§ 44-894. Period of project completion and improvements.

(a)

An approved site plan shall remain valid for a period of one year from the date of approval. Projects requiring phased construction shall receive separate approvals for each phase prior to commencing construction. Each approval so granted shall be treated as an original approval date for purposes of computing the period of completion.

(b)

All improvements shall be completed within one year from the date of site plan approval. For purposes of this section, improvements shall be defined as those features and actions associated with a project that are considered necessary by the planning commission to protect natural resources or the health, safety, and welfare of the residents of the city and future users and inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project that is the subject of site plan approval. Any improvements not installed by that deadline shall be completed no later than July 1 of the following construction season.

(c)

The planning commission may, at its discretion, provide successive extensions of the required period of project completion beyond the one year granted under section 44-894(a). Such extensions are subject to the following requirements and conditions.

(1)

Time extensions shall only be granted by the planning commission upon a filing of just cause outside of the ordinary control of the owner and/or the developer. Such cause shall include, but not necessarily be limited to: unexpected delays in securing public agency approvals and permits; declining market demand; and, accidents produced by any force of nature which is irresistible such as lightning, fires, flooding, tornadoes, or earthquakes. In no instance, however, shall time extensions be granted by the planning commission for projects where no substantial physical construction work for the facilities needed for the use have begun (that is, prior to the establishment of vested interests) or owing solely to the economic hardship of the developer.

(2)

Period of extension granted by the planning commission shall be commensurate with the cause of action; however, no single extension granted by the planning commission shall exceed two years.

(3)

A request to extend a project completion deadline for cause shown shall be made in writing by the property owner prior to the projected project completion expiration date. This application shall include specific reason(s) believed to justify the time extension and detailed information on how and when the applicant/developer proposes to complete the project.

(4)

A complete application shall entitle the applicant to make a formal presentation to the planning commission and simultaneously extend the period of project completion until the date acted upon by the planning commission in accordance with section 44-894(c)(6) below.

(5)

The planning commission shall act upon a request to extend a project completion deadline within 90 days of receipt of a complete application. In consideration of such a request, the planning commission shall convene a public hearing.

(6)

The planning commission may approve, deny or conditionally approve a request to extend a project completion deadline. Any decision on such a request shall state the findings of fact and any conditions imposed thereon. All conditions imposed shall remain unchanged except upon the mutual consent of the applicant and the planning commission.

(7)

The planning commission's denial to extend a project completion deadline shall not prevent the applicant from submitting a new site plan for review and approval in accordance with the submittal and processing requirements of Article XXVII of Chapter 44.

(Ord. No. 371, 3-25-2013)