The James City County Board of Supervisors approved a new policy Tuesday that sets limits on how long legislative applications can be deferred.
In November last year, St. Bede asked to delay the Board’s review of its application for a large, controversial mausoleum indefinitely. Though the application was eventually pulled by the church, Board members decided it would be a good idea to look at creating a tighter policy on deferrals.
County Administrator Robert Middaugh explained at Tuesday’s Board meeting that the intent of the policy was “to establish a limit for deferrals so they didn’t go on forever.”
The new policy requires applications that have been reviewed by the Planning Commission go before the Board the following month. Applicants can request a one month deferral if approved by the county administrator based on established criteria, but the applicant will have to pay the county’s costs for re-advertising the meeting.
The administrator would only grant a deferral under the following conditions:
- The Planning Commission requests substantive changes to the application, supplemental materials, proffers, or conditions that must be addressed prior to the Board hearing.
- Substantive issues are raised by a County or external reviewing agency that must be addressed prior to the Board hearing.
- Delays have occurred with County or external reviewing agency comments that affect the case.
- Errors in legally required advertising are discovered and must be rectified.
- Adjacent property owner concerns have been expressed that generate the need for substantive changes or additional public meetings.
- The applicant demonstrates that there are extenuating circumstances that are unique to this specific application that require additional time.
An applicant will be able to request a deferral from the Board for up to three months along with up to two additional deferrals within a 12-month period from the date the application was placed on a Commission agenda for action.
The policy also ensures applications appear on a Board agenda, with an advertised public hearing, either as a request for deferral or consideration of approval, within a maximum of three months following action by the Commission.
The Board approved the new policy Tuesday 4-0; Supervisor Jim Kennedy was absent.
