§ 35-716. Completion of a Project or Permit.

(a)

Project Completion.

(1)

A multi-phase project as defined in section 35-412 shall expire unless a final plat is approved within two (2) years from the approval of the master development plan that plats at least twenty (20) acres or eight (8) percent of the net developable area or an expenditure of at least five hundred thousand dollars ($500,000.00) in project expenses has been made if the master development plan is one thousand (1,000) acres or less or an expenditure of at least one million dollars ($1,000,000.00) has been made if the master development is more than one thousand (1,000) acres.

(2)

Further, an approved master development plan shall expire unless fifty (50) percent of the net developable area within the approved master development plan is the subject of a final plats or development within ten (10) years from the date of approval of the master development plan. For a POADP existing prior to September 1, 1997 that meets the requirements of subsection 35-1027(j) of the 1987 UDC, the rights for projects will expire ten (10) years from the date of approval of the MDP/POADP or September 25, 2007, whichever is later. The remaining fifty (50) percent must obtain final plat approval or be developed within ten (10) years after the initial fifty (50) percent of the net developable area within the master development plan has been platted or developed. Unless specific provisions to the contrary exist in an individual ordinance plan (see subsection 35-412 (h)), a plat, or replat will not result in a loss of rights or constitute an abandonment of the original master development plan provided that the required area of acreage within the master development plan platted or value of infrastructure expenses do not fall below the amount indicated above as a result of the amendment or replat.

(3)

A single-phase project is complete five (5) years after the filing of the application unless progress towards completion has been demonstrated.

(b)

Effect of Project or Permit Completion. After a project or permit is complete, the development or redevelopment of additional property included within the boundary of the completed project is a new project for purposes of this Code.

(Ord. No. 2006-02-16-0241, § 2, 2-16-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2014-08-14-0581, § 4, 8-14-14)