A. The town shall review the development agreement every twelve (12) months from the date the agreement is entered into through a public hearing by the commission and council.
B. The director shall initiate the review proceeding by giving notice as provided by chapter 9.85, "Public Notices And Hearings", of this title, that the town intends to undertake a periodic review of the development agreement and shall prepare a staff report and recommendation.
C. The director shall determine whether the property owner has demonstrated good faith compliance with the terms and conditions of the development agreement.
D. If the director finds and determines on the basis of substantial evidence that the property owner has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded.
E. If the director finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with any one or more of the terms or conditions of the development agreement during the period under review:
1. The town may initiate proceedings to modify or terminate the agreement or undertake other enforcement action as deemed appropriate;
F. Such periodic review will end when all the terms and conditions have been completed as found and determined necessary by the commission and council after public hearings. (Ord. 243, 10-15-2013)