§ 194.128  EXPIRATION OF APPROVED DEVELOPMENT PLANS AND DEVELOPMENT PLAN WITH COMMITMENTS.
   (A)   Development plan approvals granted by the Plan Commission, including approvals receiving modifications and amendments, shall be valid for three years from the date of said approval. If development of the project has not materially progressed and begun before the end of said three-year period, the approval expires and a new development plan application must be submitted; provided, however, that, the applicant (or party which has been assigned the property being the subject of approval) may appear at a Plan Commission meeting, as a matter of “other business”, prior to said expiration date and request consideration of an extension of time before such development plan approval expires, in which event any extension of the Plan Commission grants shall not extend beyond a date which is more than seven years after the date of the most recent development plan approval, including approval of any modification or amendment thereto.
   (B)   If the recording of commitments is required in connection with approval of a development plan, including approvals receiving modification and amendments, said approval shall automatically be conditional and shall not become final unless the required commitments are finalized in a manner satisfactory to the Plan Commission. The failure to finalize commitments does not operate to extend the three-year expiration period - which begins on the date of approval and/or conditional approval. Finalized means satisfying the following steps:
      (1)   Submitting for staff approval;
      (2)   Gaining approval;
      (3)   Recordation of the approval.
(Ord. 2015-14, passed 3-2-2015; Ord. 2020-01, passed 1-6-2020)