicant notified the Planning Department of unwillingness to meet the conditions, it shall be deemed denied and a final plat cannot be approved.
    3. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Chapter or other statutes, ordinances and regulations of the County.
  6. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B (5) (Posted Notice), for posted notices. Planning Staff shall be responsible for all necessary public notifications.