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(a) Initiation Date. For a project plan, the Initiation Date for commencing the period during which time a plan must be validated, is the later of:
(1) 30 days from the date of mailing of the written opinion, as such date is printed on the opinion; or
(2) in the event an administrative appeal is timely noted by any party authorized to take an appeal, the date upon which the court having final jurisdiction acts, including the running of any further applicable appeal periods.
(b) Validity period.
(1) An approved project plan will remain valid for up to 24 months from the initiation date, provided applicant has filed a complete site plan application, as determined by the Planning Board staff within 18 months of the initiation date; and, in the absence of governmental delay, received site plan approval within 6 months of the assigned complete application date. The timely approval of a site plan validates a project plan.
(2) The validity period for a project plan that contains land or building space for an arts or entertainment use approved under Section 59-C-6.2356 is governed by Section 50-34(h).
(c) Extension of Validity Period. A request to extend the validity period of an approved project plan must be submitted in writing and received by the staff of the Planning Board prior to the previously established validity period expiration. The written submission must specify in detail all grounds and reasons proposed by the applicant to support the extension request and include a declaration that states the anticipated date for validating the plan, which applicant warrants is the minimum additional time required for validation.
Failure to submit a detailed, written request in a timely fashion voids the project plan approval and requires the submission and approval of a new plan by the Planning Board.
(d) Once construction has begun on any building in an approved project plan, all provisions pertaining to such plan become immediately operative.
(Legislative History: Ord. No. 9-26, § 1; Ord. No. 12-59, §§ 2, 4; Ord. No. 16-25, § 3.)
Editor's note-For site plans and project plans approved prior to July 18, 1994, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.