3.12.2.   
   A.   General
      1.   After a or tentative or final has been approved, an applicant may apply for a (PDR). A PDR is a right granted to undertake and complete the and use of property as shown on the PDR Plan without needing to comply with subsequent changes in zoning standards and technical standards adopted during the period of the PDR, except as provided by A.R.S. §9-1204. In the event of a conflict between the provisions of the and A.R.S. §§9-1201 through 9-1205 inclusive, as they may be amended, the statutory provisions shall govern.
      2.   The also precludes the enforcement against the of any   regulation that would change, alter, impair, prevent, diminish, delay, or otherwise impact the or use of the property as set forth in the approved plan except as provided herein.
      3.   The does not vest until the Mayor and Council approve the plan or as a plan at public hearing.
   B.   Applicability
   The Mayor and Council may consider granting a PDR to the following:
      1.   An approved or provided the PDR is granted prior to the or expiring; or,
      2.   Concurrent with the initial approval of a or upon a finding that granting a to undertake and complete the shown on the plan will promote reasonable certainty, stability and fairness in the planning and regulatory process and secure the reasonable investment-backed expectations of the owner.
   C.   Application
   Submittal of an application to the PDSD is required in order to process the request. The PDR application requirements are provided in Section 2-12.0.0 of the Administrative Manual. Applications are reviewed for completeness in compliance with Section 3.2.3.A, Application Required. Following acceptance of the application, it will be scheduled for consideration by the Mayor and Council.
   D.   Nonphased and Standards
   Applications may be filed for nonphased or phased plans as follows:
      1.   Nonphased
      Nonphased are constructed in one phase. An application for a for a nonphased , must comply with the requirements in accordance with:
         a.   Article 8, Land Division, , and Standards, and applicable standards of the Administrative and Technical Standards Manuals for a  ; or
         b.   Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals for a .
      2.   
         a.   For consideration and approval as a plan, a shall be a master planned which:
            (1)   Consists of at least 40 depicted on a single master   for a residential ;
            (2)   Consists of at least 20 depicted on a single master   or for a nonresidential ;
            (3)   Is a Planned Area Development (PAD) ; or,
            (4)   The Mayor and Council have identified as a for the purposes of .
         b.   An application for a for a , must comply with the requirements set forth in:
            (1)   Article 8, Land Division, , and Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 40 depicted on a single master   for a residential ;
            (2)   Article 8, Land Division, , and Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least twenty (20) depicted on a single master   for a nonresidential ;
            (3)   Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 20 depicted on a single master for a nonresidential ; or,
            (4)   Section 3.5.5, Planned Area Development (PAD) , and applicable standards of the Administrative and Technical Standards Manuals for a master planned which is a PAD.
   E.   Granting of a PDR
      1.   A PDR shall be granted upon approval by the Mayor and Council.
      2.   The Mayor and Council may impose terms and conditions of approval.
      3.   Upon Mayor and Council approval, the landowner has the right to undertake and complete the only to the extent of the specific elements and details shown on the plan.
      4.   Approval of a plan for one phase of a is not approval of a plan for any other phase.
   F.   Effective Date
      1.   A PDR shall be deemed established with respect to a property on the effective date of Mayor and Council approval of the PDR Plan, except as follows.
      2.   Exception. A plan approved with a condition that a variance be obtained does not confer a until the variance is granted. Approval of a plan does not guarantee approval of a variance.
   G.   Expiration Date and Extension
      1.   Nonphased
      A plan for a nonphased is valid for three years.
         a.   In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size and type of the , the level of investment of the landowner, economic cycles, and market conditions.
         b.   If no permit has been issued prior to expiration, no construction shall commence under the plan.
      2.   Phased
      A plan for a is valid for five years.
         a.   In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size, type and phasing of the , the level of investment of the landowner, economic cycles, and market conditions.
         b.   No construction shall take place on the property for any phase for which a permit has not been issued.
   H.   Modification of Expiration Dates
   Notwithstanding Section 3.3.3.G.6.a, a that has been designated a PDR Plan shall expire upon termination of the PDR.
   I.   Enforcement
      1.   Subsequent Standards
      A protected precludes the enforcement of legislative or administrative regulations that would change, alter, impair, prevent, diminish, delay, or impact the or use of the property as approved in the Plan, except under any one of the following circumstances:
         a.   Landowner Consent
         The affected landowner consents in writing.
         b.   Natural or Man-Made Hazard
         The Mayor and Council declare by resolution, after notice and a public hearing, that natural or man-made hazard on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the were to proceed as approved in the Plan.
         c.   Inaccurate Information
         Declaration by the Mayor and Council by resolution after notice and a public hearing that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the Plan by the .
         d.   Enactment of or Law
         The enactment of a or law or regulation that precludes as approved in the Plan, in which case the Mayor and Council, after notice and a public hearing, may modify the affected provisions, on a finding that the change in or law has a fundamental effect on the Plan.
      2.   Subsequent Overlay Zoning, Fees, and Other Codes
      A does not preclude the enforcement of the following:
         a.   Overlay
         A subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or of use.
         b.    Fee
         A subsequently adopted fee applicable to similar properties in the adopted pursuant to A.R.S. §9-463.05.
         c.   Other Codes
         A subsequently adopted , fire, plumbing, electrical, or mechanical code or other ordinance or regulation general in nature and applicable to all property subject to regulation by the .
      3.    and
      A does not preclude, change, or impair the authority of the to adopt and enforce zoning ordinance provisions governing or on the property.
      4.   Suspension and Revocation Procedures
      The is permitted by law to subject a Plan to subsequent reviews and approvals consistent with the original approval. The may revoke its approval of a Plan for failure to comply with the applicable terms and conditions of approval. The procedure for compliance review suspension and revocation is described as follows:
         a.   PDSD Monitors Compliance
         After the approval of a Plan, the PDSD or designee shall monitor the progress of the to ensure compliance with the terms and conditions of the original approval or any agreement applicable to the property.
         b.   Suspension or Revocation
         The PDSD or designee may suspend or revoke a after notice to the applicant. The notice shall contain the Plan to be revoked, the property to which it applies, and the reason(s) for the proposed suspension or revocation.
         c.   Appeal to Mayor and Council
         The PDSD ’s decision to revoke a may be appealed to Mayor and Council in accordance with Section 3.9.2, Mayor and Council Appeal Procedure, by filing a notice of intent to appeal with the City Clerk no later than 14 after the effective date of the decision. The complete appeal materials must be filed with the PDSD within 30 of the effective date of the decision.
   J.   Successors
   After approval of the plan, all successors to the original landowner are entitled to exercise the .