§ 30-144. Compliance.

(a)

It is the responsibility of the applicant to comply with these regulations by submitting initial and corrected final plat packages within the approved preliminary plat period of approval, or as extended. In the event of noncompliance, the developer shall be notified in writing of the deficiency(s), their rights to complete corrections, ability to appeal, and method of appeal as outlined in section 30-111.

(1)

The developer will then have one year from the date of the letter to resolve the deficiency(s). If the developer does not resolve the deficiency(s) within one year from the date of the notification letter, all processing of their subdivision plat shall cease except as provided in subsection (a)(3) of this section.

(2)

The developer shall have 30 calendar days from cessation to provide evidence to the director of deficiency resolution, otherwise, the subdivision plat processing shall be terminated. Termination automatically voids any previous approvals for any unrecorded portions of the preliminary plat (tract) without further notification or hearing.

(3)

Upon receiving a written request that details substantial reasons for the delay or details substantial progress from the developer or the project engineer, the director may grant an extension of six months to allow the submittal of the corrected final plat.

(b)

Noncompliance, relative to subsection (a) of this section, shall be determined by the director. An appeal of a decision of noncompliance and/or termination may be made to the planning and zoning commission and board of supervisors.

( Ord. No. 2001-01 , § 3.11(G), 2-20-2001; Ord. No. 2004-04 , § 3.11(G), 12-6-2004; Ord. No. 2010-06 , § 3.8(G), 4-5-2010; Ord. No. 2011-07 , § 3.8(G), 8-1-2011)