23-4 Development Agreement

A Development Agreement shall be prepared and approved in conjunction with approval of the Planned Development Overlay. The purpose of the Development Agreement is to describe how the developer and the City will address items not expressly addressed in this code. The Development Agreement shall outline the modifications from the City’s ordinances and requirements the City is granting the applicant, as well as the restrictions being imposed upon the applicant beyond what is required by state or local law (i.e., restricting applicant’s rights under clearly established law). This required provision(s) of the Development Agreement shall serve as the City’s notice to the applicant. The applicant shall sign a written acknowledgement that they were notified and understand their rights are being restricted through the Development Agreement. For landscaping improvement not considered public infrastructure improvements, the Development Agreement shall include the details of any improvement completion assurance required by the City: (1) for landscaping improvements specifically required by the City and outlined in the development agreement; or (2) for landscaped amenities or common areas that are dedicated to and maintained by a homeowners association, when the City grants an increased density or other entitlement benefit not currently available under the existing zone. For landscaping and other infrastructure considered public infrastructure improvements, any improvement completion assurance required does not need to be included within the Development Agreement, unless deviating from the requirements outlined in the Subdivision Ordinance. The Development Agreement shall be drafted in a recordable format and shall require acceptance and approval from City Council after recommendation from the Planning Commission. Once accepted and approved the Development Agreement and any written acknowledgement(s) shall be recorded with the Kane County Recorder’s office.