Preliminary plans which have commenced construction and have completed substantial physical improvements for the project, and have also recorded at least 25% of the lots associated with the project, are not required to apply and obtain extensions of preliminary plans and can continue to completion without extension approvals, provided the projects are also in compliance with any other conditions of approval. For definitions of substantial physical improvements, see § 278-25I(2)(b)[3]. 

A letter of verification of substantial physical improvement may be requested from the County by the applicant or owner. A fee is required with such verification.

A Conformity Review is required for additional extensions of time beyond eight (8) years from the approval date, unless otherwise in compliance with Subsection I(2)(b)[2]. Such extensions may be granted by the Planning Commission, subject to the requirements detailed below.

Conformity Review Required Documents

The following documents are required to be submitted with your Preliminary Subdivision Plan Extension Request Application if a Conformity Review is required:

1.  A request for an extension must be submitted with an improvement plan submitted by the applicant prior to the expiration date. This request is to provide a reason for the extension request, and the amount of time that is anticipated to be needed to complete the project through recordation of final plats.
2.  A timetable providing dates of submittals, approval, applicant or administrative actions for preliminary plans and revisions, all improvement plans and final plats are to be submitted as an attachment to the request.
3.  A narrative comparing the original or revised Preliminary Subdivision Plan to the existing or approved physical improvements as shown on improvement plans, final plats, adequate public facility mitigation requirements, public water or sewer allocations, pace of development (including build-out rate), and the Planning Commission conditions of approval.

Updated Adequate Public Facilities Review 

In accordance with § 278-25I(2)(b)[1] any request for an extension beyond eight (8) years from the initial approval date shall include a revised and updated Adequate Public Facilities analysis and schedule for completion of required public facilities along with an assessment of compliance with conditions. A phasing plan may be considered as a part of the extension request.

A separate application and payment of fees for a Preliminary Adequate Public Facilities (PAPF) review is required. Approval of the Preliminary Adequate Public Facilities Application by Staff will determine the scope of the required Traffic Impact Analysis.

Conformity Review Process 

The process for this review will be consistent with that of a new Preliminary Subdivision Plan. As a part of the Conformity Review, the Planning Director shall include recommendations to the Planning Commission for Preliminary Subdivision Plan extension approval or denial, or recommend any revisions to the conditions of approval, including, but not limited to, an update of the Adequate Public Facilities or Traffic Impact Studies, additional infrastructure improvements based upon state or County capital improvement projects, revised or new federal, state or County regulatory requirements, or approved developments in the area.

Planning Commission Consideration

The Planning Commission shall act on the request for extension consistent with the procedures of Subsection I(2)(a), and may include new or revised conditions of approval, based upon the status of the development, County or state plans or regulatory requirements, surrounding development, and any other factors considered relevant by the Commission.