(A) Expiration. Approval of a final detailed plan shall expire after a period of five years from the approval of the preliminary Plan, unless the development is 50% completed in terms of improvements including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the Plan Commission upon a recommendation by the Administrative Officer. Following expiration of a final detailed plan, the Town Council of the Advisory Plan Commission may declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.
(B) Abandonment. The planned unit development may be considered officially abandoned if, in the written opinion of the Administrative Officer, the development is incomplete and no, or minimal, construction activity has occurred for a period of five consecutive years. Any outstanding surety for the project may be utilized by the Town Council in any manner deemed appropriate and associated with the project.
(C) Extensions. An extension, not to exceed six months, for accomplishing any processes required by this subchapter, or for resuming construction activity in an abandoned development may be granted by the Plan Commission upon a written request from the petitioner. All requests for extensions must occur a minimum of 30 days prior to the applicable deadline.
(D) Plan Commission rezoning. The Plan Commission may initiate a rezoning for any property included in a planned unit development that has been abandoned or for which the final detailed plan approval has expired. Any rezoning by the Plan Commission shall meet all applicable requirements for the rezoning process provided by this chapter.
(Ord. 121410, passed 1-11-2011)