In the event the developer fails to comply with the time limits of section 118-836(a) or section 118-989 or fails to comply with the time limits contained in the applicable PUD zoning ordinance,
the preliminary development plan shall automatically expire and no further development
orders or permits shall be issued and no development shall occur on the land unless
and until the city commission reapproves the preliminary development plan or approves
a new preliminary development plan. The city may require modifications to the applicable
PUD zoning ordinance as a precondition to such approval. After the expiration of the
preliminary development plan pursuant to this section, the city shall have the right
to terminate the applicable PUD zoning ordinance and related development orders, permits,
and agreements and return the land, or any portion thereof to its previous zoning
classification or to a zoning classification that is consistent with the comprehensive
plan and the city commission deems most appropriate. If approval of a final plat is
obtained for a portion of a planned unit development or if a final development plan
is obtained for a portion of a planned unit development and the developer has commenced
construction contemplated by such plan, then in either of such events the preliminary
development plan shall remain in full force and effect with respect to the portion
of the planned unit development not included within such final plat or final development
plan and such preliminary development plan shall not be subject to termination under
the provisions of this section.
(Ord. No. 09-19, § 5, 10-8-09)
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