Skip to code content (skip section selection)
(a) If the Clerk of the Board receives a resolution from the Planning Commission recommending approval of the development agreement, with or without modification or the applicant requests Board consideration of the matter the Clerk of the Board shall set the matter for a public hearing before the Board, giving notice of the time, place and purpose of such hearing as provided in section 81.1309(a).
(b) The Board shall consider the proposed development agreement at the public hearing on the date set for the hearing or on the date or dates to which the hearing may be continued from time to time by the Board. The Board may take any of the following actions:
(1) Approve the development agreement.
(2) Approve the development agreement with modifications.
(3) Reject the development agreement.
(c) The Board shall only approve a development agreement if the Board makes the findings specified in section 81.1309(b).
(d) If the Board approves the development agreement the Board shall approve the agreement by ordinance. After the ordinance approving the development agreement takes effect, the Director may execute the agreement with the applicant.
(e) Within ten days after the Board rejects a proposed development agreement the Clerk of the Board shall give notice of the Board's action to the applicant at the address shown on the application and to the Planning Commission through the Director.
(f) Within ten days following complete execution of a development agreement, the Clerk of the Board shall record a fully executed copy of the development agreement including a legal description of the land subject to the agreement and a copy of the approved ordinance. The agreement shall be binding on the parties and their successor in interest, and the benefits of the agreement shall inure to the parties and their successors in interest.
(Amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10705 (N.S.), effective 1-8-21)