19-2958.   Same; comprehensive plan; procedure toapprove; notice;hearing; consideration by county commissioners; revision, amendment andannual review of plan, procedure.(a) The planning commission, with the approval of the board ofcounty commissioners, may make or cause to be made a comprehensive plan forcoordinated development of the county in the manner, and for the purposes,provided by this act. In the preparation of such plan, the planningcommission shall make or cause to be made comprehensive surveys and studiesof past and present conditions and trends relating to land use, populationand building intensity, public facilities, transportation andtransportation facilities, economic conditions, natural resources, and mayinclude any other element deemed necessary to the comprehensive plan. Suchproposed plan, which in addition to a written presentation, may includemaps, plats, charts and other descriptive matter, shall show thecommission's recommendations for the development or redevelopment of thecounty and may include: (1) The general location, extent and relationshipof 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 deemednecessary; (2) population and building intensity standards and restrictionsand the application of the same;(3) public facilities including transportation facilities of all types,whether publicly or privately owned, which relate to the transportation ofpersons or goods; (4) public improvement programming based upon adetermination of relative urgency; (5) the major sources and expenditure ofpublic revenue including long range financial plans for the financing ofpublic facilities and capital improvements, based upon a projection of theeconomic and fiscal activity of the county, both public and private; (6)utilization and conservation of natural resources; and (7) any otherelement deemed necessary for the proper development or redevelopment of the area.

      (b)   The planning commission, by an affirmative vote of a majority of allits members, may approve for recommendation the comprehensive plan as awhole by a single resolution, or may by successive resolutions approveparts of the plan, such parts corresponding with the major geographicalsections of the county or with functional subdivisions of the plan. Suchresolution shall specifically identify any maps, plats, charts or othermaterials made a part of such plan. Before the approval for recommendationof any such plan or part thereof, the planning commission shall hold apublic hearing thereon, notice of which shall be published once in theofficial county newspaper at least 20 days prior to the date fixed forhearing. Such hearing may be adjourned from time to time. Upon the approval for recommendation of any such plan or part thereof, a certified copy ofthe same shall be submitted to the board of county commissioners for itsconsideration 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 countycommissioners will consider adoption of the plan or part thereof, shall beprovided to other interested legislative or administrative agencies for reviewand comment. Failure to receive such copies or other notice shall notinvalidate any subsequent action taken on the plan or part thereof.

      (c)   The board of county commissioners shall consider such proposedcomprehensive plan or part thereof as recommended by the planningcommission. If the board of county commissioners approves suchrecommendation, it may adopt, by resolution, such proposed plan or partthereof. If the board of county commissioners disapproves, in whole or inpart, the planning commission's recommendation, the board of countycommissioners shall return such recommendation or part thereof to theplanning commission for further consideration along with a writtenstatement of reasons for disapproving the same or with suggestedmodifications. If the board of county commissioners returns the plan orpart thereof as originally recommended to the planning commission forfurther consideration as disapproved or with suggested modifications, theplanning commission shall reconsider such plan or part thereof as returnedand, within 30 days of receipt thereof or such lesser or greater timeperiod as determined by the board of county commissioners, either submit anew recommendation to the board of county commissioners or resubmit itsoriginal recommendation to the board of county commissioners. No additionalpublic hearing shall be required unless the board of county commissionersdirects that one be held. If the planning commission fails to deliver itsrecommendation to the board of county commissioners within such timeperiod, the board of county commissioners shall consider such course ofinaction on the part of the planning commission as a resubmission of itsoriginal recommendation. The board of county commissioners, after receiptof the new or original recommendation of the planning commission on thereturned plan or part thereof, shall reconsider such matter and thereafter,by resolution, may adopt, in whole or in part, or may revise or amend andadopt such proposed plan or part thereof as the official plan of thecounty, or may take no further action thereon, as it deems appropriate.

      (d)   All reports and documents forming the comprehensive plan or partsthereof as adopted shall bear the signature, or facsimile thereof, of thechairperson of the board of county commissioners and an attested copy ofthe same shall be filed in such public office as may be designated by theboard of county commissioners and shall be a public record. In addition,copies shall be provided to legislative and administrative agenciesaffected by the plan. Failure to receive such copy shall not invalidate anysubsequent action taken. Such plan or part thereof shall constitute thebasis or guide for public action to insure a coordinated and harmoniousdevelopment or redevelopment which will best promote the health, safety,morals, order, convenience, prosperity and general welfare, as well as awise and efficient expenditure of public funds.

      (e)   After adoption of a comprehensive plan or part thereof by the boardof county commissioners, the planning commission annually shall review theplan for the purpose of determining if any portion of the plan has becomeobsolete and shall make a report to the board of county commissionersregarding the same on or before June 1 of each year. In addition, theplanning commission or the board of county commissioners, at any time afterthe adoption of the plan or part thereof, may review or reconsider suchplan or part thereof so adopted and may propose, by resolution, anyamendments, extensions or additions to the same.

      (f)   When an amendment, extension or addition to the plan or part thereofhas been proposed, whether as a result of the annual review or byresolution of the board of county commissioners or the planning commission,such proposed amendment, extension or addition shall first be submitted tothe planning commission for recommendation. A public hearing shall be heldthereon and an accurate written summary made of the proceedings. Notice ofsuch public hearing shall be published in like manner as that required forthe original recommendation on the plan, shall fix the time and place forsuch 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 amajority of the members of the commission present constitutes arecommendation of approval or disapproval of the commission, whereas a voteeither for or against an amendment by less than a majority of the membersof 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, ifthe board of county commissioners approves such recommendation, it mayadopt such recommendation, in whole or in part, by resolution, or may takeno further action thereon, as it deems appropriate. In the event theplanning commission submits a "failure to recommend" to the board of countycommissioners, the board of county commissioners may take such action itdeems appropriate. Upon a recommendation of the planning commission whichthe board of county commissioners, in whole or in part, disapproves, theboard of county commissioners shall return such recommendation or partthereof to the planning commission for further consideration along with awritten statement of reasons for disapproving the same or with suggestedmodifications. If the board of county commissioners returns the proposedamendment, extension or addition or part thereof to the planning commissionfor further consideration as disapproved or with suggested modifications,the planning commission shall reconsider such amendment, extension oraddition or part thereof as returned and, within 30 days of receipt thereofor such lesser or greater time period as determined by the board of countycommissioners, either submit a new recommendation to the board of countycommissioners or resubmit its original recommendationto the board of county commissioners.No additional public hearing shall be required unless the board of countycommissioners directs that one be held. If the planning commission fails todeliver its recommendation to the board of county commissioners within suchtime period the board of county commissioners shall consider such course ofinaction on the part of the planning commission as a resubmission of itsoriginal recommendation. The board of county commissioners, after receiptof the new or original recommendation of the planning commission on thereturned amendment, extension or addition or part thereof, shall reconsidersuch matter and thereafter, by resolution, may adopt, in whole or in part,or may revise or amend and adopt such amendment, extension or addition, ormay take no further action thereon, as it deems appropriate. If the boardof county commissioners initiated such proposed amendment, extension oraddition, the board of county commissioners need not return the same to theplanning commission if it disapproves of the planning commission'srecommendation but may take such action as it deems appropriate afterreceiving the planning commission's recommendation on the amendment,extension or addition.

      History:   L. 1984, ch. 96, § 3;L. 1997, ch. 72, § 1; July 1.