(A) Regulations not abating. These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the Board of County Commissioners under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any right obtained by any person, firm or corporation, by lawful action of the Board of County Commissioners, except as shall be expressly provided for in these regulations.
(B) Approval under prior ordinances.
(1) Primary approval. Any proposed subdivision of land for which a “complete application” seeking primary plat approval and the filing fee has been submitted and accepted by the Plan Commission staff, prior to the date of enactment of these regulations, may be considered under the provisions of the previous subdivision control regulations. If the primary plat application does not receive approval, any future applications must be considered under the provisions of the subdivision control regulations in effect at the time the new application is made.
(2) Secondary approval. Any proposed subdivision of land for which a “complete application” seeking secondary plat approval and the filing fee has been submitted and accepted by the Plan Commission staff, prior to the date of enactment of these regulations, may be considered under the provisions of the previous subdivision control regulations. If the secondary plat application does not receive approval, any future applications must be considered under the provisions of the subdivision control regulations in effect at the time the new application is made. Any proposed or actual subdivision of land having been granted primary approval by the Plan Commission under the previous Subdivision Control Ordinance is valid only if that primary approval was granted before March 2, 2011, unless the Plan Commission grants an extension under § 157.069(C), Extension of Primary Approval. If the primary approval includes development in phases, secondary approval for one entire phase, including all sections within said phase, shall automatically continue approval for the remaining phases to the same expiration date not to exceed eight years unless the Plan Commission grants an extension under § 157.069(C), Extensions of Primary Approval.
(3) Recording. Any subdivision, having been granted secondary approval under the previous subdivision control regulations prior to the effective date of these regulations, and subsequently having completed the requirements for recording under the previous subdivision control regulations, may be signed by the designated officials as having been granted secondary approval and shall be permitted to record the secondary plat. Any proposed or actual subdivision of land having been granted secondary approval by the Plan Commission under the previous subdivision control regulations must be recorded within two years of secondary approval, or the secondary approval shall be considered null and void, unless an extension is granted by the Plan Commission.
(4) Violations of repealed ordinance. Any division of land prior to the enactment of these regulations, and subsequent to, the Subdivision Control Act adopted on June 16, 1958 and amended August 17,1994, which division or act was in violation of the ordinances repealed by these regulations, shall be subject to all remedies, penalties and defenses under this chapter.
(Ord. 2009-67, passed 3-2-2009; Ord. PC 2016-20, passed 7-18-2016)