§ 32-6-109. CONDITIONAL DEVELOPMENT APPROVAL.

(a)

"Conditional development approval" defined. In this section "conditional development approval" means the Development Plan approval and the placement of the Development Plan on the waiting list under this section.

(b)

Authorized. If a Development Plan does not meet the requirements of § 32-6-103 of this title but meets all other requirements provided by law or regulation, the Hearing Officer may grant conditional development approval to the Development Plan or a portion of the Development Plan.

(c)

Waiting list. When a Development Plan or a portion of a Development Plan receives conditional development approval, the Department of Permits, Approvals and Inspections shall place the Development Plan on a waiting list for development in an overcrowded school district in the order in which it is approved.

(d)

Phased development.

(1)

If a development is intended to proceed in multiple sections or phases as shown in the proposed Development Plan:

(i)

The county may approve the construction of those sections or phases that meet the requirements of § 32-6-103 of this title; and

(ii)

The section or phases that do not meet those requirements may receive conditional development approval.

(2)

Any section or phase of development that receives development approval shall contain the open space requirements that are proportionally required for that section or phase, or are required for the entire Development Plan.

(3)

If a Development Plan proceeds in sections or phases and the open space requirements are on a section or phase that has received conditional approval, the open space requirements do not vest the sections or phases that have received conditional approval.

(e)

Authority to proceed. Subject to subsection (d) of this section, if the Department of Permits, Approvals and Inspections finds that the Development Plan or a section or phase of a Development Plan that has received conditional development approval meets the requirements of this title, the proposed development may proceed.

(f)

No expiration. Notwithstanding any other provision of law, if a Development Plan or a portion of a Development Plan receives conditional approval, the Development Plan or portion of the Development Plan does not expire as provided for in § 32-4-261 of this article.

(g)

Responsibility of applicant. When a development, or a section or phase of development has received conditional approval and the development, a section, or phase of the development meets the requirements of this title, it is the responsibility of the applicant to request the permission of the Department of Permits, Approvals and Inspections to proceed to record a plat or to secure building permits.

(h)

Regulations. The Department of Permits, Approvals and Inspections shall adopt regulations to carry out the provisions of this section, including regulations concerning the time in which an applicant must initiate construction after receiving permission to proceed as provided for in subsection (e) of this section.

(1988 Code, §§ 26-492, 26-499) (Bill No. 110-99, § 3, 3-1-2000; Bill No. 112-02, § 2, 7-1-2004; Bill No. 75-03, § 32, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011)