A. Preliminary plat approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for public improvements.
B. It is presumed that the basic conditions under which approval of the preliminary plat is granted will not be changed prior to its expiration date.
C. Approval of the preliminary plat is valid for the period not to exceed two years unless unusual circumstances are associated with the development.
D. The applicant may request an extension of time of the preliminary plat approval. In order to receive consideration for a request for an extension of time, the applicant or his/her designated representative shall submit a written request to the Director addressing the criteria listed in § 13.12.090(F).
E. If at the expiration of the established period of time, the property has not been improved for the use for which it was approved, the Director, after notification by certified mail to the owner and applicant who requested the preliminary plat, shall take action to extend, remove, or take action to cause the preliminary plat approval to be considered null and void.
F. The criteria listed below shall be used to evaluate the property that has not been improved for the use for which it was conditionally approved.
1. The number of previous requests for an extension of time.
2. The progressive submission of additional required information to the Department or other relevant agencies, within the year prior to the request for additional time and documentation of the same. Further, the submittals shall not be more than one year apart.
3. Demonstrative progress towards achievement of goals necessary to complete the project, such as engineering, grading, installation of utilities or other infrastructure. Market studies and surveys are not included in these criteria.
G. The Department shall evaluate the property for compliance with the current general plan. If the property is no longer in compliance with such plan, compliance shall be required prior to the approval of any future submittals necessary to move the use forward.
(Prior Code, § 12-2-3(6)) (Ord. 24-1324, passed 2-27-2024; Ord. 08-913, passed 3-11-2008)