§ 34-74. Amendment to preliminary subdivision plan.

(a)

Submittal and review of request. A request for an amendment to an approved PSP shall be submitted and reviewed in accordance with the provisions of sections 34-67, 34-68 and 34-69.

(b)

The DRC shall determine whether the amendment is a substantial or nonsubstantial amendment to the PSP based upon the scope, nature, density/intensity and location of the amendment within the PSP.

(1)

A nonsubstantial amendment shall be reviewed and approved by the DRC.

(2)

A substantial amendment shall be processed, noticed and scheduled for hearing in accordance with the provisions of sections 34-68 and 34-69.

(c)

If an applicant contests the DRC determination that a proposed amendment is a substantial change, the amendment shall be processed as a substantial amendment as set forth in subsection (b)(2) above; however, the applicant may present evidence at the public hearing as to why the amendment should be considered nonsubstantial.

(d)

At the conclusion of the hearing on a substantial amendment, the board of county commissioners shall approve, approve with conditions or disapprove the amendment to the PSP. In disapproving the amendment to the PSP, the board of county commissioners shall provide reasons for such action. In those situations when the applicant has contested the DRC finding that an amendment is substantial, the board of county commissioners shall also make a finding based on the evidence presented at the hearing whether the proposed amendment is substantial or nonsubstantial.

(Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 2000-14, § 1, 6-27-00)