Development agreements are intended to accomplish two primary purposes: (1) Provide more certainty to a land owner or developer through the grant of vested property rights for an agreed-upon term of years; and, in return, (2) Provide more certainty to the City of Hudson that public amenities and improvements will be provided according to an agreed-upon schedule and at a level of quality sufficient to justify the grant of vested rights. Public benefits arising from a development agreement may include, but are not limited to, provision of public facilities such as streets, sewerage, parks/open space, transportation, schools, and utility facilities. The establishment of vested rights through use of a development agreement can thereby ensure reasonable certainty, ensure stability and fairness in the land development approval process, secure the reasonable investment-backed expectations of landowners, provide for a more efficient use of resources, and foster cooperation between the public and private sectors in the area of land use planning. Accordingly, these provisions establish uniform procedures and standards for the preparation, review, and adoption of development agreements.

(Ord. 18-93. Passed 10-15-19.)

   The City of Hudson may enter into a development agreement with any person having a legal or equitable interest in real property for the development of that property. The subject property shall be located within the incorporated boundaries of the City of Hudson.

(Ord. 18-93. Passed 10-15-19.)

      (1)   A description of the uses permitted on the property and any uses specifically prohibited;

      (2)   The density or intensity of proposed uses, including the maximum size (floor area) and height of buildings;

      (3)   Provisions for the reservation or dedication of land for public purposes;

      (4)   The proposed timing and phasing of the construction of public improvements;

      (5)   Assurances that adequate public facilities (including roads, water, sewer, schools, fire protection, and emergency medical services) will be available as they are needed to serve the development;

      (6)   Provisions to protect environmentally sensitive land on the property, and other measures to mitigate anticipated impacts from the development on the general public;

      (7)   Provisions for public benefits or improvements in excess of what is required by current City policy or law;

      (8)   The proposed timing and phasing of the development project;

      (9)   The termination date of the development agreement, which in no case shall be later than ten years from the date of execution of the development agreement.

      (1)   Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; or

      (2)   Terms, conditions, restrictions, and requirements for subsequent discretionary actions, provided such terms, conditions, restrictions, and requirements shall not prevent the development of the property for the uses and to the density and intensity of development set forth in the agreement.

(Ord. 18-93. Passed 10-15-19.)

      (1)   Permitted uses of the land;

      (2)   Density; and

      (3)   Design, improvement, and construction standards and specifications, shall be those ordinances, rules, regulations, and official policies in force at the time of execution of the agreement.

         A.   New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the subject property as set forth in the development agreement;

         B.   New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the development agreement;

         C.   New ordinances, rules, regulations, and policies that are necessary to address a significant and immediate threat to the public health, safety, and welfare; or

         D.   [Reserved.]

         E.   New ordinances, rules, regulations, and policies when the City finds that the development agreement is based on substantially inaccurate information supplied by the developer.

(Ord. 18-93. Passed 10-15-19.)

   The procedures and requirements for consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property are set forth in Section 1203.11. Required review standards and findings for development agreement applications are set forth in Section 1204.06.

(Ord. 18-93. Passed 10-15-19.)

   A development agreement shall be a legislative act of the City of Hudson, which shall be approved by ordinance and subject to public referendum.

(Ord. 18-93. Passed 10-15-19.)

   All development agreements shall be reviewed by the Planning Commission every two years. At the review, the developer shall provide such information as shall be required by the PC to demonstrate good faith compliance with the terms of the development agreement. If the PC determines that the agreement should be terminated or modified, the matter shall be referred to the City Council for its determination.

(Ord. 18-93. Passed 10-15-19.)

(Ord. 18-93. Passed 10-15-19.)

   Unless amended or terminated pursuant to this chapter, a development agreement shall be enforceable by any party thereto.

(Ord. 18-93. Passed 10-15-19.)