§ 126-186. Commission review; extension of time.

(a)

Within 1,095 days after preliminary subdivision plat approval and within 30 days of submission of the final plan, the commission shall examine such plat and determine whether it conforms to all applicable criteria and standards and whether it conforms in all substantial respects to the previously approved plat. The developer or his engineer shall be present at the meeting.

(b)

When the developer believes that an extension of time is needed beyond the time allowed in subsection (a) of this section, the developer may appeal in writing to the director of planning and community development for additional time and must specify the reasons therefor. The director of planning and community development may extend the 1,095 days by up to 90 days, which shall not be more than 1,185 days from preliminary approval action by the commission, if the director of planning and community development finds that the requested extension of time is not caused, directly or indirectly, by any action or omission of the developer, his engineer, or their respective officers, agents or employees or by the diligent pursuit thereof by such persons.

(c)

When the developer believes that an extension of time is needed beyond the time allowed in subsections (a) and (b) of this section, the developer may appeal in writing to the commission for additional time and must specify the reasons therefor. The commission then may grant an additional extension of time not to exceed:

(1)

Ninety days from the extension granted pursuant to subsection (b) of this section, or

(2)

One hundred eighty days if no extension was granted pursuant to subsection (b) of this section,

if the commission finds that the requested extension of time is not caused, directly or indirectly, by any action or omission of the developer, his engineer, or their respective officers, agents or employees or by the diligent pursuit thereof by such persons.

(d)

When the developer believes that an extension of time is needed beyond the time allowed in subsections (a), (b) and (c) of this section, the developer may appeal in writing to the city council for additional time and must specify the reasons therefor. The city council then may grant an additional extension of time not to exceed:

(1)

One hundred eighty days from the extensions granted pursuant to subsections (b) and (c) of this section,

(2)

Two hundred seventy days if an extension was granted pursuant to subsection (b) or (c) of this section, but not both, or

(3)

Three hundred sixty days if no extension was granted pursuant to subsections (b) and (c) of this section,

if the city council finds that the requested extension of time is not caused, directly or indirectly, by any action or omission of the developer, his engineer, or their respective officers, agents or employees or by the diligent pursuit thereof by such persons.

(Code 1967, § 27-20.2(a); Ord. No. 3655, § 3, 7-28-83; Ord. No. 5263, § 2, 4-27-89; Ord. No. 7693, § 2, 5-9-96; Ord. No. 8973, § 1, 8-24-00)