(A) No final or official plan of any planned unit development shall be approved unless the following provisions are complied with: that the improvements provided for in reference to the preliminary plan and the approval thereof, have been installed prior to request for approval of the final plan of planned unit development; or that the developer shall have filed with the City Council a bond with surety deemed sufficient by the City Council, within the discretion of the City Council, to ensure the construction of the improvements listed in this section in a satisfactory manner and within the period specified by this Council, or in the event the Council should not specify a specific period, for a period not to exceed 2 years. No such bond shall be accepted unless it is enforceable by or payable to the city in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer and in form with surety and conditions approved by the City Attorney, the subdivider by having requested and secured approval of any preliminary plan of planned unit development shall by acceptance of the benefits of said approval be deemed to have agreed with the city that the city under the Local Improvement Act may construct improvements not appropriately and timely completed by the developer and assess the cost thereof against the developer and the premises benefited.
(B) The final plan of planned unit development and accompanying documents shall also show all requirements as indicated in reference to final plats of subdivisions as set forth within Ordinance Number A-590 with the exception of any items therein that as indicated within the preliminary plan approval would not be required of the planned unit development under consideration.
(C) In the event that the proposed final plan of the planned unit development conforms to the approved preliminary plan of planned unit development, and the other provisions regarding presentation and request for approval of such final plan as provided herein have been accomplished, certification to this effect shall be endorsed on the final plan by the chairman of the Planning Commission and the final plan for approval of planned unit development submitted to the City Council for its approval or disapproval. Where the final plan of planned unit development does not conform substantially to the approved preliminary plan, the proposed final plan of planned unit development shall be resubmitted to the Planning Commission for its recommendation as to the City Council for approval or disapproval of the final plan of planned unit development. The Council shall thereafter consider the recommendations of the Planning Commission and approve the plan, disapprove the plan, or refer the plan back to the Planning Commission with appropriate recommendations and/or comments as the Council within its discretion may deem appropriate in the circumstances. The City Council shall not disapprove any proposed final plan of planned unit development which is basically in accord with the previously approved preliminary plan for the same development.
(Ord. 1959, passed 5-22-2006)