[§166E-10]  Non-agricultural park landdevelopment.  On behalf of the State or in partnership with a federalagency, a county, or a private party and except as provided in this section,the department may develop non-agricultural park lands that, at the option ofthe board, may be exempt from all statutes, ordinances, charter provisions, andrules of any governmental agency relating to planning, zoning, constructionstandards for subdivisions, development and improvement of land, andconstruction of buildings thereon; provided that:

(1)  The board finds the development is consistentwith the public purpose and intent of this chapter and meets minimum health andsafety requirements;

(2)  The development of the proposed non-agriculturalpark land does not contravene any safety standards or tariffs approved by thepublic utilities commission for public utilities;

(3)  The county in which the non-agricultural parkdevelopment is proposed shall approve the non-agricultural park development;and provided further that:

(A)  The county shall approve or disapprove thedevelopment within forty-five days after the department submits preliminaryplans and specifications for the development to the county.  If the county doesnot disapprove the development after the forty-fifth day, the development shallbe deemed approved;

(B)  No action shall be prosecuted ormaintained against any county, its officials, or employees, on any actionstaken by them in reviewing, approving, or disapproving the plans andspecifications; and

(C)  The final plans and specifications for thedevelopment shall be deemed approved by the county if the final plans andspecifications do not substantially deviate from the preliminary plans andspecifications.  The final plans and specifications for the project shallconstitute the planning, zoning, building, construction, and subdivisionstandards for that development.  For purposes of sections 501-85 and 502-17,the chairperson of the board or the responsible county official may certifymaps and plans of lands connected with the development as having complied withapplicable laws and ordinances relating to consolidation and subdivision oflands, and the maps and plans shall be accepted for registration or recordationby the land court and registrar; and

(4)  The State shall assume the responsibility ofmaintaining all roads and infrastructure improvements within the boundaries ifthe improvements are developed exempt from applicable county ordinances,charter provisions, and rules regarding development. [L 2006, c 157, pt of §1]