§ 25-4-102. EXPIRATION OF SUBDIVISION CONSTRUCTION PLAN.

(A)

A subdivision construction plan expires three years after the date of its approval unless:

(1)

the Land Use Commission sets a later expiration date when it approves the plat;

(2)

before the plan expires, site work is commenced and diligently pursued to completion; or

(3)

the director extends the expiration date under Subsection (B).

(B)

An applicant may request that the director extend the expiration date of a subdivision construction plan by filing a written request and justification with the director before the expiration date.

(1)

The director may extend the expiration date of the plan once for a period of one year if the director determines:

(a)

there is good cause for the extension;

(b)

there has not been a significant change in development conditions affecting the plan; and

(c)

the plan continues to comply with the criteria for its approval and release.

(2)

An interested party may appeal the director's decision under this subsection to the Land Use Commission.

(3)

The director shall give notice under Section 25-1-132(A) (Notice Of Public Hearing) of the Land Use Commission's consideration of an appeal.

(4)

The Land Use Commission shall conduct a public hearing on an appeal before taking action.

(5)

An interested party may appeal the Land Use Commission's decision under this subsection to the council.

Source: Section 13-1-495; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.