The construction of a subdivision under PUD zoning is authorized by a subdivider's agreement between the City and the land owner. This agreement, regardless of its form, is a contract intended to assure the orderly construction of a complete, well planned development. Should the land owner breach this contract by abandoning construction or failing to proceed with the development at the pace agreed upon, the City shall be entitled to implement certain remedies as follows:
(a) If a complete record plan approval application is not submitted within 3 months of the approval of a final development plan, the final development plan shall be null and void. The Commission, for good cause, may extend for consecutive periods of 6 months or less the time for submitting the record plan application.
(b) If no construction has begun in the PUD within 6 months after the recording of a record plan for the overall project or any part thereof, the record plan may be vacated by resolution of the City Council and be of no further effect. The Commission, for good cause and in its sole discretion, may extend for periods of up to 6 months the time for beginning construction.
(c) Should a land owner who has been authorized to develop a PUD under this chapter, or under any previous PUD regulations of the City, sell or otherwise convey ownership of any part of that PUD to another before all planned public improvements such as streets, curb cuts, and utilities are constructed therein in accord with plans and specifications approved by the City, and/or before all lands required for the public use therein have been dedicated to the City, that land owner shall be deemed to have abandoned that portion of the PUD and to have breached all agreements with the City to the extent that they relate to development of the portion sold. In case of such abandonment and breach, the City may, pursuant to a recommendation by the Planning Commission and approval by the City Council, pursue any of the following remedies or any others available to it under the law:
(1) Enforce the subdivider's contract executed by the breaching owner, if such contract exists.
(2) Withdraw its approval of all plans for that portion of the PUD and require any subsequent owner desiring to develop the site to begin with submission of a proposed new general plan under the current regulations. This remedy may be particularly appropriate when the new land owner intends to be a subdivider of the conveyed property.
(3) In a situation where the new owner wishes to continue the development of a subdivision, require the new owner to execute a subdivider's contract, performance bond and all other documents and assurances required by the City under the current regulations to guarantee those dedications and public improvements which were not completed by the former owner.
(d) In the event that the new owner and the City agree to implement the third alternative, the new owner may proceed in accord with the approved final development plan, under the provisions of this chapter. If for any reason the subdivision has not received approval of a general plan, final development plan and record plan, the new owner shall enter the review process set forth in this chapter to obtain any approval not obtained by the previous owner. Thereafter, the new owner shall not deviate from the approved plans except through the revision procedures of Section 1268.18, or by requesting and receiving a change of zoning classification.
(e) If an approved record plan is vacated as provided herein, notice of such vacation shall be filed in the records of the Butler County Recorder by the Commission, and no development may proceed on any part of the included lands until such time as a new final development plan and record plan have been submitted and approved.
(Ord. 16-2003. Passed 5-1-03.)