§ 72-504. Development review procedures.

All applications and supporting information required by this article shall be filed with the LDD. All required application fees, as set by resolution of the county council, shall be paid prior to acceptance of the application. The number of copies of the supporting information needed for distribution to all concerned reviewing agencies, as determined by the LDM, shall be submitted with the application prior to acceptance. Except as otherwise provided in this article, the following procedures shall govern the review of such applications:

(1)

Completeness of application. The LDM shall review the application to determine its completeness. Within three working days after receipt, he/she shall either accept the application if it is complete and forward to the applicant a notice of acceptance, or reject the application if it is incomplete and forward to the applicant a notice of incompleteness specifying the data missing from the application received.

a.

If neither a notice of acceptance, nor incompleteness is sent, the application shall be deemed accepted for purposes of beginning the time limits of this article on the fourth working day after the filing of the application.

b.

If a notice of incompleteness is sent, the applicant shall resubmit the application with the additional data required. Upon receipt, the LDM shall review the resubmittal application in the manner provided in this subsection for the original application.

(2)

Distribution of accepted application. Following acceptance of an application the LDD shall forward a copy of the application to all county review agencies and to any state or federal agency deemed by the LDM to be a concerned agency for the review process.

(3)

Review responsibilities. Each member of the county review agency shall prepare a report which sets out in writing their comments specifying the exact references to the code or other regulation being commented on and recommendations regarding the application and shall forward such report to the LDM at or before the meeting of the DRC held in accordance with this article. The LDM may waive one or more agency reviews, in whole or in part, under this section upon his/her determination that such a review has already been made regarding the same land and no change in standards or circumstances has occurred which necessitates further review. The LDM shall provide a quarterly report to the DRC, the county manager and to the county council of all such waivers granted and the reasons therefor.

(4)

Review. Applications shall be reviewed by the DRC and shall be discussed at a meeting held in accordance with the requirements of this article. If the development is not wholly or partially within a flood-prone area and is for development of fewer than 20 dwelling units or less than 20,000 gross square feet of nonresidential floor area, the LDM shall distribute the application for review and recommendation as in subsection (2), above, but may waive the requirement that the application be reviewed at a DRC meeting. If review of the application at the DRC's meeting has been waived, the LDM shall approve, approve with conditions or deny the development order and shall forward to the applicant a report of the LDM's actions within 20 working days of acceptance of the application.

(5)

Application revision. An application may be revised by the applicant after it has been reviewed by the DRC. Any application so revised must include a revision date on the plans. If any portion of the review process must be repeated to accommodate the revised application, the time limits prescribed in this article shall be extended but not to exceed 20 working days from the date that the revision has been received.

(6)

Development order review. Within 20 working days from the acceptance of an application or revised application the DRC shall make one of the following determinations:

a.

That the application or revised application is in compliance with the requirements of this article, and shall approve the application; or

b.

That the application or revised application is not fully in compliance with the requirements of this article, stating those conditions which they find are necessary to ensure compliance with this article, and shall approve the application subject to those conditions being met; or

c.

That the application or revised application is not in compliance with the requirements of this article, and shall deny the application, stating the basis for such denial, or, may continue consideration of and final action on the application pending submittal of a revised application.

(7)

Subdivision final plat review and final approval: DRC consideration and county council final action.

a.

Within 20 working days from the acceptance of the application or revised application for a subdivision final plat development order the DRC shall consider the application and shall make a recommendation to the county council for final action or, if the DRC determines the application is not in compliance with the requirements of this article, the DRC may continue consideration of the application pending submittal of a revised application.

b.

If the application is recommended for approval with conditions by the DRC the LDM may request that the applicant submit a revised application incorporating the conditions of approval prior to sending the application to the county council for final action. Within ten working days after submittal of a revised application which meets the conditions of the DRC the LDM shall transmit the revised application to the county council for final approval noting any conditions of approval by the DRC. The LDM may request subsequent revised applications prior to transmitting the application to the county council if the application, as revised, does not meet the requirements of the DRC's conditional approval.

c.

