The following procedures shall apply for Development Agreements:
(a) The City Council of the City of Twinsburg, in its sole and exclusive discretion, may enter into Development Agreements with the legal and equitable owners of real property within the City limits further set forth under the terms of this chapter. Entry into a Development Agreement by the City shall in no way whatsoever limit or modify any legislative power by the said City to adopt ordinances, resolutions, regulations, or to make executive, administrative, or legislative decisions of any kind which it had the power to make prior to entry into such Development Agreement, except to the degree that the Development Agreement, by its express terms and not by implication, gives vested rights to said property owner as to certain development permissions, required improvements and similar matters.
(b) A property owner desiring to enter into a Development Agreement with the City shall make a written request of such Development Agreement to the Mayor, and pay the fee as is established by ordinance. Such written request shall identify the lands which are desired to be subject to the Development Agreement and shall identify all legal and equitable owners having any interest in such property, and such ownership interests shall be certified by a title company. In the event that any partnerships, corporations, joint ventures or other entities, other than individuals, own a legal or equitable interest in such property, all principals and other persons with interest in such partnerships, corporations, or joint ventures shall be revealed.
(c) Upon receipt of such a request, the Mayor shall place the matter on the agenda of the City Council, and the City Council shall, in its discretion, determine whether or not it desires the Mayor to pursue negotiations with the property owner relative to the entry into a Development Agreement. In the event that the City Council determines not to proceed with further negotiations or discussions regarding the Development Agreement, the fee paid by the property owner shall be refunded. In the event the City Council instructs the Mayor to proceed with further negotiations, the fee shall thereafter be non refundable, regardless of whether or not a Development Agreement is ultimately executed between the City and the property owner.
(d) No Development Agreement negotiated under the authority provided herein shall modify density standards in any zoning district nor shall it modify any zoning district boundary or zoning class.
(Ord. 173-2000. Passed 12-17-00.)