1164.12 CONSTRUCTION PROGRESS; LAPSE OF FINAL PLAN APPROVAL.
   The developer shall use due diligence to proceed with and complete the construction of the development area or any approved phase thereof. Failure by the developer to begin substantial above ground construction in accordance with the approved final plan of the development area or any approved phase thereof within one year after approval by the Planning Commission, or discontinuance of such construction for a period of one year, shall cause the approval of the final plan of the development area to lapse.
   For approved phased developments, failure by the developer to begin substantial above ground construction on a subsequent phase within three years after the substantial completion of construction on any earlier approved phase shall cause the approval of the final plan of the development area to lapse.
   The Planning Commission, for good cause shown, may extend any approval which would otherwise lapse under the provisions of this section for one or more successive periods not to exceed one year each.
   If a final development plan lapses under the provisions of this section, the Chairman of the Commission shall remove the planned residential development area notation from the Zone Plan or Map and shall send notice by certified mail of such action to the owner or developer. Failure of delivery of such mail notice shall not invalidate such proceedings. The zoning regulations applicable before the development was approved shall then be in effect.
(Ord. 2242. Passed 7-13-81.)