18F.40.070 Preliminary Plats-Time Extensions.
A. General Requirements.
1. The applicant or owner(s) may request a 1-time, 1-year time extension beyond the five years within which to submit a final plat, unless approved under PCC 18F.40.090.
2. Knowledge of the expiration date and initiation of a request for a time extension is the responsibility of the applicant or owner(s) of the property.
3. A written application for a time extension shall be filed with the Planning Department prior to the expiration of preliminary plat approval.
4. Upon filing of an application for time extension, a copy shall be sent to each party of record together with departments or agencies that were involved in the process of preliminary plat approval. By letter, the Department shall request written comments be delivered to the Department within 30 days of the date of the letter.
5. If alteration or additions of conditions of approval are requested by a party of record, County Department or State Agency, the applicant/owner(s) shall be provided with a copy of such proposal and shall have ten working days in which to respond. Upon expiration of the response period, the Department may set a date for public hearing. The public hearing shall follow the procedures set forth in Chapter 18.80 PCC, Notice, and Chapter 1.22 PCC.
6. If approved, the 1-year time extension shall be calculated from the date of the Hearing Examiner's approval of the extension.
7. If a request for a time extension is denied, the applicant or owner shall have 60 days from the date the denial decision was rendered to submit for final plat approval. The final plat will be processed in accordance with PCC 18F.40.060 B.
B. Hearing Examiner's Authority. The Examiner has the authority to approve or deny all requests for time extensions. The Examiner may, upon request by a party of record or County department or agency, alter or expand the conditions of approval applicable to any such plat, provided that such conditions are consistent with laws or regulations adopted subsequent to original approval or such changes are necessary for the protection of the public health, safety or general welfare as a result of material changes in, or discovery of, relevant conditions or circumstances which have occurred since the date of filing of the preliminary plat application.
C. Required Written Findings and Determinations. The Examiner's written decision on the final plat time extension shall include findings and conclusions, based on the record, to support the decision. A proposed final plat time extension shall not be approved unless the Examiner makes written findings that:
1. Unusual circumstances beyond the applicant's/owner(s) control have occurred that prevented approval of the final plat within the initial five year time period; and
2. The applicant/owner(s) have complied with all other requirements contained herein.
D. Approval. The Examiner may approve, or approve with conditions, the proposed final plat time extension if the criteria contained in this Section have been met.