§ 30-2-102. 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 and the commissioners court both approve a later expiration date when they approve the plat;

(2)

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

(3)

the single office extends the expiration date under Subsection (B).

(B)

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

(1)

The single office may extend the expiration date of the plan once for a period of one year if the single office 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 applicant may appeal the single office's decision under this subsection to the land use commission and the commissioners court.

(3)

The single office shall give notice under Section 30-1-153(A) (Notice Of Public Hearing) of the land use commission's consideration of an appeal.

(4)

The land use commission and the commissioners court shall each conduct a public hearing on an appeal before taking action.

(5)

An appeal may be granted only by joint action of the land use commission and the commissioners court.

(C)

If the land use commission and the commissioners court approve different expiration dates, the earlier date controls.

Source: City Code Section 25-4-102; Ord. 031211-11; Ord. 031211-42.