Sec. 655.207. - Annual review procedures.

(a) Filing and annual monitoring report. Annual monitoring reports shall be submitted by the individual or other entity designated in the approved development agreement to the Department by the date specified in the approved development agreement, and each year thereafter, until such time as the approved development agreement expires or the terms and conditions of the approved development agreement are satisfied. Failure to submit an annual report or the deliberate misrepresentation or the use of gross inaccuracies in the report may be grounds for the initiation of proceedings by the Department to amend or cancel the approved development agreement. This report shall contain: (1) A listing of any changes in the approved development agreement; (2) A summary comparison of development activity proposed and actually developed, if any; (3) A listing of any undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer; (4) An assessment of the level of compliance with the conditions contained in the approved development agreement by all parties to the development agreement; (5) A list of local, State or federal permits which have been obtained or which are pending, if any, by agency, type of permit, permit number, and purpose of permit; and (6) The identification of any changes in local, State or federal legislation substantially affecting compliance with the approved development agreement. (b) Annual development agreement review. (1) Within five days of receipt of the annual monitoring report, the Department shall send a copy of the submitted report to each of the review divisions for their review, analysis, and comments. (2) Reviewing divisions, upon receipt of the submitted report, will have 15 days to evaluate the report and issue comments to the Department. The failure of any reviewing division to issue comments within the 15 days shall constitute approval of the submitted report by that division. Their review shall address the following: (i) The completeness and accuracy of the information contained within the submitted document; (ii) The degree of compliance with the terms of the development agreement; and (iii) The identification of any changes warranting an amendment to or cancellation of the development agreement. (3) Upon receipt of all review division comments, the Department shall, within ten days, issue a formal report on the findings of the annual review and issue a determination of compliance with the terms of the development agreement. This report shall be sent to all parties to the development agreement and shall be available for public inspection at the Department. (c) Determination of noncompliance. In the event that it is determined by the Department that there has been a failure to comply with the terms of the development agreement by the developer, the Department shall provide written notice to all parties to the development agreement of such determination by certified mail, return receipt requested. The parties shall have 30 days from the date of mailing to respond to the Department's determination. If the parties fail to cure the failure to comply or fails to respond within the 30-day period, the Department shall submit as an agenda item at the next regularly scheduled meeting of the appropriate committee of the City Council a request to initiate proceedings to amend or cancel the development agreement. All parties to the development agreement shall be provided with written notice of the Department's intention to take such action at least seven days prior to the committee meeting, by certified mail, return receipt requested. (Ord. 93-120-111, § 1; Ord. 2011-536-E, § 1) Note— Former § 655.208 . See editor's note, § 655.204 .