(A)
Unless
otherwise expressly provided in this GDC, an approved application
shall automatically expire two years (that is, 730 calendar days)
following the approval date of the development application. Upon expiration,
all activities under the development application shall be deemed in
violation of this GDC if:
(1)
The
applicant fails to satisfy any condition that was imposed by this
GDC or as part of the approval of the application or that was made
under the terms of any Development Agreement, within the time limits
established for satisfaction of such condition or term; or
(2)
The
applicant fails to submit a subsequent complete application required
by this GDC within the time so required.
(B)
Except as provided in Section 1.27 of this Chapter 1, or upon a different date being determined pursuant to a vested rights petition, an application approved prior to the effective date of this GDC shall expire in accordance with the terms of the regulations in effect at the time the application was filed.
(Ordinance 6773 adopted 5/19/15)
(A)
Notwithstanding any other provision of this GDC, for any approved application for which no expiration date was in effect on September 1, 2005, an expiration date two years (that is, 730 calendar days) following the date of approval of the development application shall apply, unless the applicant of the development application files a petition before such date for a vested rights determination pursuant to Chapter 5, Article 1, Division 5 of this GDC alleging that progress has been made toward completion of the project for which the application subject to expiration was filed. If a vested rights petition is timely filed, the City Council shall determine the expiration date of the development application in deciding the petition.
(B)
Notwithstanding any other provision of this GDC, once a development application has expired under Subsection (A) above, all previously approved applications for the same land shall also expire no later than five years (that is, 1,825 calendar days) following the date of submission of the first application for the project for which the expired application was filed, unless the applicant of such development application(s) files a petition before such date for a vested rights determination pursuant to Chapter 5, Article 1, Division 5 of this GDC. If a vested rights petition is timely filed, the City Council shall determine the expiration date of the previously approved development application(s) in deciding the petition.
(C)
Progress
toward completion of a project shall mean that any of the following
events have occurred within relevant time periods:
(1)
An
application for a Final Plat or plan has been filed with the City,
and remains in effect at the time the vested rights petition was filed;
(2)
A
good faith attempt is made to file an application with the City to
continue towards completion of the project;
(3)
Costs
have been incurred for developing the project, including without limitation,
costs associated with roadway, utility and other infrastructure facilities
designed to serve, in whole or in part, the project (but exclusive
of land acquisition) in the aggregate amount of at least five percent
of the most recent appraised market value of the real property on
which the project is located;
(4)
Financial
security is posted with the City to ensure performance of an obligation,
and remains in effect at the time the vested rights petition was filed;
or
(5)
Utility
connection fees or impact fees for the project have been paid, and
have not been refunded.
(Ordinance 6773 adopted 5/19/15)
(A)
Unless
a different time frame is expressly provided for a specific procedure
by this GDC, the responsible official or the board, commission or
the City Council that finally approved an application may grant an
initial extension of the time for expiration of the application for
a period not to exceed one year (that is, 365 calendar days) following
the date of the expiration of the application, provided that a request
for extension is made in writing at least forty-five calendar days
before the approved application expires. Every request for extension
shall include a statement of the reasons why the expiration date should
be extended. The decision-maker may grant a request for an initial
extension upon demonstration that circumstances beyond the control
of the applicant have resulted in an inability to perform the tasks
necessary to prevent the development application from expiring before
the expiration date.
(B)
A second extension of the expiration date of an officially filed, complete application may be granted for a period not to exceed one additional year (that is, 365 additional calendar days). The extension application must be made in writing and filed prior to expiration of the first time extension described in Subsection (A) above, and the second extension may be granted only by the City Council. In determining whether to grant a second extension request, the City Council shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development taking into consideration the detrimental effects, if any, the newly adopted regulations would have on the development or redevelopment.
(C)
In granting
an extension, the official or other decision-making body deciding
the request may impose such conditions as are needed to assure that
the land will be developed in a timely fashion and that the public
interest is served. In granting a subsequent extension request, the
City Council may require that one or more newly adopted development
standards be applied to the proposed development, with the consent
of the applicant. If the applicant withholds consent and other good
cause that may warrant an extension is not proven by the applicant,
the extension may be denied.
(Ordinance 6773 adopted 5/19/15)
The granting of an extension request for a development application
also extends any other related applications otherwise deemed expired.
The denial of an extension request results in the immediate lapse
of the development application and any other related applications
are deemed expired. Thereafter, the applicant shall file a new development
application before undertaking any activity originally authorized
by the lapsed application.
(Ordinance 6773 adopted 5/19/15)
