§ 32-4-229. SAME - DECISION OF THE HEARING OFFICER.

(a)

Final decision.

(1)

(i)

The Hearing Officer shall issue the final decision within 15 days after the conclusion of the final hearing held on the Development Plan.

(ii)

The Hearing Officer shall file an opinion which includes the basis of the Hearing Officer's decision.

(2)

If a final decision is not rendered within 15 days:

(i)

The Development Plan shall be deemed approved as submitted by the applicant; and

(ii)

The Hearing Officer shall immediately notify the participants that:

1.

The Development Plan is deemed approved; and

2.

The appeal period began on the fifteenth day after the conclusion of the final hearing.

(b)

Approval; Appeals.

(1)

The Hearing Officer shall grant approval of a Development Plan that complies with these development regulations and applicable policies, rules and regulations adopted in accordance with Article 3, Title 7 of the Code, provided that the final approval of a plan shall be subject to all appropriate standards, rules, regulations, conditions, and safeguards set forth therein.

(2)

A final decision of the Hearing Officer on a Development Plan may be appealed to the Board of Appeals in accordance with Part VIII of this subtitle.

(c)

Copies of approved Development Plan to county agencies. The Hearing Officer shall forward copies of the approved Development Plan to the directors of the Department of Permits, Approvals and Inspections, the Department of Public Works, the Department of Planning, and the Department of Environmental Protection and Sustainability within 5 working days after the date of the Hearing Officer's decision granting approval of:

(1)

The Development Plan as submitted; or

(2)

The Development Plan as revised within the 5-day period in compliance with the Hearing Officer's requirements for any condition imposed upon the plan.

(d)

Conditions imposed by Hearing Officer.

(1)

This subsection does not apply to a Development Plan for a Planned Unit Development.

(2)

In approving a Development Plan, the Hearing Officer may impose any conditions if a condition:

(i)

Protects the surrounding and neighboring properties;

(ii)

Is based upon a comment that was raised or a condition that was proposed or requested by a participant;

(iii)

Is necessary to alleviate an adverse impact on the health, safety, or welfare of the community that would be present without the condition; and

(iv)

Does not reduce by more than 20%:

1.

The number of dwelling units proposed by a residential Development Plan in a DR 5.5., DR 10.5, or DR 16 zone; or

2.

The square footage proposed by a non-residential Development Plan.

(3)

The Hearing Officer shall base the decision to impose a condition on factual findings that are supported by evidence.

(e)

Agreements upon final approval; recordation required.

(1)

If required by the Hearing Officer, the owners, lessees, or tenants of the property for which a Development Plan is approved shall:

(i)

Enter into an agreement in writing with the Hearing Officer stipulating to the conditions governing the final Development Plan approval; and

(ii)

Record the agreement among the land records of the county.

(2)

The participant requesting final Development Plan approval shall bear the cost of the agreement and the cost of recording the agreement.

(3)

When recorded the agreement shall govern the exercise of the approved Development Plan by any person, firm, or corporation, regardless of subsequent sale, lease, assignment, or other transfer.

(f)

Restrictions on issuance of permit or plat. A plat may not be recorded and the Department of Permits, Approvals and Inspections may not issue a permit or record a plat in connection with a Development Plan for a period of 30 days after a final decision by the Hearing Officer on the Development Plan if the case involved an unresolved comment or condition.

(g)

Subsequent Development Plans. Subsequent detailed Development Plans shall be sealed and certified as being in accordance with the approved Development Plan, including:

(1)

The final grading and erosion and sediment control plan;

(2)

The stormwater management plan;

(3)

The landscape plan; and

(4)

The record plat.

(1988 Code, § 26-206) (Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 29-95, §§ 1, 3, 5-21-1995; Bill No. 69-95, § 10, 7-1-1995; Bill No. 46-01, § 1, 8-4-2001; Bill No. 79-01, § 2, 7-1-2004; Bill No. 101-01, § 1, 1-24-2002; Bill No. 75-03, §§ 12, 13, 7-1-2004; Bill No. 42-05, § 1, 5-15-2005; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 55-11, §§ 1, 2, 10-16-2011; Bill No. 72-12, § 1, 1-9-2013)