§ 30-3-43. ACTION ON WAIVER.

(A)

Not later than the 90th day after the certification under Section 30-3-42 (Notice Of Waiver Request), the county executive, or in a near-term annexation area the city manager, shall determine whether the city or county, as applicable, is able to acquire the reserved right-of-way that is the subject of a waiver request.

(B)

If the city or county is not able acquire the property single office shall:

(1)

release the application from the requirement to comply with the requirements of this article; or

(2)

if no application has been filed, grant the waiver request for the period of time that the city or county, as applicable, is unable to acquire the reserved right-of-way.

(C)

If the city or county is able acquire the reserved right-of-way, the single office shall deny the waiver. The single office may not approve the development application for a period not to exceed six months, pending acquisition of the property. If the city or county has not acquired the property during the six month period, the single office shall continue to process the application.

Source: City Code Section 25-6-83; County Code Section 82.202(f)(4)(B); Ord. 031211-11; Ord. 031211-42; Ord. 20060504-039; Ord. 20120524-130.