§ 32-9-104. LIMITATIONS.

(a)

Size restrictions for intensely developed areas.

(1)

In order for growth allocation to be awarded to a new intensely developed area, the area shall be:

(i)

At least 20 acres; or

(ii)

Adjacent to an existing intensely developed area or limited development area.

(2)

Areas are considered adjacent even if they are separated by such features as a road or a stream.

(b)

Time limits for growth allocation applications.

(1)

Except for allocations described under § 32-9-103(b) of this title, the time limit for the validity of a plan or plat that involves a growth allocation application is subject to the provisions of §§ 32-4-261 through 32-4-274 of this article, inclusive.

(2)

If the plan or plat lapses and becomes invalid, the growth allocation granted and approved shall be reapplied to the county's total and shall become available for reallocation.

(1988 Code, § 26-123) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 63, 1992, § 1, 7-23-1992; Bill No. 51-94, § 1, 5-20-1994; Bill No. 95-94, §§ 1, 2, 7-12-1994; Bill No. 50-99, § 1, 7-12-1999; Bill No. 103-02, § 3, 7-1-2004; Bill No. 75-03, § 39, 7-1-2004)