A. Conformance Required: Every subdivision shall conform to zoning and subdivision regulations applicable at the official submission date.
B. Effective Period Of Approval: The approval of a subdivision shall be effective for a period of one year from the date that the development agreement is approved unless a different time period is requested by the developer, in writing at the time of application, and agreed to by the city council in a development agreement. By the end of the time period, the developer must have submitted a plat for review and approval. If a plat is not submitted for final approval within the one year period, the subdivision approval shall be null and void, and the developer shall be required to submit a new application.
C. Extension: Prior to the expiration date of the effective period, the developer may request an extension, in writing, from the city engineer. The city engineer may grant an extension, not to exceed twelve (12) months, upon a showing of good cause by the developer. The city engineer shall render a decision to grant or not grant an extension within fifteen (15) days of the date of submittal to the city engineer. The developer may appeal the decision of the city engineer to the mayor.
D. Amendments: At any time after subdivision approval and before submission of a subdivision plat, the developer may request of the city engineer, in writing, that an amendment be made to the subdivision plan or to conditions of approval. If the proposed amendment is a minor change to the plan, the city engineer may grant the amendment in writing. If the amendment is major or involves a substantial change in the conditions of approval, the city engineer shall schedule a public hearing at least thirty (30) days after the receipt of the request. The planning and zoning commission shall hold a public hearing on the proposed amendment in accordance with the same requirements for a public hearing for subdivision approval.
E. Public Hearing For Major Amendments: A public hearing on a proposed major amendment shall be limited to whether the proposed amendment should or should not be approved. The planning and zoning commission may approve, approve with modifications, or disapprove any proposed major amendment and may make any modifications in the terms and conditions of subdivision approval reasonably related to the proposed amendment. The planning and zoning commission shall render a decision on the proposed amendment within thirty (30) days from the date of the public hearing or in such time as it may determine by motion approved by the planning and zoning commission. Any proposed changes to conditions shall be forwarded to the city council for review as would be the case for a new subdivision proposal. Any changes approved by the city council shall be included in an addendum to the development agreement for the project. (2003 Code § 12-03-07)