§ 33.02-16. Time of validity.

(a)

A plan that has been reviewed in which plan discrepancies have been identified must be resubmitted within six (6) months from the date of the letter that notified the developer that the plan required revision. If the resubmission is not made within such period, the plan that was originally submitted shall be null and void, and any future plan that is submitted for the same property shall be treated as a separate plan submission.

(b)

Plan validity period:

(1)

Approved Class 1 and Class 2 site plans shall be valid for a period of five (5) years from the date of approval thereof.

(2)

Extensions for site plan validity:

a.

Upon application of the property owner or the developer, as applicable, filed prior to expiration of a site plan, 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 along with the laws, ordinances and regulations that are in effect at the time of the request for an extension.

b.

If the director or his agent denies an extension requested as provided herein and the property owner or developer, as applicable, contends that such denial was not properly based on the ordinance, law or regulation 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 shall be filed with the Circuit Court within sixty (60) days of the date of the written denial.

c.

For so long as the approved site 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 the date of approval for such site plan shall adversely affect the right of the property owner or developer, as applicable, or his successor in interest, to commence and complete an approved development in accordance with the lawful terms of the approved 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.

d.

Application for minor modifications to approved site plans made during the 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.

e.

The provisions of this section shall be applicable to all approved site plans valid on or after the date this chapter is adopted by the city council, provided that nothing contained in the foregoing subsections of this section shall be construed to affect the following:

1.

Any litigation concerning the validity of an approved site plan pending prior to the date of adoption of this chapter or any such litigation nonsuited and thereafter refiled;

2.

The authority of the city to impose valid conditions upon approval of any special use permit, conditional use permit or special exception;

3.

The application to individual lots on recorded plats or parcels of land subject to approved site plans, to the greatest extent possible, of the provisions of the city's Chesapeake Bay Preservation Ordinance; or

4.

The application to individual lots on recorded plats or parcels of land subject to approved site plans adopted to comply with the 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. 4952-96; Ord. No. 5030-97)

(Ord. No. 4952-96; Ord. No. 5030-97)