(a) Effect of Approval. Except as otherwise provided in this Section 1155.11, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final approval until the actual signing of the final plat by the Chairman of the Planning Commission.
(b) Effect of Recordation. Except as otherwise provided in this Section 1155.11, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation 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 Planning Commission. The applicant also shall be in compliance with all local laws and regulations applicable at the time the sketch plat was submitted to the Planning Commission (or if a minor subdivision, at the time the preliminary plat was submitted to the Building Department), except that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered for approval by the Commission if the Planning Commission 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. If the Planning Commission required the applicant to complete public improvements in the subdivision prior to final plat approval, and the improvements have, in fact, been made, the applicant may be required to comply with local laws and regulations in effect at the time that the final plat is considered for approval only if the Planning Commission makes a finding on the record that such compliance is necessary to prevent a substantial risk of injury to public health, safety and general welfare.
(d) Development Agreements. The Village may, but is under no obligation to, enter into a Development Agreement:
(1) The Development Agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the Municipality (the “parties”) and shall contain those terms and conditions agreed to by the parties and those required by this subsection (d) hereof. The Village Law Director or his designee is authorized to negotiate Development Agreements on behalf of the Municipality.
(2) Covenants. Any covenant by the Village contained in the Development Agreement to refrain from exercising any legislative, quasi-legislative, quasi-judicial or other discretionary power, including rezoning or the adoption of any rule or regulation that would affect the proposed subdivision, shall be limited to a period of five years. The covenant shall also contain a proviso that the Village may, without incurring any liability, engage in action that would otherwise 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.
(3) Third party rights. Except as otherwise expressly provided in the Development Agreement, the Development Agreement shall create no rights enforceable by any party not a party to the Development Agreement.
(4) 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.
(5) 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 substantial 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 improvement agreement.
(6) Adoption. The Development Agreement shall be adopted by the governing body pursuant to applicable state and local laws and shall be recorded in the Clerk and Recorder's Office of Cuyahoga County.
(7) 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.