Sec. 59-D-5.7. Duration of validity period and actions required to validate the plan.

   (a) Initiation Date. For a combined urban renewal project plan, the Initiation Date for starting the period during which a plan must be validated, is the later of:

      (1)   30 days after the written opinion is mailed, as that date is printed on the opinion; or

      (2)   if an administrative appeal is timely noted by any party authorized to take an appeal, the date when the court having final jurisdiction acts, including any further applicable appeal periods.

   (b) The validity period of an approved combined urban renewal project plan is the same as an approved preliminary plan. The plan is validated when the final record plat for all of the property delineated on the approved preliminary plan is recorded. Where phasing of development is incorporated, the development phases must be validated in the same manner as the preliminary plan.

When the record plat is recorded, the approved plan does not expire or require amendment before the building permit is issued unless:

      (1)   the project's Adequate Public Facilities Ordinance approval expires; or

      (2)   changes to the applicable zoning map or zoning text or other applicable laws or regulations require a modification of the plan.

   (c)    Subsection (b) does not preclude an applicant from seeking an amendment to an approved combined urban renewal project plan to conform to minor changes to the applicable zoning map, zoning text or other applicable laws or regulations. If such an amendment is adopted, the approved plan must not be deemed to have expired.

   (d)    Extensions. If an extension is approved for an underlying preliminary plan, then the combined urban renewal project plan remains valid for the same time that the preliminary plan remains valid.

(Legislative History: Ord. No. 13-50, § 4.)