§ 122-44. Time limitations on site plan approval.

(a)

Time limit. All site development plan approvals shall terminate and become null and void automatically without notice if actual construction has not commenced within 12 months from the date of approval.

(b)

Extensions of approval. All requests for extensions must be in writing and must be submitted to the city manager or designee prior to the expiration of the site development plan.

(1)

Where initial development construction has commenced pursuant to the development order, and development is continuously proceeding, the city council may grant one or more extensions not to exceed two years.

(2)

Where an extension is desired but no construction has been initiated, the request for extension shall be reviewed and considered by the same process as the original approval, with special consideration to:

a.

The effects any delay in proposed project construction and completion has on the concurrency management system.

b.

The impacts of having any new and existing regulations applied to the project.

c.

Changes in surrounding land use, development, or other conditions that may require modification of the plans to meet the requirements of this land development code.

(3)

The city council may attach conditions to a site development plan extension approval that furthers the intent and purpose of any comprehensive plan policies or land development regulations.

(LDC 1997, ch. 6, § 1.12; Ord. No. 2006-17, § 8, 4-25-2006; Ord. No 2016-02 , § 1, 5-3-2016)

Note— Former § 122-43. See editor's note § 122-41.