19-2958. Same; comprehensive plan; procedure to approve; notice; hearing; consideration by county commissioners; revision, amendment and annual review of plan, procedure.
19-2958
19-2958. Same; comprehensive plan; procedure to
approve; notice;
hearing; consideration by county commissioners; revision, amendment and
annual review of plan, procedure.
(a) The planning commission, with the approval of the board of
county commissioners, may make or cause to be made a comprehensive plan for
coordinated development of the county in the manner, and for the purposes,
provided by this act. In the preparation of such plan, the planning
commission shall make or cause to be made comprehensive surveys and studies
of past and present conditions and trends relating to land use, population
and building intensity, public facilities, transportation and
transportation facilities, economic conditions, natural resources, and may
include any other element deemed necessary to the comprehensive plan. Such
proposed plan, which in addition to a written presentation, may include
maps, plats, charts and other descriptive matter, shall show the
commission's recommendations for the development or redevelopment of the
county and may include: (1) The general location, extent and relationship
of the use of land for agriculture, residence, business, industry,
recreation, education, public buildings and other community facilities,
major utility facilities both public and private and any other use deemed
necessary; (2) population and building intensity standards and restrictions
and the application of the same;
(3) public facilities including transportation facilities of all types,
whether publicly or privately owned, which relate to the transportation of
persons or goods; (4) public improvement programming based upon a
determination of relative urgency; (5) the major sources and expenditure of
public revenue including long range financial plans for the financing of
public facilities and capital improvements, based upon a projection of the
economic and fiscal activity of the county, both public and private; (6)
utilization and conservation of natural resources; and (7) any other
element deemed necessary for the proper development or redevelopment of the area.
(b) The planning commission, by an affirmative vote of a majority of all
its members, may approve for recommendation the comprehensive plan as a
whole by a single resolution, or may by successive resolutions approve
parts of the plan, such parts corresponding with the major geographical
sections of the county or with functional subdivisions of the plan. Such
resolution shall specifically identify any maps, plats, charts or other
materials made a part of such plan. Before the approval for recommendation
of any such plan or part thereof, the planning commission shall hold a
public hearing thereon, notice of which shall be published once in the
official county newspaper at least 20 days prior to the date fixed for
hearing. Such hearing may be adjourned from time to time. Upon the approval
for recommendation of any such plan or part thereof, a certified copy of
the same shall be submitted to the board of county commissioners for its
consideration and final approval. Upon request, copies of the proposed plan or part thereof,
together with notice of the time and place when the board of county
commissioners will consider adoption of the plan or part thereof, shall be
provided to other interested legislative or administrative agencies for review
and comment. Failure to receive such copies or other notice shall not
invalidate any subsequent action taken on the plan or part thereof.
(c) The board of county commissioners shall consider such proposed
comprehensive plan or part thereof as recommended by the planning
commission. If the board of county commissioners approves such
recommendation, it may adopt, by resolution, such proposed plan or part
thereof. If the board of county commissioners disapproves, in whole or in
part, the planning commission's recommendation, the board of county
commissioners shall return such recommendation or part thereof to the
planning commission for further consideration along with a written
statement of reasons for disapproving the same or with suggested
modifications. If the board of county commissioners returns the plan or
part thereof as originally recommended to the planning commission for
further consideration as disapproved or with suggested modifications, the
planning commission shall reconsider such plan or part thereof as returned
and, within 30 days of receipt thereof or such lesser or greater time
period as determined by the board of county commissioners, either submit a
new recommendation to the board of county commissioners or resubmit its
original recommendation to the board of county commissioners. No additional
public hearing shall be required unless the board of county commissioners
directs that one be held. If the planning commission fails to deliver its
recommendation to the board of county commissioners within such time
period, the board of county commissioners shall consider such course of
inaction on the part of the planning commission as a resubmission of its
original recommendation. The board of county commissioners, after receipt
of the new or original recommendation of the planning commission on the
returned plan or part thereof, shall reconsider such matter and thereafter,
by resolution, may adopt, in whole or in part, or may revise or amend and
adopt such proposed plan or part thereof as the official plan of the
county, or may take no further action thereon, as it deems appropriate.
