Purpose.
The intent of the SLDC is to provide, through this Section, a process to resolve any claims that the application of the SLDC constitutes an unconstitutional regulatory taking of property. This Section is not intended to provide relief related to regulations or actions promulgated or undertaken by agencies other than the County. The provisions of this Section are not intended to, and do not, create a judicial cause of action.
Application.
In order to evaluate whether, and if so, the extent to which, application of the SLDC unconstitutionally creates a regulatory taking without just compensation, or other constitutional deprivation, an applicant, once denied development approval or granted conditional development approval, or as otherwise provided in
§ 7.1631, may apply to the Administrator for a beneficial use and value determination, the application for which shall describe:
1. The extent of diminution of use and value with respect to the entirety of the owner’s, or lessee’s real property interests in common ownership;
2. The distinct and reasonable investment backed expectations of the owner, lessee, or predecessors in interest, in common ownership;
3. The availability of cluster development, phased development, tax incentives, or transfers of development rights;
4. Any variance or relief necessary or available to relieve any unconstitutional hardship or regulatory taking created;
5. Any perceived claim that the SLDC, on its face or as applied, results in a failure to advance legitimate state interests, or otherwise deny procedural or substantive due process, or equal protection of the laws.
Timing.
Except for an application filed pursuant to Section 7.16.3.1, an application for a BUD shall be within twelve (12) months subsequent to a final development order denying or conditionally approving an application for development approval. The application shall be filed with the Administrator together with the application and administrative fees payment as established by the Board.
Actions by the Administrator on a BUD application.
The Administrator shall determine if the BUD Application is complete and includes all required materials and information. In determining completeness the Administrator shall follow the process set forth in
§ 4.4.6.
1. If the Administrator determines the application is not complete, a written notice shall be mailed to the owner/applicant specifying the application’s deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the owner/applicant fails to correct the deficiencies within thirty (30) calendar days the application shall be considered withdrawn.
2. When the application is determined to be complete, the Administrator shall notify the owner/applicant in writing and, within thirty (30) calendar days, forward the application to the Hearing Officer and set a quasi-judicial public hearing date on the application. The Administrator shall provide notice of the Hearing Officer’s public hearing pursuant to the notice requirements in
§ 4.6: NOTICE.
Actions by the Hearing Officer.
1. Establishment of date for hearing and notice.
The Hearing Officer shall schedule and hold a hearing on a BUD application within sixty (60) calendar days of receipt of the complete application from the Administrator.
2. Hearing.
The public hearing shall be conducted as a quasi-judicial hearing as set forth in Section 4.7.2. At the hearing, the owner or lessee or the owner’s or lessee’s representative shall present the owner’s or lessee’s case and the County Attorney or County Attorney’s representative shall present the County’s case. The Hearing Officer may accept briefs, evidence, reports, or proposed recommendations from the parties.
3. Intervention.
Any following parties shall be entitled to intervene in the proceedings provided:
a. the intervener shall be an organization or association registered to receive notice under this Ordinance;
b. any public or governmental agency; and
c. any owner of land within five hundred (500) feet of the site perimeter, or any person aggrieved or with standing to intervene.
4. Findings.
Within sixty (60) calendar days of the close of the hearing, the Hearing Officer shall prepare and transmit in writing to the Administrator, and parties, a recommended decision which shall include a summary of all the evidence, testimonial or documentary, submitted, rulings on objections to evidence, and a written recommendation to the Board regarding the relief to be granted.
5. Recommendations.
a. If the Hearing Officer’s recommendation is that relief is not appropriate, the recommendation shall specify the factual and legal basis for the recommendation, including whether the development requested for the site, taking into account all of the findings, constitutes an as applied public nuisance or creates adverse public nuisance effects or impacts, for which no relief can be recommended.
b. If the Hearing Officer’s recommendation is that some form of relief is appropriate, the recommendation shall recommend a form of relief and indicate the basis for the recommendation, including, as applicable:
i. Identification of the SLDC provision, SGMP or area plan policy, development order or other action that resulted in the recommendation for relief; and
ii. The date the SLDC provision, SGMP or area plan policy, or other final action of the County affected the property so as to necessitate relief.
c. The Hearing Officer’s recommendation is not binding on the Board.
