§ 27-88. Required and optional contents of final development orders.

(a)

A final development order shall contain the following required materials:

(1)

A determination that, where one was required, a valid preliminary development order exists for the requested development.

(2)

An approved final development plan with findings and conclusions.

(3)

A determination from the city staff that all conditions of the preliminary development order have been met.

(4)

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

(5)

A specific time period during which the development order is valid and during which time development shall commence. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval. If the first building permit that is related to the final development order is not issued within one (1) year of the date of the issuance of the final development order the approval shall be considered null and void. However, the city council, upon showing of good cause may extend such approval period. All such extensions must be requested and heard by the city council prior to expiration of the development order.

(6)

A commitment by the city to the following:

a.

That if the city agrees to provide some or all of the public facilities needed to meet, shall not be deferred or deleted from the five-year schedule of capital improvements or the adopted one-year capital budget unless the subject final development order expires or is rescinded prior to the issuance of a certificate of occupancy.

b.

Contracts shall provide that construction of necessary facilities must proceed to completion with no unreasonable delay or interruption.

(b)

A final development order may contain one (1) or more of the following optional materials:

(1)

A schedule of construction phasing consistent with availability of capacity of one (1) or more services and facilities.

(2)

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

(3)

Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument.

(4)

A security agreement in the amount of one hundred ten (110) percent of the cost of services or facilities that the applicant is required to construct, contract for construction, or otherwise provide.

(5)

Such other conditions as may be required to ensure compliance with the concurrency requirement.

(Ord. No. 2004-10, § 1, 10-4-04)