§ 5-09. Time of validity for approved final subdivision plats.

5-09.1.

Period of validity. An approved final subdivision plat which has been duly recorded in the office of the clerk of the circuit court of Newport News shall be valid for a period of not less than five (5) years from the date of approval thereof, or for such longer period as the city manager may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development.

5-09.2.

Granting of extensions. The following procedure shall apply to the granting of extensions:

(1)

Upon application of the subdivider or developer filed prior to expiration of an approved recorded plat, the director or his agent may grant one (1) or more extensions of such approval for additional periods as the director or his agent may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension.

(2)

If the director or his agent denies an extension requested as provided herein and the developer contends that such denial was not properly based on the ordinance applicable thereto, the foregoing considerations for granting an extension, or was arbitrary or capricious, he may appeal to the circuit court of Newport News, provided that such appeal is filed with the circuit court within sixty (60) days of the written denial.

5-09.3.

Effect of changes in law, policy or plan. For so long as the approved and recorded final subdivision plat remains valid in accordance with the provisions of this section, no change or amendment to any city ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval of the recorded plat or development plan shall adversely affect the right of the developer or his successor in interest to commence and complete a final site plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

5-09.4.

Minor modifications. Application for minor modifications to recorded plats made during the periods of validity of such plats established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of such minor modifications extend the period of validity of such plats.

5-09.5.

Applicability of section. The provisions of this section shall be applicable to all final subdivision plats recorded on or after January 1, 1992. Nothing contained in 5-09.1, 5- 09.2, 5-09.3, 5-09.4 and 5-09.5 of this section shall be construed to affect: (i) any litigation concerning the validity of a final subdivision plats recorded prior to January 1, 1992, or any such litigation nonsuited and thereafter refiled; (ii) the authority of the city to impose valid conditions upon approval of any special use permit, conditional use permit or special exception; (iii) the application to individual lots on recorded plats or parcels of land subject to approved development plans, to the greatest extent possible, of the provisions of the city's Chesapeake Bay Preservation Ordinance; or (iv) the application to individual lots on recorded plats or parcels of land subject to approved development plans of the provisions of the city's ordinance to comply with requirements of the federal Clean Water Act, Section 402(p.) of the Stormwater Program and regulations promulgated thereunder by the Environmental Protection Agency.

(Ord. No. 4409-92; Ord. No. 5959-03, § 1)

(Ord. No. 4409-92; Ord. No. 5959-03, § 1)