1999.04.29 ORD 1999-332 - Laserfiche WebLink

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ORDINANCE 1999-332 AN ORDINANCE AMENDING CHAPTER 290 OF THE HUGO CITY CODE ENTITLED "SUBDIVISION" BY ALLOWING FOR PHASED DEVELOPMENT OF MAJOR SUBDIVISION The City Council of the City of Hugo does hereby amend Chapter 290 of the City Code by repealing the existing 290-6, Subd. I, entitled "Staged Development" in its entirety and replacing it with the following: Subd. I. Phased Development of Major Subdivisions. Phased development of major subdivisions may be allowed, without the necessity of obtaining preliminary plat approval independently for successive phases, at the discretion of the City, but subject to the procedures and conditions outlined herein. (1) Election. A written development agreement between the Developer and the City must describe the phasing plan for a development. In the development agreement, an election shall be made by the Developer. The Developer shall choose either to delegate to the City the sole authority to determine if the provisions of this section have been complied with, or the Developer shall choose not to use this section and shall proceed anew with any future phases within the development. (2) Time Limit. Should the Developer choose to avoid beginning anew, the original development agreement shall specify the maximum time allowed for the submission to the City of an application for final plat approval of subsequent phases within a development. In no case will a Developer be allowed more than twenty-four (24) months to elapse between the date of preliminary plat approval, on the original phase, and the date on which application is made for final plat approval of any other phase within the development. (3) Review by City. Proposed final plats for each successive phase of an approved original plat shall be reviewed by the City for compliance with the approved original preliminary plat and development agreement. If the submitted plat for a successive phase is in substantial compliance with the original approved preliminary plat and development agreement, it shall then be provided to the City Council for review for final plat approval. The decision as to whether a successive phase is in "substantial compliance" shall be made solely by the City (according to the election made by the Developer). Any challenge of this decision, beyond the City Council or Board of Adjustments and Appeals, shall operate an election by the Developer to begin the plat approval process anew. (4) Rejection of Phases. If the City determines that an application for plat approval of subsequent phases is not substantially in compliance with the approved original preliminary plat or development agreement, the Zoning Administrator shall reject