§ 16-7. Amendments to development plans.  


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  • Amendments to approved development plans can be made only by official OMPC action, if originally approved by the OMPC, or by the OMPC Director, if originally approved by the Director. Contents, format and procedures shall be as for the original submission. However, development plans originally approved by the OMPC at a scheduled meeting involving amendments that fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the OMPC's Director or the Director's agent without further action by the OMPC.

    16-7(a)

    Minor Amendments Defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments

    (1)

    shall not decrease the overall land area in yards or other open spaces;

    (2)

    shall not increase building ground area coverage, floor area, or height; or increase the number of dwelling units;

    (3)

    shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or high-traffic collector streets;

    (4)

    may include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment, this reduction may be equal to but not exceed the difference in minimum required parking between the original plan and the proposed minor amended plan. For any case, where parking in excess of the minimum requirement was provided on the original development plan, that same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment plan.

    16-7(b)

    Procedures for Minor Amendments.

    (1)

    Filing. To request approval of minor amendments to development plans, 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. The applicant is required to receive approval from the appropriate fire chief and utility companies prior to submitting the plan to the OMPC office.

    (2)

    Review. OMPC staff shall review the plan for compliance with all applicable requirements and ordinances and shall consult with concerned agencies as appropriate to assure proper plan review. Upon determination that all requirements have been met, the OMPC Director or the Director's agent shall certify the plan as approved. If any questions arise as to compliance, however, the plan shall be referred to the OMPC for action.

    (3)

    Certification. Upon certification of approval by the OMPC Director or the Director's agent, 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.

    16-7(c)

    Content and Format of Minor Amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that

    (1)

    the title shall indicate the plan is a minor amendment;

    (2)

    a note shall be added listing the exact nature of the requested changes; and

    (3)

    the following will be the required language for the OMPC Director's certification: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans."