[§166E-10]  Non-agricultural park land
development.  On behalf of the State or in partnership with a federal
agency, 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 of
the board, may be exempt from all statutes, ordinances, charter provisions, and
rules of any governmental agency relating to planning, zoning, construction
standards for subdivisions, development and improvement of land, and
construction of buildings thereon; provided that:



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



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



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



(A)  The county shall approve or disapprove the
development within forty-five days after the department submits preliminary
plans and specifications for the development to the county.  If the county does
not disapprove the development after the forty-fifth day, the development shall
be deemed approved;



(B)  No action shall be prosecuted or
maintained against any county, its officials, or employees, on any actions
taken by them in reviewing, approving, or disapproving the plans and
specifications; and



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



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