15.01.040 Application Expiration.
(1) Except as provided in Subsection (4) of this Section, if within twelve (12) months after an application has been submitted pursuant to the requirements of this Title or Title 14, Provo City Code, the applicant fails to diligently pursue approval of the application, the application shall expire and any vested right to proceed with the application shall terminate.
(2) Except as provided in Subsection (4) of this Section, if within twelve (12) months after an application has been approved pursuant to the requirements of this Title or Title 14, Provo City Code, the applicant fails to exercise development rights authorized by such approval prior to the expiration date, the approval and associated development rights shall expire. The exercise of development rights shall be evidenced by the issuance of a building permit and subsequent commencement of construction.
(3) An applicant whose application has been approved shall continually conform to all conditions of approval. An applicant’s failure to do so shall constitute the applicant’s knowing and willful waiver of the applicant’s development rights authorized by such application.
(4) Upon written request of an applicant, the expiration date of an application or its approval, as the case may be, shall be extended for ninety (90) days beyond the original expiration date provided that:
(a) an application for an extension of time is submitted prior to the original twelve (12) month expiration date; and
(b) the Planning Commission or its designee finds, based on substantial evidence placed in the record:
(i) substantial progress is being made toward obtaining approval of the application, or the exercise of development rights authorized by an approved application, as the case may be;
(ii) in the case of an unapproved application, no changes to this Title or Title 14, Provo City Code, have occurred or are being considered that may affect the application; and
(iii) in the case of an approved application, any conditions of approval are still viable based on currently applicable requirements of the Provo City Code.
(c) In no case shall the time period be extended for more than twelve (12) months from the original expiration date.