(A) All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all of said area.
(B) Approval of the preliminary development plan by the Board of Trustees is merely an authorization to proceed with the preparation of the final development plan.
(C) Approval of the preliminary development plan shall be valid for a period of two years from the date of Board of Trustees approval. If an application for final plan approval for all or a geographic portion of the preliminary plan has not been filed within the two year period, then a resubmission of the preliminary development plan shall be required if the applicant intends to pursue final plan approval. The Board of Trustees, upon recommendation from the Plan Commission, may grant up to a one year extension, from the date that the period of validity expired. The Board of Trustees may reject such resubmission of the same development plan in light of new facts and circumstances relating to the development plan.
(D) In no case shall a building permit be issued prior to final development plan approval.
(E) At such time the period of validity has expired, the resolution approving preliminary development plan shall become null and void. In the event that the development plan involved rezoning all or a portion of the property comprising the development, the Board of Trustees may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of §§ 156.170 et seq.
(`92 Code, § 40-5-16) (Ord. 00-11, passed 7-5-00)