§ 12.02.07. Required and optional contents of preliminary development orders.

(a)

Required contents. A preliminary development order shall contain the following:

(1)

An approved preliminary development plan (may be subject to conditions and modifications) with findings and conclusions.

(2)

A listing of conditions that must be met, and modifications to the preliminary development plan that must be made, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.

(3)

A listing of federal, state, county and regional permits that must be obtained in order for a final development order to be issued.

(4)

With regard to the concurrency management requirements in article IV of this Land Development Code:

a.

The initial determination of concurrency.

b.

The time period for which the preliminary development order is valid. This initial determination indicates that capacity is expected to be available for the proposed project, provided that a complete application for a final development order is submitted prior to the expiration date of the preliminary development order.

c.

Notice that the preliminary development order does not constitute a final development order and that one or more concurrency determinations may subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a final development order.

d.

Notice that issuance of a preliminary development order is not binding with regard to decisions to approve or deny a final development order, and that it does not constitute a binding commitment for capacity of a facility or service.

(b)

Optional contents. A preliminary development order may include one or more of the following as conditions of approval:

(1)

Agreement by the developer in a recordable written instrument running with the land that no final development order will be requested or approved unless the necessary facilities are programmed for construction within specified time periods.

(2)

Commitment by the developer in a recordable written instrument to contract for provision of the necessary services or facilities to achieve the concurrency requirement.

(3)

Schedule of construction phasing of the proposed development consistent with the anticipated availability of one or more services or facilities.

(4)

Such other conditions as may be required by the development review board to ensure that concurrency will be met for all applicable facilities and services.

(Ord. No. 91-6, § 3(12.02.08), 2-11-1992)