§ 633-4. Procedures.

A. 

Duly filed notice by the Commissioners in writing to an approving authority that the County is in the process of acquiring land located on the Open Space Acquisition Map authorizes, but does not require, denial of any permit by an approving authority. Said notice shall be filed with the landowner and the Clerk of the County Legislature in addition to all approving authorities.

B. 

Said notice shall state that the acquisition process has been commenced. The Commissioner may only file said notice in the case of parcels shown on the Open Space Acquisition Map, provided that:

(1) 

The County Legislature has provided funds in the County's Capital Budget and Program or through other budgetary authorization; and

(2) 

An appraisal has been authorized.

C. 

If the landowner receives no offer based on a County appraisal for the property within four months subsequent to the issuance of the notice, the bar to the permit provided by this chapter shall lapse.

D. 

Nothing contained in this chapter shall be construed to bar the approving authority from denying an application at any time for any other reason that would constitute a valid basis for such denial.

E. 

The owner of any land located on the Open Space Acquisition Map may obtain a formal determination by the County Legislature as to whether the County intends to acquire such land by submitting a written request to the Clerk of the Legislature. Said determination shall be made prior to any request for an action by an approving authority. The Clerk shall immediately advise the Legislature of the request for said determination and the Legislature shall have 120 days from receipt of the written request by the Clerk to authorize the acquisition of the land by the Commissioner.

(1) 

If the Legislature fails to act within 120 days, the approving authority shall thereafter review a subsequent application as it would if the application were not subject to this chapter, provided that said application is submitted within eight months subsequent to the Legislature's failure to act.

(2) 

Nothing contained in this chapter shall be construed to limit the power of the County Legislature or the County at any time to acquire said land.

F. 

The Commissioner shall immediately notify the owner of any land located on the Open Space Acquisition Map in the event that the acquisition process is reversed or terminated by the elimination of any funding authorization or the cancellation of authorization for an appraisal. In such an event, the approving authority shall thereafter review a subsequent or renewed application as it would if the application were not subject to this chapter, provided that said application is received or submitted within eight months subsequent to such a reversal or termination.