(A) The following policies will be included within the subdivision approval process by the Community and Development Services. In order for Residential Enterprise Zone incentive benefits to be received, the owner/developer of the subdivision will comply, through Certificates of Land Use Restrictions, surety instruments, contractual agreements and deed restrictions, with the following:
(1) Sidewalks. Sidewalks will be a requirement for eligibility for incentives.
(a) The owner/developer must install sidewalks on both sides of the street according to the standards and specifications found in the Hopkinsville Public Improvement Specifications.
(b) The sidewalk detail shall be included as part of the street construction drawings that are submitted for review by the Public Works Department of the city and Community and Development Services.
(2) Warranty. A one-year warranty will be provided by the owner/developer for streets constructed within the approved Residential Enterprise Zone subdivision.
(a) The warranty for the street construction will begin once the streets have been accepted by the city, and at least 25% of the homes within the Residential Enterprise Zone subdivision are developed.
(b) The owner/developer will be required to provide a surety to cover the warranty for that one-year period in the amount of 25% of the original construction cost of the street.
(3) The owner/developer will sign a Consent to Annexation and Restrictive Covenant Agreement and submit the signed document with the application for Residential Enterprise Zone benefits.
(4) The owner/developer will be required to sign an agreement stating that the subdivision development will be constructed and developed according to the Hopkinsville Code of Ordinances Title 15 and the Hopkinsville Subdivision Regulations and the Public Improvement Specifications for the City of Hopkinsville.
(5) The property proposed for Residential Enterprise Zone benefits must not be within an Agricultural District, defined pursuant to KRS 262.850.
(a) Any property found within an Agricultural District will be ineligible for Residential Enterprise Zone incentives.
(b) In order to become eligible for Residential Enterprise Zone incentives, the property must be decertified from the Agricultural District, and a Consent to Annexation and Restrictive Covenant form must be signed in favor of the city.
(6) The property being submitted for Residential Enterprise Zone benefits must be readily available to be annexed by the city.
(a) Properties which are proposed for the Residential Enterprise Zone that are obstructed by other properties which lie between the existing city limits and prevent the property from being annexed, are not eligible for Residential Enterprise Zone incentives.
(b) To become eligible for these incentives, the property owners of the obstructing properties must agree to sign a Consent to Annexation and Restrictive Covenant form, and those forms must be recorded and submitted with the application of the owner/developer for Residential Enterprise Zone benefits.
(7) All incentives to the owner/developer will terminate upon default by the owner/developer for noncompliance with any of the rules and regulations outlined in Title 15 of the Hopkinsville Code of Ordinances, the Hopkinsville Subdivision Regulations, and the Hopkinsville Public Improvement Specifications.
(a) Notice of default will be provided to the owner/developer, and the owner/developer will be provided ten days notice to cure the default.
(b) In such case that the owner/developer does not cure the items creating violation of rules and regulations, the benefits will be terminated, and community and development services will take the necessary steps to ensure that the property owners within the development are protected through the enactment of the surety instrument and any other legal resource available.
(8) All incentives are transferable.
(a) In order for the incentives to be transferred, the owner/developer and/or contractor and/or homebuyer must provide notice to Community and Development Services that there is intent to transfer the incentives.
(b) Failure to notify Community and Development Services that the incentives are to be transferred will void any transfer.
(c) Upon receipt of notification of the intent to transfer the incentives, Community and Development Services will review the request, determine the eligibility of the party to whom the incentives are being transferred, and will provide the estimated amount of incentives that can be expected through the development of the remaining portions of the subdivision.
(9) Each subdivision, which is requesting Residential Enterprise Zone incentives, must provide green spaces.
(a) The green spaces will be in the form of a landscaped entrance to the subdivision.
(b) The landscaped entrance shall meet the requirements of Chapter 158 and 162 where applicable.
(c) The landscaped entrance will include a non-illuminated sign and be located on the major entrances to the development.
(d) Approval of the landscaped entrance will be undertaken during the plat approval process and the appropriate surety will be established before the final plat is signed.
(e) The landscaped entrance maintenance responsibilities will be established and approved during the plat approval process.
(Ord. 12-2011, passed 6-21-2011)