§ 32-9-109. PROPOSED DEVELOPMENTS INVOLVING GROWTH ALLOCATION.

(a)

In general. All proposed developments that involve requests for growth allocation shall be subject to the provisions of this title and Title 4 of this article

(b)

Simultaneous review and processing.

(1)

Notwithstanding the provisions of this section, a plan may continue to be reviewed and processed under the development regulations while the growth allocation application is being reviewed, processed and adjudged.

(2)

The Hearing Officer may approve a Development Plan that involves a growth allocation request only upon the condition that the growth allocation is granted.

(3)

If growth allocation is not granted, any change to a conditionally approved Development Plan shall be considered material.

(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)