(A) The legislative body's approval of the preliminary PUD plan shall be valid for two years after the date the legislative body adopts the PUD ordinance. Within this two-year period, the PUD shall receive approval of the final detailed PUD plan for the first section or the entire development. Should the planned development not receive approval of the detailed PUD plan for at least one section or the entire development within the two years, the legislative body, Commission or property owner may initiate a rezoning of the property. The Commission may extend the approval period, not to exceed five successive periods of no more than two years each. The approval of the detailed PUD plan for each section of the preliminary PUD plan shall extend the approval length of the preliminary PUD plan for two years.
(B) Commission approval of a detailed PUD plan shall expire if the plan is not recorded within six months after the approval date. Commission approval of a detailed PUD plan shall expire after a period of five years from the approval of a detailed PUD unless the development in any phase has been substantially begun and pursued with due diligence. The Commission may grant extensions of time not to exceed five successive periods of no more than two years each. If the detailed PUD plan expires as provided in this section, the Commission may require the plan to be resubmitted for approval, and it shall conduct a secondary review as if the plan were a new filing. Alternatively, the Commission may opt to initiate a rezoning of the property to a classification other than PUD.
(C) A development approved under this chapter shall be deemed to be abandoned or discontinued if it has expired under division (B) above or when no improvements have been made pursuant to the detailed PUD plan for a period of 24 consecutive months. When a PUD has been abandoned or discontinued, the detailed PUD plan shall no longer be valid, and no development shall be permitted until the plan is re-approved, and/or the property is rezoned.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)