Approved plats and amendments to plats that change or intensify the permitted levels of development are subject to the expiration of the findings of adequacy made by the County Commission at the time of approval. These findings, regarding the adequacy of services and facilities expire 5 years from the date of approval if either of the following occurs:
- No building permit for a principal building (excluding dry models, sales and construction offices) and first inspection approval has been issued.
- Construction of project water lines, sewer lines, drainage and the rock base for internal roads have not been substantially completed.
Proof that one of these requirements has been meet, from the appropriate governmental office, must be provided to the County by the property owner(s).
If the findings of adequacy expire, no additional building permits can be issued until the County Commission finds the application satisfies the adequacy requirements in the Land Development Code.
Application and Review Process
If the findings of adequacy expire, you must file an application
for new findings of adequacy. The application and review process are similar to the plat process with 3 exceptions:
- A letter from the municipality stating agreement with your request for a new findings of adequacy is required.
- You must record an agreement in the public records amending the note on the face of the plat, extending the findings of adequacy for an additional 5 years.
- You have 12 months from the date of approval by the County Commission to record an agreement.
Similar to plat approval, at the end of the 37 working day review process, we issue a new Development Review Report, which updates all the conditions necessary for your application to comply with the Land Development Code plus advisory comments on any issues needing addressed before receiving a certificate of occupancy. The report will also include staff recommendation to approve, defer or deny and justification.
After the report is issued, you have 5 months to submit a "written authorization to proceed." Any objections must be stated in the "written authorization to proceed." If any new objections are raised after submitting your letter to proceed, we will recommend deferral of your application at the County Commission meeting. If the "written authorization to proceed" is not received within 5 months, your application is considered withdrawn.
County Commission Meeting
Once we receive your written authorization, we will schedule your application for the next available County Commission plat meeting – typically 3 weeks from the filing deadline
A copy of the final Development Review Report, forwarded to the County Commission, will be available for your review before the meeting. A blank affidavit will be attached to the report. If you sign the affidavit, agreeing with staff recommendations, the request will remain on the County Commission’s consent agenda. If not signed, the request will be automatically deferred for at least 2 weeks and rescheduled for discussion at a later meeting.
The County Commission takes final action on your application. If approved, you have 12 months to record an agreement authorizing the new findings of adequacy with a new 5 year period to pull permits.
During this time, all conditions of approval must be completed or secured through agreements (and a form of security) acceptable to the County Attorney. We coordinate the recording process. No building permits for the development affected by the new findings of adequacy may be issued until the agreement is recorded.
Each application is approved with a restrictive note limiting the type and amount of development that may occur. You may return to the County Commission to request changes to the note, after approval or recording the agreement amending the restrictive note. The County Commission will review your application for any additional impacts by the proposed change. You may also return to the County Commission after approval or recording to change other conditions of approval.