§ 5-10. Time of validity of approved development plans.

5-10.1.

Period of validity. An approved development plan shall be valid for a period of five (5) years, provided the subdivider (i) submits a final subdivision plat for all or a portion of the property within one (1) year of such approval, and (ii) thereafter diligently pursues approval of the final subdivision plat.

(1)

Diligent pursuit of approval means that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final subdivision plat or modifications thereto.

(2)

However, no sooner than three (3) years following such development plan approval, and upon ninety (90) days' written notice by certified mail to the subdivider, the city manager may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

5-10.2.

Effect of changes in law, policy or plan. For so long as the approved development plan 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 approval of the development plan shall adversely affect the right of the developer or his successor in interest to commence and complete a final subdivision plat unless the change or amendment is required to comply with state law or there has been a mistake, fraud or change in circumstances substantially affecting the public health, safety or welfare.

5-10.3.

Minor modifications. Application for minor modifications to approved development plans made during periods of validity of such plans 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 plans.

5-10.4.

Applicability of section. The provisions of this section shall be applicable to all approved development plans valid on or after August 12, 2003. Nothing contained in this section shall be construed to affect: (i) any litigation concerning the validity of a development plan pending prior to August 12, 2003, 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 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. 5959-03, § 1)

(Ord. No. 5959-03, § 1)