§ 40-451. Phased development.

(a)

Phasing requirements.

(1)

Multiphase development. Developments within a Mixed Use Corridor District may be developed in phases, provided that the following criteria are met:

a.

For developments with non-residential uses, the more restrictive land uses and the necessary off-site improvements are completed first. For developments with separate multiple-family residential structures developed and integrated with other permitted uses, the non-residential uses and the necessary off-site improvements shall be completed first.

b.

Each phase can function and can be utilized independently of subsequent phases.

c.

At the time of the application the applicant submits a phasing schedule in accordance with section 40-450, Site Plan Submittal, containing the following information:

1.

The number of phases in which the development will be built.

2.

The dates when the development of each phase is expected to begin and be completed. For the purposes of this article and references thereto, the "beginning or initiation of construction" of a development shall be the date on which a building permit is issued for the development or phase of the development and the completion of a development shall be the date on which a certificate of use and occupancy (temporary or regular) is issued for the development or phase of a development.

3.

The infrastructure and on-site improvements to be included in each phase including, but not limited to, service areas, access drives, parking spaces, landscaping and open space, buildings and other structures.

(2)

Single phase development. If no phasing schedule is provided at the time of the application, the applicant shall complete the development as a single phase including all on-site improvements required by this Code and delineated in the site plan submittal.

(b)

Time limitations.

(1)

Multiphase development. The applicant shall apply for and receive a building permit for at least one (1) phase of a multiple-phase development within one (1) year of site plan approval. The applicant shall have a maximum of five (5) years from the date the building permit is issued to complete all phases of the development unless the parish council or planning director approves an extension for the development.

(2)

Single phase development. The applicant shall apply for and receive a building permit within one (1) year of site plan approval. The applicant shall have a maximum of two (2) years from the date the building permit is issued to complete the development unless the parish council or planning director approves an extension for the development.

(3)

Failure to meet time limitations. Approval shall be vacated and site plan approval shall become null and void if a building permit has not been issued for single phase and multiphase development within the time limits prescribed above, including any extension(s), and no request for extension is pending. No building permits shall be issued for site plans that have been declared null and void. Nevertheless, such site plans may be submitted as a new application for review, and must conform to all site plan and review requirements in effect at the time of the later application.

(c)

Extensions.

(1)

Standards for extension. Upon a finding that unforeseen circumstances prevented completion within the approved time limitation, the planning department director may grant an extension for a period not to exceed six (6) months. If the planning director denies a request for an extension, the applicant may appeal the decision to the parish council. The parish council may grant extensions for periods greater than six (6) months subject to the following provisions:

a.

Single phase development. An extension for a single phase development may be granted by council resolution and shall not exceed a period of three (3) years.

b.

Multiphase development. An extension for a multiphase development shall be granted by ordinance for a period at the discretion of the council. If the council grants an extension the applicant shall submit a revised phasing schedule to the planning department for approval by the planning director.

(2)

Requests for extension. The applicant shall request an extension for the beginning of construction or completion of construction. The request, including information which explains the need for an extension, shall be made in writing to the planning director and must be received by the planning department within the original term to complete the project. Requests that require council action shall be processed in accordance with the procedures in Article XLVIII Changes and Amendments. The recommendations to the parish council for extension shall be based on a finding from the planning department and the planning advisory board that unforeseen circumstances prevented completion within the approved time limitation.

(Ord. No. 20783, § 3(XIII-F(11)), 9-22-99; Ord. No. 21388, § 5, 9-26-01; Ord. No. 22794, § 11, 7-19-06)