(A) If a development is constructed in phases or stages in accordance with this section, then, subject to division (C) below, the provisions of this chapter shall apply to each phase as if it were the entire development.
(B) As a prerequisite to taking advantage of the provisions of division (A) above, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of the UDO that will be satisfied with respect to each phase or stage.
(C) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his or her application for development approval, the developer shall submit a proposed schedule for completion of the improvements. The schedule shall relate completion of the improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the Zoning Administrator or BOA, no land may be used, no buildings may be occupied except in accordance with the schedule approved as part of the permit, provided that:
(1) If the improvement is one required by the UDO then the developer may utilize the provisions of § 153.15(A); or
(2) If the improvement is an amenity not required by the UDO or is provided in response to a condition imposed by the Zoning Administrator or BOA, then the developer may utilize the provisions of § 153.15(B).
(D) Vested right. Subject to § 153.24 a multi-phased development is vested for the entire development with the land development regulations in place at the time the site plan approval is granted for the initial phase of the multi-phased development. The development remains vested for a period of seven years from the time the site plan approval is granted
(Ord. passed 7-25-2011 7-25-2011; Ord. 21-O-04, passed 6-28-2021)