§ 157.090  PERIODIC REVIEW TO ASSESS COMPLIANCE WITH AGREEMENT; MATERIAL BREACH BY DEVELOPER; NOTICE OF BREACH; CURE OF BREACH OR MODIFICATION OR TERMINATION OF AGREEMENT.
   (A)   Pursuant to § 157.040, periodic review by the Zoning Administrator is required at least every 12 months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement.  Annual findings by the Zoning Administrator will be reported to Town Council and the Planning Commission in public meetings.
   (B)   If, as a result of a periodic review, the town finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the Town shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable  particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
   (C)   If the developer fails to cure the material breach within the time given, then the town unilaterally may terminate or modify the development agreement; provided, that the town has first given the developer the opportunity:
      (1)   To rebut the finding and determination; or
      (2)   To consent to amend the development agreement to meet the concerns of the town with respect to the findings and determinations.
(Ord. 99056, passed 12-14-99)