Sec. 59-D-3.8. Validity.

   (a)   The period during which a site plan is effective starts on the later of:

      (1)   30 days after the Planning Board Chair or a designee mails the Board resolution approving the plan to the applicant and other parties of record; or

      (2)   if an administrative appeal is timely noted by any party who has standing to appeal, the date when the court having final jurisdiction acts, including the running of any further applicable appeal period.

   (b)   The effective period of a certified site plan depends on the expiration date of the underlying approved preliminary plan.  The site plan takes effect when the final record plat is recorded for all of the property covered by the approved preliminary plan.  Where phasing of development is required, each phase takes effect as provided in the preliminary plan.  The effective period for a site plan that includes land or building space for an arts or entertainment use approved under Section 59-C-62356 is governed by Section 50-20(c)(3)D.  After the record plat is recorded, the certified site plan does not expire or require amendment before a building permit is issued unless:

      (1)   the project’s determination of adequate public facilities made under Section 50-35(d) expires; or

      (2)   changes to the applicable zoning map, zoning text, or other applicable laws or regulations require the certified site plan to be modified.

This subsection does not preclude an applicant from seeking an amendment to a certified site plan to address minor changes to the applicable zoning map, zoning text, or other applicable laws or regulations.  In that case, the certified site plan remains in effect.

   (c)   If a preliminary subdivision plan is extended, then the certified site plan must remain in effect as long as the preliminary plan remains in effect.

(Legislative History: Ord. No. 9-39, § 1; Ord. No. 12-59, §§ 3, 4; Ord. No. 15-63, § 3; Ord. No. 16-25, § 4.)

   Editor’s note—Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006. Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.

   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.