(A) Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied, or
(B) Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:
(1) Incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase(s);
(2) Identifies all required improvements in the initial phase(s) and establishes their estimated cost;
(3) Sets a schedule for the completion of the required improvements in the initial phases and an anticipated schedule for future phases;
(4) Guarantees completion, repair, and maintenance of all required improvements in the initial phase(s) and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases;
(5) Provides a process by which the county may, if necessary, complete required improvements using the guarantee(s) provided;
(6) Provides a process by which either party may request re-negotiation of the development agreement;
(7) Provides a process by which the development agreement may be transferred, with county approval, to the developer’s successors;
(8) Provides that the development agreement and any vested rights it confers shall be void if the county is required to “call” a guarantee to complete required improvements or if the anticipated schedule required by division (B)(3) above is not met or re-negotiated. The developer shall have the right to re-negotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated by the developer within 90 days after failure to initiate or complete a phase as scheduled; and
(9) Provides a timetable for initiation and completion of proposed phases.
(Ord. 2007-8-13, passed 3-11-2019)