42-337. Review for Major Residential Subdivisions and Conservation Subdivisions of Eleven (11) to Thirty-Four (34) Lots and any Commercial, Office Institutional, Industrial or Mixed-Use Subdivisions of Thirty-Four (34) or Fewer Lots

  1. Approval Authority. Technical Review Committee (TRC).
  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 subdivision reviewed in accordance with this section. 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. Applications. 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 deadline date required by the Planning Department for review at the TRC 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. The applicant shall have the automatic right to withdraw the application at any time until the applicant has concluded comments regarding the project before the TRC.
    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 the application and 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. Formal Review. The Subdivision Administrator shall prepare a recommendation on the application and supply a copy of the recommendation to the applicant before review by the TRC. All members of the TRC shall sign off on the application for approval. Any approval or denial of the request must be in writing and be permanently filed in the office of the TRC as a public record. The TRC shall take action within 30 days of reviewing the application. The Subdivision Administrator shall notify the applicant (in writing) of the decision by the TRC and any conditions imposed on the development within ten (10) business days of the decision. The TRC may refer any subdivision reviewed in accordance with this section for review by the Planning Board in accordance with this Chapter. The TRC 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 any revised master plan and/or development plan and subdivision application to the TRC for complete review if deemed necessary. If the application is granted conditional approval by the TRC, then said conditions must be met before a final plat can be approved, unless specified otherwise. If the master plan and/or development plan is 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. If the TRC denies the application, reasons for the denial shall be provided (in writing) to the applicant.