(a) A final planned development application and map(s) has not been submitted within three years of preliminary approval unless an application for an extension has been approved by the hearing examiner.

(b) Construction has not commenced within two years of final planned development approval or in compliance with the final approved planned development construction schedule unless an application for an extension has been approved by the hearing examiner.

(a) Sixty days prior to the public hearing on the vacation of the planned development, the responsible party of record representing the planned development shall be notified by certified letter via U.S. mail of the pending action and shall be afforded the opportunity to submit an application for a time extension of the planned development.

(b) The hearing examiner may grant one extension not to exceed one year from the date of approval of the planned development.

(c) Application for an extension shall be made to the hearing examiner at least 30 calendar days prior to the scheduled date of the public hearing on vacation of the planned development. A nonrefundable application fee in an amount established by resolution of the city council shall accompany each and every application for an extension.

(d) The application shall include a statement of mitigating and/or hardship circumstances necessitating the request for an extension.

(e) At a public meeting of the hearing examiner there shall be a consideration of a recommendation from the planning agency on vacation of the planned development. At consideration of the recommendation to the hearing examiner to approve the vacation, the hearing examiner may grant the requested extension based upon the testimony given at the meeting.

(f) If the time extension is approved, the consideration of a recommendation to the hearing examiner concerning vacation of the planned development will be redocketed for consideration at the termination of the one-year extension period. In the event that a final planned development application and map(s) have not been submitted within the one-year extension period or in the event that construction has not commenced within the one-year extension, there shall be a recommendation to the hearing examiner to vacate the planned development. (Ord. 517 § 1, 2016)