§ 32-4-261. EXPIRATION OF DEVELOPMENT PLAN APPROVAL.

(a)

In general. Development Plan approval shall expire 4 years after the date a final, non-appealable approval was granted, unless the Plan was vested pursuant to § 32-4-264. An approved Development Plan may be extended under subsection (b) or under § 32-4-274(a).

(b)

Request for extension.

(1)

An applicant may make a written request to the Hearing Officer for a one year extension of the 4 year Development Plan approval period provided under subsection (a) of this section upon a showing that a county agency failed to properly process an essential request necessary to achieve vesting in a timely fashion, causing a delay beyond the initial four years after the final, non-appealable approval was granted.

(2)

The request for extension shall be filed prior to the expiration of four years from the date of approval of the Development Plan.

(3)

The Hearing Officer shall act within 60 days of the filing of the request and may grant, in writing, the request for an extension.

(4)

The Hearing Officer may not act upon the request for an extension until comments from the applicable agencies are received.

(5)

Any appeal of the extension granted under subsection (b) shall be on the record. The standard of review shall be based upon an abuse of discretion.

(c)

Expiration of reclamation plan. Approval by the Hearing Officer of a Development Plan for which there is an approved reclamation plan shall expire 15 years from approval of the reclamation plan by the Planning Board under Subtitle 5 of this title, unless the Plan was vested pursuant to § 32-4-264.

(1988 Code, § 26-210) (Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 79-01, § 2, 7-1-2004; Bill No. 75-03, §§ 18, 19, 7-1-2004; Bill No. 24-06, § 1, 3-17-06; Bill No. 58-09, § 2, 8-17-2009)