A. Vesting:
1. Process. A completed Land Use Application shall be entitled to substantive review and process under the Land Use Regulations in effect at the time the application is complete. A Completed Application requires that all information necessary for a final decision has been provided to the Land Use Authority and all fees have been paid.
2. Uses and Density. A Land Use Application shall not be considered formally approved or vested in that approval until the Land Use Authority has approved the final site plan, final Construction Drawings, or Final Plat
B. Expiration: Recognizing that the length of the planning, building, and engineering review process will vary with the size and complexity of each proposal, applicants must move their applications either to approval or denial in a reasonably expeditious manner. The city may formally close applications which remain inactive for one (1) year or longer due to acts or omissions of the applicant.
1. An application is deemed inactive and subject to closure based on inactivity if, through the act or omission of the applicant and not the city, one of the following occurs:
a. More than one (1) year has passed since the last substantive contact between staff and the applicant. Sporadic non-substantive contact shall not be sufficient to move an application forward or prevent closure.
b. More than one (1) year has passed since a request for additional information was made by staff, which request has:
(1) Not been complied with; or
(2) Was incomplete or insufficient.
c. The applicant is more than thirty (30) days in default of the payment of any fee assessed or required by ordinance.
d. The applicant has informed the city of intent to abandon the application.
2. When the designated planning, building, or engineering staff member determines an application is inactive, the application file may be closed.
a. No application may be closed based on inaction without giving thirty (30) calendar days’ written notice to the applicant. Written notice may be delivered in person, by mail or by email. Such notice must state the intent of the respective department to have the Project closed because of inaction and what the applicant must submit in a timely manner to maintain an active file.
b. Applicants who fail to provide a full and complete response shall not prevent closure if the requested information or submissions are insufficient, untimely, or incomplete. (Ord. 2023-05 § 1)