§ 156.38   AUTHORIZING USE, OCCUPANCY, OR SALE BEFORE COMPLETION OF DEVELOPMENT UNDER SPECIAL USE PERMITS AND SUBDIVISIONS.
   (A)   In cases when, because of weather conditions or other factors beyond the control of the special use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this chapter before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit-issuing board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).
   (B)   When the board imposes additional requirements upon the permit recipient or when the developer proposes in the plans submitted to install amenities beyond those required by this chapter, the board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:
      (1)   A performance bond or other security satisfactory to the board is furnished;
      (2)   A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made.
   (C)   With respect to subdivisions in which the developer is selling only undeveloped lots, the Planning Director may authorize final plat approval and the sale of lots before all the requirements of this chapter are fulfilled if the subdivider provides a performance bond or other security satisfactory to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval.  The subdivider or developer may request a one time extension of the performance bond or other surety for an additional 6 months if the subdivider or developer submits in writing to the Planning Department the request at least 3 months prior to the expiration of the original bond for either an extension or reduction of the performance bond. The extension or reduction in the performance bond shall be supported by a surety bond, letter of credit, cash deposit, or other surety document or instrument.
(Ord. O-2003-63, passed 12-16-03; Am. Ord. O-2007-17, passed 6-5-07)