If the application is recommended for approval by the DRC without conditions; or, if the LDM determines that all of the DRC's conditions have been resolved: or, that any remaining conditions should be resolved by the county council, the LDM shall, within five working days, transmit the application to the county council for consideration for final action at the next available county council meeting.

d.

No application recommended for denial by the DRC shall be transmitted to the county council for final action except that the applicant may appeal from the DRC's denial pursuant to subsection 72-502(g).

(8)

Subdivision final plat review; county council final action.

a.

At a regularly scheduled public meeting the county council shall review the application and the DRC recommendation for conformity to this article and shall act appropriately upon the application.

b.

The appropriate action of the county council shall be one of the following determinations:

1.

That the application is in compliance with the requirements of this article, in which case the county council shall approve the application; or

2.

That the application is not fully in compliance with the requirements of this article, stating those conditions which they find are necessary to ensure compliance with this article, in which case the county council shall approve the application subject to those conditions being met; or

3.

That the application is not in compliance with requirements of this article, in which case the county council shall deny the application and state the basis for such denial; or

4.

A final determination by the county council under this section may be deferred if the county council finds that available information is insufficient on which to base either approval or denial of a particular application, and the county council directs or has directed that a specific study commence to provide the council with information sufficient to form the basis on which to approve or deny the application, and the study will be completed within a time certain, not to exceed six months from the date of the county council's determination under this section; provided, however, as a prerequisite to directing that a specific study commence to provide the council with information sufficient to form the basis on which to approve or deny a particular application, the council shall identify the inadequacy of the information available with respect to the application; or

5.

If the county council determines that adequate public facilities required under this article are not available, but are planned to become available in the future, they may:

i.

Defer action until adequate public facilities are available; or

ii.

Approve the application subject to the condition that no building permit shall be issued until adequate public facilities are available; or

iii.

Approve the application subject to the condition that no certificate of occupancy be issued until adequate public facilities are available; or

iv.

Approve the application subject to the condition that the developer enter into a public services and facilities agreement pursuant to this article to ensure that adequate public facilities are available at the time the impacts of the development occur.

(9)

Valid period and issuance of development orders.

a.

The valid period of any development order shall begin on the date of approval by either the DRC or county council and shall remain valid for a period of 24 months from the date of issuance.

b.

Development orders shall be issued by the LDM within five working days after being notified of the actions of either the DRC or the county council provided all conditions of approval, if any, have been resolved and that the approved concurrency certificate of capacity, if required, can be or has been issued pursuant to division 14.

(10)

Effect of development order.

a.

If construction of a site development has commenced pursuant to a valid building permit during the valid period of a final site plan development order construction may be completed in accordance with the approved development order as long as the building permit remains valid.

b.

If construction of the required improvements in a subdivision development has commenced during the valid period of a PPL development order the improvements may be completed in accordance with the approved development order beyond the valid period of that development order only if the subdivision final plat development order has been approved by the county council. Construction of the required improvements in a subdivision shall be completed or shall be guaranteed for completion pursuant to division 5, prior to recording the final plat.

c.

A development order for a subdivision final plat shall be issued only after the final plat is recorded and upon issuance shall remain valid until the subdivision or any part thereof is abandoned in accordance with the laws of Volusia County and the State of Florida.

d.

During the period of three months before and three months after the expiration of any development order the developer may request an extension of that valid period from the DRC. Such request shall be submitted to the LDD. The DRC may approve an extension of that valid period for a period of time not to exceed 12 months and may attach such conditions as they determine appropriate.

(Ord. No. 90-33, §§ IV—VIII, 9-27-90; Ord. No. 94-2, §§ 13—21, 4-7-94; Ord. No. 96-32, §§ VII, VIII, 12-19-96; Ord. No. 2008-25, § III, 12-4-08)