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24 <br /> Proposed Policy for Implementing Amendments <br /> ("Grandfathering" Affected Subdivision Applications) <br /> The policy for determining which in-process applications are affected by the proposed <br /> amendments can be as strict as requiring compliance with the amendments for all subdivisions <br /> that have not yet received preliminary plat approval from the Board of Commissioners (for <br /> major subdivisions) or the applicant has not yet submitted a final plat for recordation that <br /> incorporates all conditions placed on approval of a minor subdivision. Because of the different <br /> procedures and time frames for approving minor and major subdivisions, staff recommends <br /> different policy for dealing with each type of subdivision. <br /> Major Subdivisions <br /> Staff recommends that compliance with the amendments be mandatory for all major <br /> subdivisions in which private roads are proposed that have not yet received preliminary <br /> plat approval by the Board of Commissioners. This recommendation is based on policy <br /> that approval of a preliminary plat by the governing body establishes a vested right to develop <br /> accordingly. The proposed amendments do not affect any in-process major subdivisions <br /> (there are no in-process concept plans nor preliminary plats for a major subdivision in which <br /> private roads are proposed). All applicants proposing a major subdivision with private roads <br /> will be advised of the proposed amendments at the concept plan stage. <br /> Minor Subdivisions <br /> For in-process minor subdivision applications, staff recommends a policy based on "options" <br /> 1b, 1c, Id and 2a in the tables on the following pages. The tables exhibit strategies for <br /> determining whether a current application for development in which a private road is proposed <br /> must comply with the proposed amendments to the Orange County Subdivision Regulations. <br /> Using this policy, <br /> • in-process applications would not be required to comply with the proposed <br /> amendments provided those applications were approved prior to June 6, 2000; (first <br /> possible date for adoption of the. amendments by the BOCC) and the final plat complying <br /> with all conditions of approval is submitted for recordation within one year of the conditional <br /> approval letter issued by staff, with the exception that <br /> • a new application must be submitted for minor subdivision applications <br /> conditionally approved prior to September 5, 1999, for which a final plat complying <br /> with conditions for approval has not yet been submitted. Any such new applications <br /> must comply with the amendments. <br /> This policy is based on the shorter time frame in which minor subdivisions can be approved <br /> with consideration to the following observations. Although staff apprised applicants of the <br /> proposed amendments, staff was unclear about when the county could,require compliance <br /> with regulations that had not yet been adopted, and several minor subdivision applications <br /> were conditionally approved with current (`bid") regulatory provisions after the public hearing. <br /> Therefore, staff recommends the first possible date the amendments could have been adopted <br /> (June 6, 2000) as a "fair" cut off date of conditional approval provided the final plats are <br /> submitted in a timely manner. Regulatory provisions for major subdivisions limit the effective <br /> time period of an approved preliminary plat to one year. Similarly, staff recommends that the <br />