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FAQ's regarding State Tolling Bill SB 958
1. How does SB 958 apply to each phase of the subdivision review process? How does it apply to site development plans?
Any phase of the subdivision review process that contains an approval deadline is tolled since failure to meet such a deadline impacts final subdivision approval. Likewise, site development plan approvals are also tolled.
2. How does SB 958 apply to vesting of APF?
Once APF has vested, the approval is tolled until June 30, 2010. Any other result could void a subsequent approval and would violate the State law.
3. Are approvals of special exceptions and variances tolled?
Once a special exception or variance is approved, the approval is tolled. The decision-making process on an application used by the Administrative Hearing Officer or Board of Appeals is not impacted by this legislation.
4. When does the clock restart on tolled projects?
The clock on a tolled project stops on January 1, 2008 and resumes on June 30, 2010. Any time that has elapsed prior to January 1 is credited to the project and the remaining time is added on after June 30. A project for which no time has elapsed (started between January 1, 2008 and June 30, 2010) is entitled to add the full completion or approval period after June 30.
5. Does SB 958 have any bearing on the Mayo Moratorium?
Because the Mayo Moratorium is based on public health and safety concerns, subdivisions can be exempted from the tolling provisions if that is the choice of the Office of Planning and Zoning and any other impacted County agencies. Building permits, including those in Mayo, are tolled.
6. Does SB 958 apply to grading permits?
SB 958 does not toll grading permits.
7. Does SB 958 apply to trade permits?
SB 958 tolls trade permits but does not apply to trade licenses.
8. How does SB 958 impact the 6-month time period for execution of PWAs?
Because the requirement for filing a PWA results in the loss of subdivision approval, it is tolled.
9. Would start and completion period for PWAs be affected?
A signed PWA is a contract and is not subject to the tolling provisions.
10. Is the two year time frame in the "Notice to Title Examiner" under the old code tolled?
No, if the plat is already signed.
11. Are allocation fees tolled?
No. Contact Leslie Campbell in the Department of Public Works for specific payment issues.