§ 118-836. Final development plan.

(a)

Time limits for submission. Unless otherwise specified by the planned unit development zoning ordinance or extended under section 118-829, the developer shall have three years from the adoption date of the PUD zoning ordinance in which to:

(1)

File and obtain approval of a final plat of a residential or urban village planned unit development, or any portion thereof; or

(2)

File and obtain approval of a final development plan of a residential or urban village planned unit development, or a portion thereof and commence construction contemplated by such plan. Site clearing and tree removal activities do not constitute commencement of construction for the purposes of this subsection.

Residential planned unit developments adopted prior to September 30, 2009 are hereby granted an extension to allow three years from September 30, 2009 in order to satisfy the conditions under subsection (1) or (2) above.

(b)

Site plan. A site plan must be presented in accordance with division 2 of article II of this chapter.

(c)

Plat. A plat must be presented which complies with chapter 110.

(d)

Additional exhibits. Additional exhibits required for the final development plan may include the following:

(1)

Development schedule. The development schedule shall contain the following information for the urban village planned unitdevelopment or the portion thereof which is the subject of the final development plan:

a.

The order of construction of the proposed stages or phases delineated in the development plan.

b.

The proposed date for the beginning of construction on the stages or phases.

c.

The proposed date for the completion of the stages or phases.

d.

The proposed schedule for the construction and improvement of common open space within the stages or phases, including any complementary buildings.

(2)

Deed restriction. Deed restriction proposals to preserve the character and purpose of the common open space. The deed restrictions shall include, among other provisions a prohibition against partition by any residential property owner.

(3)

Association or nonprofit corporation. If the developer elects this method of administering common open space, the proposed bylaws of the association, articles of incorporation and other controlling documents shall be submitted for approval by the city attorney.

(4)

Instruments. Instruments dedicating all rights-of-way, easements and other public lands shown on the final development plan from all persons and entities having any interest in the land and instruments indicating that all necessary off-site easements or dedications have been acquired. In lieu of originals, certified copies of the relevant documents will be accepted if the recording information from the public records of the county is included thereon.

(5)

Bill of sale. A bill of sale, conveying to the city water and sewer utility lines, mains, lift stations, and other improvements required to be installed by this Code.

(6)

Title opinion. A title opinion from an attorney showing the status of the title to the site encompassed by the final development plan and all liens, taxes, encumbrances, easements, agreements, and other documents affecting title.

(7)

Tax receipts. Paid receipts from the city and county indicating taxes and required fees have been paid in full up to and including the current period.

(e)

Procedure.

(1)

A fee established by the city commission shall accompany the final development plan application for the purpose of administration.

(2)

The city engineer and the city planner shall recommend the approval, approval subject to conditions and modifications, or disapproval of the final development plan application based upon the conformity of the final development plan with the preliminary development plan, sufficiency and accurateness of the required exhibits, and the requirements and purposes of this division and ordinances and regulations of the city.

(3)

The planning and zoning board and the city commission shall review these recommendations at regular public meetings and shall approve, approve subject to conditions and modifications, or deny the final development plan application.

(f)

Recording of final development plan.

(1)

After approval of the city commission of the final development plan application, it shall be recorded in the public records of the county. No final development plan of a planned unit development, or any portion thereof, within the city shall be recorded unless it shall have the approval of the city commission inscribed thereon.

(2)

The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of or other use of a final development plan of a planned unit development or portion thereof that has not been given final approval by the city commission and recorded in the official records of the county is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such documents.

(Ord. No. 12-02, § 1, 1-26-12; Ord. No. 12-24, § 1, 5-24-12)