§ 16-4. Development plan procedures.

The procedure for OMPC consideration of any development plan shall be as follows:

16-4(a)

Filing. To request OMPC official action on the development plan, the developer shall file with the OMPC office a completed application form, filing fee and copies of the plan as required by the terms and conditions of the OMPC's application form.

16-4(b)

Review. OMPC staff and concerned agencies shall review the development plan and seek a consensus on all issues. The applicant is required to receive approval from the appropriate fire chief and utility companies prior to submitting the plan to the OMPC office.

16-4(c)

OMPC Action. Unless otherwise specified in this article, the OMPC's Director or the Director's agent shall have the authority to approve final development plans which comply with ordinance regulations and any requirements of concerned agencies. The plan shall be referred to the OMPC for action at a scheduled meeting in any of the following cases: if any question arises as to compliance with ordinance regulations or any requirements of concerned agencies; or at the discretion of the OMPC's Director; or at the request of the developer/applicant; or as provided in subsections 16-3(a), 16-3(b), or 16-8(c)(4) in this Article.

No development plans shall be considered for action by the OMPC until they have been reviewed by OMPC staff and concerned agencies, and recommendations have been forwarded to the OMPC. All development plans shall be approved or disapproved within ninety (90) days of the date they are formally filed for OMPC action, unless the developer agrees to a longer time period. However, in the case of a development plan filed in conjunction with a zoning map amendment request, the OMPC may postpone the development plan until after the legislative body has made its decision on the map amendment request. For cases such as these, the OMPC shall either approve or disapprove the development plan within sixty (60) days of the date of the legislative body's action on the map amendment request unless the developer agrees to a longer time period.

The OMPC will review recommendations of the staff and concerned agencies and then act for approval, conditional approval with conditions noted, postponement, or disapproval. The OMPC may modify or disapprove the development plan if it finds the plan does not comply with the requirements of the Zoning Ordinance, and when applicable, the Subdivision Regulations; or if it finds there are existing or potential substantial flood, drainage, sewage, traffic, topographic, land-use buffering or other similar problems relating to the development of the subject property. Reasons for action of postponement or disapproval shall be fully incorporated in the OMPC's minutes. The following actions by the OMPC shall have the meanings so stated:

(1)

Approval. The development plan is ready to be certified by the OMPC Chairman and Secretary with no further corrections or revisions of the plan required from the developer.

(2)

Conditional Approval. The development plan cannot be certified by the OMPC Chairman and Secretary until the developer has complied with the conditions of approval set forth in the record of OMPC action on the plan.

(3)

Postponement. The OMPC has deferred action until some future OMPC meeting in order that certain clarification can be made in regard to the development plan. No completely new resubmittal is required of the developer as is the case for disapproval.

(4)

Disapproval. The OMPC has disapproved the plan. To request new review and action, the developer must file a new application along with a filing fee, plan copies, and other material as required under this Article.

16-4(d)

Certification of Approval. Within six (6) months of OMPC approval or approval by the OMPC director, unless a time extension has been granted previous to the expiration date, the following steps shall be completed, or else OMPC approval becomes null and void:

(1)

The developer shall fully comply with any conditions of approval placed on the plan by the OMPC and submit the completed original tracing of the plan to the OMPC.

(2)

The plan shall be certified by the OMPC Chairman and Secretary or by the OMPC director if it is in conformance with all requirements. OMPC staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the developer, and return the original plan tracing to the developer.

(3)

Time Extensions and Expired Plans. In conjunction with any request by the developer for a time extension or reapproval of an expired plan, the OMPC or the OMPC director may require changes in the development plan when time has necessitated such changes for the health, safety and welfare of the residents of the community, or when applicable ordinances and regulations have been changed.

16-4(e)

Timing Restrictions. The following timing restrictions shall be applicable to development plans:

(1)

Final development plans shall be submitted for OMPC consideration within two (2) years of the date of OMPC action on a preliminary development plan, otherwise, no further building permits shall be issued unless and until the plan is reapproved by the OMPC.

(2)

The developer shall be required to obtain building permits for all structures shown on a final development plan within five (5) years of the date of OMPC or the OMPC director's action on the development plan, otherwise, no further building permits shall be issued unless and until the plan is reapproved by the OMPC or the OMPC director.