EAR-BASED AMENDMENT FORUM. September 20062 PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

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Presentation transcript:

EAR-BASED AMENDMENT FORUM

September PROCESS AND PROCEDURES From Preparation of an Amendment to a Finding of “In Compliance”

September Finding your way through the laws, rules, and procedures may leave you feeling lost.

September STEP-BY-STEP  Preparing the amendment  Workshops for citizen input  Hearings for transmittal to DCA  Request PPC action regarding Future Land Use  DCA review – ORC report  Revisions to the amendment  Hearings to adopt the amendment  DCA review for compliance

September Start with a work program & timeline JANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDEC On time! Data Report Task Workshop Line 5 Line 6 Line 7 Line 8

September DRAFT AMENDMENT DATA & ANALYSIS WORKSHOP ON FINDINGS MORE DATA & ANALYSIS WORKSHOPS More complex amendments need more workshops during the development step

September The proposed amendment  “Proposed” until it is adopted and found in compliance by DCA  Procedures for transmitting the proposed amendment  LPA public hearing  Governing body public hearing

September The process may seem confusing and may be overwhelming to those who seldom amend their plans.

September 20069

10 Transmittal hearings  Draft amendment may be revised after workshops  Result is the “proposed” amendment to be transmitted to DCA  Authorizes request to PPC for amendment of countywide plan  May be 1 st reading of the adoption ordinance PROPOSED AMENDMEN T PROPOSED AMENDMEN T

September ELECTED BODY PUBLIC HEARING NOTICE LPA PUBLIC HEARING NOTICE

September Action by PPC  Local government determines if amendment of countywide Future Land Use Plan is required  Local government requests PPC consideration and action on proposed plan amendment affecting future land use

September Review by DCA COMPLETE PROPOSED AMENDMEN T COMPLETE PROPOSED AMENDMEN T REVIEW BY AGENCIES Objections, Recommendations, and Comments ORC REPORT ORC REPORT

September Responding to the ORC report  Up to 120 days to adopt the proposed amendment  Prepare revisions to address objections and recommendations  Consider comments  Hold additional workshops, if desired  Meet with DCA to discuss ORC

September (REVISED) PLAN AMENDMENT (REVISED) PLAN AMENDMENT ORC REPORT

September

September Adoption hearings  Present to LPA, if desired  Adoption by the elected body  Provide notice  Adopt by ordinance  2 nd reading – if 1 st reading at transmittal – otherwise two readings  Transmit the adopted amendment to DCA for compliance review

September ONE OR TWO HEARINGS ELECTED BODY NOTICE OPTIONAL ADDITIONAL LPA MEETING

September Compliance review by DCA  Advise DCA if amendment is revised  DCA determines if amendment is “in compliance”  DCA issues a “notice of intent” as to compliance finding

September NEXT STEPS  Other procedural issues  “Not in compliance”  Compliance agreements  Challenges of the compliance finding  Administrative hearings  Additional training  Thursday, September 14  Two classes on procedures and legal issues

September QUESTIONS&ANSWERS