A. Installation Before Recording Final Plat: Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.
B. Phasing; Development Agreement: Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:
1. Incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase/s.
2. Identifies all required improvements in the initial phase/s and establishes their estimated cost.
3. Sets a schedule for the completion of the required improvements in the initial phase/s and an anticipated schedule for future phases.
4. Guarantees completion, repair, and one year's maintenance of all required improvements in the initial phase/s using one of the methods listed in Section 10-16-7 of this Chapter, and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases.
5. Provides a process by which the County may, if necessary, complete required improvements using the guarantee/s provided.
6. Provides a process by which either party may request renegotiation of the development agreement.
7. Provides a process by which the development agreement may be transferred, with County approval, to the developer's successors.
8. Provides that the development agreement and any vested rights it confers shall be void if the County is required to "call" a guarantee to complete required improvements or if the anticipated schedule required by subsection B3 above, is not met or renegotiated. The developer shall have the right to renegotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated, by the developer, within ninety (90) days after his or her failure to initiate or complete a phase as scheduled.
9. An "initial" phase is any phase anticipated to begin within eighteen (18) months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than twelve (12) months. (Ord. 98-01, 7-18-1998)