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A. Preliminary and Final Development Plan: Building permits for the development of an approved PRUD, or the first phase of a PRUD, must be obtained within eighteen (18) months following submission of a complete application for a PRUD preliminary development plan/conditional use permit. Failure to obtain a building permit within the specified time period shall result in a revocation of the conditional use permit, and the approved preliminary development plan, rendering both approvals null and void; provided, however, that one extension of six (6) months may be granted for the final approval and obtaining a building permit by the planning commission for a showing of good cause and provided no ordinance changes have occurred within the eighteen (18) months that would alter the project development.
B. Time Limitation of Phasing Approval: A PRUD approved as a phase development shall have a maximum of seven (7) years to obtain permits for all phases of the PRUD. Failure to obtain the permits and commence construction of the final phase of the PRUD shall nullify the approval of the phase or phases that have not obtained a building permit and commenced construction within six (6) months following approval and issuance of the initial building permit for the specific phase or phases.
C. Conditional Use Revocation: Any property for which a conditional use permit has been revoked or a plan determined to be null and void for failure to comply with the above time limitations shall thereafter be subject to the zoning and subdivision ordinances otherwise applicable to said property.
(Ord. 93-30, 7-27-1993; amd. Ord. 2022-20, 5-3-2022)
A. Financial Guarantees: Prior to the recording of a PRUD subdivision plat and prior to the issuance of any building permit on property covered by a PRUD final development plan, financial guarantees acceptable to the city as follows:
1. A financial guarantee meeting the requirements of section 15-13-23 of this title, sufficient in amount to cover the cost of all private infrastructure, amenities and required landscaping in common open space, and, public infrastructure improvements, if such financial guarantee mechanism is approved by the city engineer;
2. For public improvements, a financial guarantee meeting the requirements of the subdivision title.
B. Completion Of Improvements:
1. Infrastructure: All street improvements, sidewalks, curb and gutter, storm drainage facilities, water and sewer lines, and all other such surface and underground improvements shall be completed prior to occupancy.
2. Amenities And Landscaping: Notwithstanding the provision above, all amenities shall be completed prior to occupancy unless inclement weather prevents their completion, in which case one extension of six (6) months for amenities and landscaping may be granted. If not completed at the end of the six (6) month period, the city will review the progress and may proceed to use the guarantee funds to make the improvements in accordance with the approved plan.
C. Property Ownership: Plans submitted for preliminary and final development review may be filed jointly by multiple owners, provided all owners have signed the proposed plans. The applicant shall submit a title report demonstrating compliance with this subsection. The area proposed for a PRUD shall be in single ownership or corporate ownership prior to recording of the final plat in order to provide for full supervision and control of said development, and to ensure conformance with the provisions of this chapter.
D. Phasing: If the sequence of construction of various portions of the final development plan is to occur in stages, then the open space or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. A phasing plan, including size and order of phases, shall be approved by the planning commission. Such phasing plan shall have the written approval of all property owners. In addition, the approved phasing shall be submitted to the city recorder for recordation with the county recorder's office as a covenant to run with the land.
(Ord. 93-30, 7-27-1993; amd. Ord. 98-37, 6-16-1998)
Plans submitted for preliminary and final development review may be filed jointly by multiple owners, provided all owners have signed the proposed plans. The area proposed for a PRUD shall be in single ownership or corporate ownership prior to recording of the final plat in order to provide for full supervision and control of said development, and to ensure conformance with the provisions of this chapter. The applicant shall submit a title report demonstrating compliance with this section.
(Ord. 93-30, 7-27-1993)
If the sequence of construction of various portions of the final development plan is to occur in stages, then the open space or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. A phasing plan, including size and order of phases, shall be approved by the planning commission. Such phasing plan shall have the written approval of all property owners. In addition, the approved phasing shall be submitted to the city recorder for recordation with the county recorder's office as a covenant to run with the land.
(Ord. 93-30, 7-27-1993)
In case of failure or neglect to comply with any and all of the provisions of this chapter, and the conditions and stipulations herein established, and as specifically made applicable to a PRUD, the building official shall not authorize occupancy of any structure. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter.
(Ord. 93-30, 7-27-1993; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001)
The building official shall not issue a permit for any proposed building, structure, or use within the project unless such building, structure or use is in accordance with the approved plan and any conditions imposed in conjunction with its approval.
(Ord. 93-30, 7-27-1993; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001)
A conditional use permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the planning commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this code, and the revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation. The decision of the planning commission to revoke a conditional use permit may be appealed to the mayor, in writing, within fifteen (15) days of the planning commission's decision.
(Ord. 93-30, 7-27-1993)
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