(A) Conditions. The Council may attach conditions to a PUD as it deems necessary to mitigate potential adverse impacts to the city’s system of infrastructure, further the city’s land-use policies as established in the Comprehensive Plan, or to ensure that the benefits derived from the development justify a departure from the standard zoning regulations. Such conditions may include, but are not limited to, those which will:
(1) Minimize adverse impact on surrounding properties, developments, or public services, facilities, or utilities;
(2) Describe the sequence and time of development;
(3) Describe the duration of development;
(4) Assure that development is maintained properly;
(5) Require the provision for on-site or off-site public improvements, facilities, or services when the proposed development is found to create a significant adverse impact on off-site public streets, facilities, utilities, or services, including, but not limited to, bridges, intersections, road, traffic control devices, water mains, sewer mains, fire equipment, and recreational facilities;
(6) Require methods or manners of construction to minimize impact on adjacent properties or to prevent erosion or runoff and similar environmental impacts;
(7) Require dedications of land or cash in lieu thereof for streets, parks, or similar uses;
(8) Require additional plans or engineering revision for any aspect of the development plan;
(9) Require provision of adequate employee housing;
(10) Require written agreements executed by the developer to secure performance of any requirement or condition to be imposed as part of the approval including, but not limited to, development, services, or annexation agreements;
(11) Require submission of a revised development plan to incorporate changes made therein during the review process;
(12) Require dedication of lands, personal property, or improvements to the city;
(13) Require recordation of documents with the County Recorder including, but not limited to, declarations of covenants and restrictions, easements, restrictive covenants, management agreements and similar documents establishing and guaranteeing the creation, operation, and maintenance of the project, including, but not limited to, provisions that such documents may not be amended without the prior written consent of the City Council; and
(14) Require that utility lines be placed underground.
(B) Notification by the Administrator. The Administrator shall give the applicant written notice of the Council’s decision by mail within ten days after the Council has reached a decision.
(C) Expiration and extension of approval period. If a project is to be phased, construction of the second and succeeding phases shall be contingent upon completion of the preceding phase unless the requirement is waived by the City Council. Further, if construction on any PUD or phase of any PUD ceases or is not diligently pursued for a period of one year without the prior consent of the City Council, the PUD permit shall at that time become null and void.
(D) Waiver of time periods. If the City Council determines that an emergency exists and that the public welfare would be promoted thereby, it shall have the authority to waive the time requirements for a public hearing pursuant to § 154.128 and order a joint public hearing of the City Council and the Planning and Zoning Commission; provided that, the joint public hearing shall be preceded by at least one publication in a newspaper of general circulation of the public hearing.
(E) Revocation.
(1) The Council, upon request of the Commission, an individual, or itself, may consider and revoke a PUD permit for either of the following grounds:
(a) Violation of the conditions of the permit after notice of the violation; or
(b) Causing or allowing a nuisance in connection with the premises.
(2) If the Council finds that probable cause exists for revocation of a PUD permit, the City Clerk shall give notice of a hearing to the permittee and the public in the same manner as notice of a hearing for an application for a PUD permit. The Council shall hold a hearing on the question of revoking the permit and, if it finds that grounds for revocation exist, it shall revoke the permit.
(Ord. 56, passed 11-1-1999)