Except in cases involving a written agreement to the contrary, construction of a development under a Planned Unit Development permit shall commence within twelve (12) months from the date of the passage of the authorizing special use permit ordinance by the President and Board of Trustees and shall proceed to completion in accordance with the phasing program, if any, contained therein.
A. Revocation of Permits. The President and Board of Trustees may at any time request written reports on the progress and development of the proposed Planned Unit Development project. If the Board is satisfied that the permittee has abandoned the development of the proposed Planned Unit Development project, or failed to follow the final development plan, it shall hold a public hearing for the purpose of considering the revocation of all permits issued and action taken. Written notice of said hearing shall be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the Planned Unit Development permit. Publication of said hearing shall also be given in accordance with the provisions of this Article. If the Board feels that there has been abandonment by the permittee of the development of the proposed Planned Unit Development project or failed to follow the final development plan, it may then revoke the Planned Unit Development special use permit without public hearing but following notice that such revocation will be considered by the President and Board of Trustees at a meeting thereof not less than fifteen (15) nor more than thirty (30) days after the date of such notice. The notice specified herein shall be deemed given when sent certified mail to the applicant at the address given in the application for such Planned Unit Development special use permit.
B. Time Extensions. Upon application by a permittee of a Planned Unit Development, the President and Board of Trustees may extend the time for the commencement of construction as follows:
1. If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay;
2. For good cause shown, an extension may be granted for such periods of time as the Board deems appropriate but not exceeding twelve (12) months exclusive of extensions authorized under subparagraph 1. hereinabove.
C. Establishment of Common Open Spaces and Facilities. The establishment of common open spaces and construction of public or common recreational facilities shown on the final development plan together with the construction of other non-residential structures shall proceed substantially in accordance with the phasing program previously approved as part of the final development plan.
1. Occupancy Permits. No occupancy permit for any structure in the development shall be issued until a pro rata share of the common open spaces and facilities required in compliance with the phasing plan have also been placed in a condition suitable for use or occupancy.
2. Developer Responsibility. The developer shall maintain control of all common open spaces and facilities, and be responsible for required maintenance, until the same are formally turned over to a public agency or private association. The President and Board of Trustees may determine when the common open spaces and facilities must be formally turned over, based upon the status of the development, when this item is not adequately addressed in the phasing program.
(Ord. 397, passed 5-12-99)