17.41.140 EXPIRATION OF PD ZONE (SUNSET PROVISIONS).
After 10 years from the City Council’s original approval of the PD Zone, the PD Zone designation shall expire as to any phase, parcel, or plat of land that is not included within a final plat that has been recorded in the Utah County Recorder’s Office. The zoning on such property for which a PD Zone expires, shall automatically revert back to the zoning that existed prior to the adoption of the PD Zone.
The ten (10) year time period established in this section may be extended by either:
1. The express terms of the development agreement approved in conjunction with the related PD Zone, but which may not exceed a total of 20 years from the time of the original approval; or
2. On the motion of the Planning Commission to grant an extension. The Planning Commission may not grant an extension unless it finds, based on substantial evidence placed in the record, all of the following:
a. Substantial progress is being made toward the final recording of the plat(s) with PD Zone;
b. The conditions of the PD Zone approval are still viable based on the currently applicable requirements of this Code; and
c. An ordinance change has not occurred or has not been initiated that may substantially affect the activity of the planned development authorized by the PD Zone approval.