§ 25-5-62. EXTENSION OF RELEASED SITE PLAN BY DIRECTOR.

(A)

An applicant may request that the director extend a site plan by filing an extension request with the director before the site plan expires.

(B)

The director shall give notice under Section 25-1-133(A) (Notice Of Applications And Administrative Decisions) of a request for an extension under this section.

(C)

The director may extend the expiration date of a released administrative site plan one time for a period of one year if the director determines that there is good cause for the requested extension; and

(1)

the director determines that:

(a)

the site plan substantially complies with the requirements that apply to a new application for site plan approval;

(b)

the applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed;

(c)

the applicant constructed at least one structure shown on the original site plan that is suitable for permanent occupancy; or

(d)

the applicant has constructed a significant portion of the infrastructure required for development of the original site plan; and

(2)

the director determines that:

(a)

if a traffic impact analysis was submitted with the application for site plan approval:

(i)

the assumptions and conclusions of the traffic impact analysis are valid; or

(ii)

if the assumptions and conclusions are not valid, the applicant has submitted an addendum to the traffic impact analysis that demonstrates that traffic impacts will be adequately mitigated; or

(b)

if a traffic impact analysis was not submitted with the application for site plan approval, the applicant demonstrates that traffic impacts will be adequately mitigated.

(D)

If a site plan is associated with a project that has expired for purposes of vested rights under Chapter 25-1, Article 12, Division 3 ( Expirations ), the director may extend the expiration date of the site plan one time for a period of one year under the requirements of this subsection.

(1)

If the site plan substantially complies with the requirements that would apply to a new application, the director may grant an extension if the criteria in Subsection (C) of this section are satisfied.

(2)

If the site plan does not substantially comply with the requirements that would apply to a new application, the director may grant an extension if the there is good cause for the requested extension and:

(a)

the applicant filed the original application for site plan approval with the good faith expectation that the site plan would be constructed; and

(b)

the requirements for a traffic impact analysis under Subsection (C)(2) of this section have been met; and

(c)

one of the following requirements is met:

(i)

the applicant constructed at least one structure shown on the original site plan that is suitable for permanent occupancy; or

(ii)

the applicant has constructed a significant portion of the infrastructure required for development of the original site plan.

(E)

An interested party may appeal the director's decision under this section to the Land Use Commission. An interested party may appeal the Land Use Commission's decision on an appeal under this section to the council.

Source: Section 13-1-612; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20140612-084, Pt. 8, 6-23-14 .