(d) All reports and documents forming the comprehensive plan or parts
thereof as adopted shall bear the signature, or facsimile thereof, of the
chairperson of the board of county commissioners and an attested copy of
the same shall be filed in such public office as may be designated by the
board of county commissioners and shall be a public record. In addition,
copies shall be provided to legislative and administrative agencies
affected by the plan. Failure to receive such copy shall not invalidate any
subsequent action taken. Such plan or part thereof shall constitute the
basis or guide for public action to insure a coordinated and harmonious
development or redevelopment which will best promote the health, safety,
morals, order, convenience, prosperity and general welfare, as well as a
wise and efficient expenditure of public funds.
(e) After adoption of a comprehensive plan or part thereof by the board
of county commissioners, the planning commission annually shall review the
plan for the purpose of determining if any portion of the plan has become
obsolete and shall make a report to the board of county commissioners
regarding the same on or before June 1 of each year. In addition, the
planning commission or the board of county commissioners, at any time after
the adoption of the plan or part thereof, may review or reconsider such
plan or part thereof so adopted and may propose, by resolution, any
amendments, extensions or additions to the same.
(f) When an amendment, extension or addition to the plan or part thereof
has been proposed, whether as a result of the annual review or by
resolution of the board of county commissioners or the planning commission,
such proposed amendment, extension or addition shall first be submitted to
the planning commission for recommendation. A public hearing shall be held
thereon and an accurate written summary made of the proceedings. Notice of
such public hearing shall be published in like manner as that required for
the original recommendation on the plan, shall fix the time and place for
such hearing and shall contain a statement describing, in general terms,
the proposed amendment, extension or addition to the plan.
(g) A quorum of the planning commission is more than 1/2 of all its members.
For action on amendments, a vote either for or against an amendment by a
majority of the members of the commission present constitutes a
recommendation of approval or disapproval of the commission, whereas a vote
either for or against an amendment by less than a majority of the members
of the commission present constitutes a "failure to recommend."
(h) The board of county commissioners shall consider such amendment,
extension or addition as recommended by the planning commission and,
regardless of whether the recommendation is for approval or disapproval, if
the board of county commissioners approves such recommendation, it may
adopt such recommendation, in whole or in part, by resolution, or may take
no further action thereon, as it deems appropriate. In the event the
planning commission submits a "failure to recommend" to the board of county
commissioners, the board of county commissioners may take such action it
deems appropriate. Upon a recommendation of the planning commission which
the board of county commissioners, in whole or in part, disapproves, the
board of county commissioners shall return such recommendation or part
thereof to the planning commission for further consideration along with a
written statement of reasons for disapproving the same or with suggested
modifications. If the board of county commissioners returns the proposed
amendment, extension or addition or part thereof to the planning commission
for further consideration as disapproved or with suggested modifications,
the planning commission shall reconsider such amendment, extension or
addition or part thereof as returned and, within 30 days of receipt thereof
or such lesser or greater time period as determined by the board of county
commissioners, either submit a new recommendation to the board of county
commissioners or resubmit its original recommendation
to the board of county commissioners.
No additional public hearing shall be required unless the board of county
commissioners directs that one be held. If the planning commission fails to
deliver its recommendation to the board of county commissioners within such
time period the board of county commissioners shall consider such course of
inaction on the part of the planning commission as a resubmission of its
original recommendation. The board of county commissioners, after receipt
of the new or original recommendation of the planning commission on the
returned amendment, extension or addition or part thereof, shall reconsider
such matter and thereafter, by resolution, may adopt, in whole or in part,
or may revise or amend and adopt such amendment, extension or addition, or
may take no further action thereon, as it deems appropriate. If the board
of county commissioners initiated such proposed amendment, extension or
addition, the board of county commissioners need not return the same to the
planning commission if it disapproves of the planning commission's
recommendation but may take such action as it deems appropriate after
receiving the planning commission's recommendation on the amendment,
extension or addition.
History: L. 1984, ch. 96, § 3;
L. 1997, ch. 72, § 1; July 1.