1159.05 AMENDMENTS TO FINAL PLAN; CONSTRUCTION PROGRESS.
   The provisions of this section deal with amendments to the Final Development Plan and local review of construction progress.
   (a)   Minor changes in an approved Final Development Plan concerning the location, siting, or character of buildings and structures may be authorized by the Site Plan Review Committee, if required by engineering or other circumstances not foreseen at the time of Final Development Plan approval. No change authorized by the Site Plan Review Committee under this section may increase the size of a building or structure by more than ten percent (10%), nor change the location of any building or structure by more than ten feet in any direction; provided, notwithstanding anything in the foregoing, the Site Plan Review Committee may not permit changes beyond the minimum or maximum requirements set forth in this chapter; all other changes in the R-PUD District including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of an R-PUD District.
   (b)   A time period of one year beginning with the official approval of the Final Development Plan shall be granted for commencement of construction. Failure to begin substantial construction within this one year period shall void the Plan as approved. If for any reason the Plan is abandoned, or if construction is terminated at any stage, Council may rescind its approval of the PUD upon recommendation of the Planning Commission, and the entire tract shall revert to a District (or Zone) consistent with the Comprehensive or Land Use Plan.
      Application for extension of time shall be made to the Planning Commission and shall be accompanied by such evidence as is necessary to show substantial need and shall be presented prior to the one year expiration date. Where the Commission finds an extension is warranted and so recommends to Council, Council may, by resolution, grant the extension.
   (c)   The applicant must begin and substantially complete the development of the PUD within the time limit set forth on the Development Plan starting from the time of its final approval. Extensions may be granted by Council upon the showing of good cause, similar to the procedure found in subsection (b) hereof. After general construction commences, the Planning Department shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall notify the developer and Building Inspector in writing; thereafter the Building Inspector may issue such orders to the developer as he sees fit, and upon continued violation of this subsection may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved. (Ord. 14-1975. Passed 3-17-75.)