Hailey's Glen

Sussex Code Concerning The Extension Request of 3/25/2021:

§ 99-9 Public hearing on preliminary plat approval or disapproval.

B. Tentative approval of a subdivision plat shall be valid for 36 months. Unless a final plan, in accordance with the approved preliminary plat, including any required changes or modifications, and in accordance with all other applicable provisions, shall be filed with the Commission's staff within 36 months from the date of action of the preliminary plat, the Commission's action thereon shall be deemed canceled. An extension of this time period may be sought in accordance with § 99-40F.

[Amended 6-2-2009 by Ord. No. 2052; 12-15-2015 by Ord. No. 2428]

§ 99-40 Sunsetting of major subdivision approval.

C. The applicant of any preliminary subdivision plat under § 99-9B, and any recorded subdivision plat valid under §§ 99-11 and 99-40; any Residential Planned Community District valid under Article XVI of Chapter 115 of the Sussex County Code; or any conditional use action approved and valid pursuant to the provision of Article XVI, Article XXIV, and Article XXVIII of Chapter 115 of the Sussex County Code and relating to new residential, commercial, or industrial developments may seek up to a six-month extension of said approval pursuant to this § 99-40C.

(1) Prior to the expiration of its current approval, any applicant holding a currently valid approval as set forth in this § 99-40C may request an extension up to six months for the validity of said approval. The six-month period shall commence upon the date of expiration of the current approval. Such a request must be in writing and delivered to the Director on or before the expiration date of its current approval. At a minimum, the written request must include the following information:

(B) A detailed explanation of the reasons in support of the applicant's request for the time extension. The applicant is to include an explanation of whether such reasons were within the applicant's reasonable control. Examples of reasons beyond the applicant's reasonable control include, but are not limited to, undue delays in receiving regulatory approvals, litigation affecting the progression of the project, third-party economic restrictions of an extraordinary or unreasonable nature, or delays caused by significant medical or health issues impacting the applicant's key stakeholders.