A. The approval of the preliminary plat will be in force for not more than three (3) calendar years, but not less than one calendar year.
B. An extension of the approval period for no more than two (2) calendar years may be granted by the city council provided the written request is made at least sixty (60) days prior to its expiration with the accompanying fee. After this extension, the subdivider may request additional time provided the written request is made at least sixty (60) days prior to expiration but overall completion may be no longer than ten (10) years for a non phased preliminary plat.
1. If a subdivision is part of an approved planned unit development (PUD) which contains a specific phasing plan complete with timelines, such phasing plan will be binding unless amended according to subsection 12-3-6C of this chapter.
2. A preliminary plat with a phasing plan must, upon final plat approval of the first phase, submit final plats for each successive phase within two (2) years of the previous final plat approval. Failure to meet this time frame will cause the preliminary plat to expire. A two (2) year extension for a phase of the subdivision may be requested by the subdivider. After this extension, the subdivider may request additional time, but overall completion time may be no longer than twenty (20) years.
C. A written request for an extension must include:
1. The duration of the requested extension.
2. Progress to date in completing the subdivision.
3. Circumstances governing the timing of final plat review which changed beyond the control of the subdivider. List all the circumstances and state how the new deadline can be met.
4. Whether conditions of approval and mitigation for impacts of the subdivision identified during the preliminary plat review and findings of fact remain relevant, adequate and applicable to the present circumstances of the subdivision and community.
D. City Council Decision: Upon submittal of an extension request, the council will review the written request and staff recommendation:
1. The first extension request is reviewed by the council under the consent agenda.
2. A subsequent request is reviewed by the council at a public hearing. Staff must place a legal notice in the paper fifteen (15) days prior to the hearing and notice adjacent landowners according to the noticing requirements outlined in these regulations. After the public hearing, the council must find that conditions are unchanged, and applicant has shown a good faith effort in completion of the subdivision.
3. The city council may not impose any additional conditions of approval. (Ord. 11-12, 7-18-2011; amd. Ord. 12-13, 12-3-2012; Ord. 21-15, 9-20-2021)