A. Effect Of Approval: Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the president of the board of trustees.
B. Effect Of Recording: Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recording of a final plat.
C. Applicable Laws: To obtain final plat approval, the applicant shall be in compliance with all federal and state laws applicable at the time that the final plat is considered for approval by the board of trustees. The applicant also shall be in compliance with all local laws and regulations applicable at the time that the preliminary plat was submitted to the planning and zoning commission in accordance with subsection 11-3-4I of this chapter (or, if a minor subdivision, at the time the preliminary plat was submitted to the building and zoning administrator); except, that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered by the planning and zoning commission if the board of trustees makes a determination on the record that compliance with any of those local laws and regulations is reasonably necessary to protect public health and safety.
D. Development Agreements:
1. Optional Agreement: The board of trustees may, but under no circumstances is it required to, enter into a development agreement.
2. Interpretation And Negotiation: The development agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the village (the "parties") and shall contain those terms and conditions agreed to by the parties and those required by this subsection. The village attorney or designee is authorized to negotiate development agreements on behalf of the village.
3. Covenants: Any covenant by the village contained in the development agreement to refrain from rezoning or adopting any rule or regulation that would affect the proposed subdivision, shall be limited to a period of five (5) years. The covenant shall also contain a proviso that the village may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if it makes a determination on the record that the action is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. The covenant shall contain the additional proviso that the village may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if the action is required by federal or state law.
4. Third Party Rights: Except as otherwise expressly provided in the development agreement, the development agreement shall create no rights enforceable by any party who/which is not a party to the development agreement.
5. Limitation On Liability: The development agreement shall contain a clause that any breach of the development agreement by the village shall give rise only to damages under state contract law and shall not give rise to any liability for violation of the fifth and fourteenth amendments of the U.S. constitution or similar state constitutional provisions.
6. Developer's Compliance: The development agreement shall include a clause that the government's duties under the agreement are expressly conditioned upon the subdivider's compliance with each and every term, condition, provision, and covenant of the agreement, all applicable federal, state and local laws and regulations, and its obligations under the subdivision improvements agreement.
7. Adoption Of Agreement: The development agreement shall be adopted by the Board of Trustees pursuant to applicable State and local laws and shall be recorded with the County Recorder of Deeds.
8. Incorporation As Matter Of Law: All clauses, covenants, and provisos required by these regulations to be included in a development agreement shall be incorporated into the development agreement as a matter of law without respect to the intent of the parties. (Ord. 2012-11, 3-13-2012)