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Land Development Code - City of Hudson, Ohio

Chapter 1209    Development Agreements

Section 1209.01    Purpose

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.

Section 1209.02    Applicability/Eligible parties

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.

Section 1209.03    Contents of Development Agreement

  1. Mandatory Requirements
    A development agreement shall include the following:
    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 (10) years from the date of execution of the development
      agreement.

  2. Optional Requirements
    A development agreement may include the following:
    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.

Section 1209.04    Governing Ordinances, Rules, Regulations, and Official Policies (Vesting of Property Rights)

  1. Prevailing at the Time of Execution
    Unless otherwise provided by the development agreement, the ordinances, rules,
    regulations, and official policies applicable to development of the subject property
    and governing the following areas:
    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.

  2. Subsequently Enacted Regulations--General Rule and Exceptions
    1. General Rule. Ordinances, rules, regulations, and official policies that
      govern permitted uses of the land, density, and design, improvement, and
      construction standards and specifications, and that are enacted subsequent to
      execution of the development agreement, shall not be enforced against the
      subject property.

    2. Exceptions. Notwithstanding paragraph (1) above, a development agreement
      shall not prevent the City, in subsequent actions, from applying any of the
      following to the subject property:
      1. 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;
      2. New ordinances, rules, regulations, and policies that are specifically
        anticipated and provided for in the development agreement;
      3. New ordinances, rules, regulations, and policies that are necessary to
        address a significant and immediate threat to the public health, safety,
        and welfare; or
      4. New ordinances, rules, regulations, and policies when the City finds
        that the development agreement is based on substantially inaccurate
        information supplied by the developer.

Section 1209.05    Procedures for Consideration of Applications for Development Agreements

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 of this Code. Required review standards and findings for
development agreement applications are set forth in Section 1204.06 of this Code.

Section 1209.06    Development Agreement as Legislative Act

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

Section 1209.07    Periodic Review

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.

Section 1209.08    Modification and Termination

  1. Mutual Consent
    A development agreement may be canceled or modified by the mutual consent of the
    developer and the City acting through the City Council.

  2. Noncompliance by Developer
    The City Council may terminate or modify a development agreement based upon
    evidence that the developer, or successor in interest thereto, has not complied with
    the terms or conditions of the agreement.

  3. Change in Applicable State or Federal Law
    In the event that state or federal laws or regulations are enacted after execution of the
    development agreement and prevent or preclude compliance with one or more
    provisions of the development agreement, such provisions of the agreement shall be
    modified or suspended to the extent necessary to comply with such state or federal
    laws or regulations.

  4. Procedure
    The City Council may modify or terminate a development agreement using the same
    legislative procedures for adopting the original development agreement ordinance.

Section 1209.09    Enforcement

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