§ 35-717. Progress Towards Completion of a Project.

(a)

Purpose. This section implements the authority established by Chapter 245, § 245.005(b) to establish an expiration date for a permit and for a project if there has been no progress towards completion of the project.

(b)

Progress Towards Completion of a Project. For the purposes of this section, progress towards completion of a project shall include any one of the following actions after the initial application for the project has been filed:

(1)

An application for a final plat or plan is submitted to a regulatory agency;

(2)

A good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

(3)

Costs have been incurred for developing the project including, without limitation, cost associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five (5) percent of the most recent appraised market value of the real property on which the project is located;

(4)

Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

(5)

Utility connection fees or impact fees for the project have been paid to a regulatory agency.

(c)

Project Expiration. A project expires five (5) years after the initial valid application if no "progress towards completion" has been made on the project during that time and a project expires five (5) years after the last "progress towards completion" has been made, whichever is later.

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