(A) The Planning Commission may attach to a general development permit conditions relating to:
(1) Compliance with the plans and specifications submitted by the developer to the Administrator.
(2) Time within which the development must be commenced or completed.
(3) Protective measures which a developer must undertake for the benefit of neighboring property, such as the construction of fencing, establishment of buffer areas or snow storage.
(4) Execution of a written development contract between the city and the developer as such development contracts are defined in § 155.010.
(B) The Commission may attach to a special development permit conditions which may concern any matter subject to regulation under this title, including means for:
(1) Minimizing any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities which may be conducted.
(2) The sequence of development, including when it must be commenced and completed.
(3) Controlling the duration of use of development and the time within any structures must be removed.
(4) Assuring that development is maintained properly in the future.
(5) Designating the exact location and nature of development.
(6) Establishing more detailed records by submission of drawings, maps, plats or specifications.
(7) Executing a written development contract between the city and the developer, as such development contracts are defined in § 155.010.
(C) The Commission may not condition a grant of a development permit on the payment or conveyance by the developer of any money, land or other property, except:
(1) The payment of the fees for the filing of the applications for permits and certificates.
(2) Provision by the developer of street, other rights-of-way, utilities, parks or other open space, but the required provision must be of a quality and quantity no more than reasonable necessary for the proposed development.
(3) Payment of an equivalent amount of money into a fund for the provision of streets, other rights-of-way, utilities, parks or other open space if the Commission finds that the provision thereof under division (C)(2) above is not feasible.
(4) Creation or conveyance of interests in lands reasonably necessary to effectuate the conditions authorized by division (C)(2) above.
(5) The acquisition by the developer of a performance bond.
(6) Other requirements as authorized in divisions (A) through (D) of this section.
(D) The Commission may require a development contract before a general development permit is issued. The Planning Commission shall submit a recommended draft of each development contract to the City Council for its approval before the contract is executed by either the City or the developer. In this development contract, conditions may be attached relating to:
(1) Compliance with the plans and specifications submitted by the developer to the Commission.
(2) Time within which the development must be commenced or completed.
(3) Protective measures which a developer must undertake for the benefit of neighboring property such as construction of fencing and screening; establishment of buffer areas, green belts and snow storage areas, provisions for covered and screened garbage storage areas and replacement of displaced trees.
(4) Necessary utility improvements required to service the development such as water, sanitary and storm, electric lines, street, sidewalks, and parking lots.
(5) The establishment of an escrow account with the city in an amount approved by the city to be used to defray city administrative expense including costs of planner, engineer, and attorney. Said administrative expense shall be estimated by the administration and shall be in addition to the fee required under § 155.224. Any excess remaining in the account on issuance of an occupancy permit shall be returned to the developer.
(6) The establishment of a surety bond, certificate of deposit, securities or other deposit prior to issuance of the development permit to be used by the city to guarantee compliance with the development contract.
(7) An indemnity agreement to hold the city harmless against claims of third parties arising from the work done, materials used by, or contractual relations of the developer.
(8) Preparation of all preliminary and final plats necessary for the performance of the development contract, and approval of the final plat by the City Council.
(E) The Commission may require a development contract before a special development permit is issued. The Planning Commission shall submit a recommended draft of each development contract to the City Council for its approval, before the contract is executed by either the city or the developer. In such a development contract, conditions may be attached relating to:
(1) Minimizing any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities which may be conducted.
(2) The sequence of development, including when it must be commenced and completed.
(3) Controlling the duration of use of development and the time within any structure must be removed.
(4) Assuring that development is maintained properly in the future.
(5) Designating the exact location and nature of development.
(6) Establishing more detailed records by submission of drawings, maps, plats or specification.
(7) Protective measures which a developer must undertake for the benefit of neighboring property such as construction of fencing and screening, establishment of buffer areas, green belts and snow storage areas, provisions for covered and screened garbage storage areas and replacement of displaced trees.
(8) Necessary utility improvements required to service the development such as water, sanitary and storm sewer, electric lines, street, sidewalks, and parking lots.
(9) The establishment of an escrow account with the city in an amount approved by the city to be used to defray city administrative expense including costs of planner, engineer, and attorney. Said administrative expense shall be estimated by the administration and shall be in addition to the fee required under § 155.224. Any excess remaining in the account on issuance of an occupancy permit shall be returned to the developer.
(10) The establishment of a surety bond, certificate of deposits securities or other deposit prior to issuance of the development permit to be used by the city to guarantee compliance with the development contract.
(11) An indemnity agreement to hold the city harmless against claims of third parties arising from the work done, materials used by, or contractual relations of the developer.
(12) Preparation of all preliminary and final plats necessary for the performance of the development contract, and approval of the final plat by the City Council.
('69 Code, § 7-25.08) Penalty, see § 155.999