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I# <br />§ 10.53 <br />D. Review: If substantial development has not <br />occurred within a reasonable time after approval of the FUD Zoning <br />District as set forth in the Developer's Agreement, the City <br />Council may instruct the Planning Commission to initiate rezoning <br />to the original zoning district. It shall not be necessary for the <br />City Council to find that the rezoning was in error. <br />Subd. 6. Phasing and Guarantee of Performance. <br />A. The Plannl. g Commission shall compare the actual <br />development accomplished in the various PUD zones with rhe approved <br />development schedule. <br />B. Upon recommendation of the Planning Commission and <br />for good cause shown by the property owner, the Council may extend <br />the limits of the development schedule. <br />C. The construction and provision of all of the <br />common open space and public and recreational facilities which are <br />shown on the final development plan must proceed at the same rate <br />as the construction of dwelling units, if any. The Development <br />Review Committee shall review all of the building permits issued <br />for the PUD and examine the construction which has taken place on <br />the site. If tney find that the rate of construction of dwelling <br />units is greater than the rate at which common open spaces a.nd <br />public and recreational facilities have been constructed and <br />provided, they shall forward this information to the Council for <br />action. <br />D. A letter of credit shall be required to guarantee <br />performance by the developer. The amount of this letter of credit, <br />and the specific elements of the development program that it is <br />intended to guarantee, will be stipulated in the development <br />agreement. <br />Subd. 7. Control of Planned Unit Development Following <br />Completion. <br />A. After the certificate of occupancy has been <br />issued, the use of the land and the construction, modification or <br />alteration of any buildings or structures within the planned <br />development shall be governed by the final development plan. <br />B. After the certificate of occupancy has been <br />issued, no changes shall be made in the approved final development <br />plan except upon application as provided below: <br />1. Any minor extensions, alterations or <br />modifications of existing buildings or structures may be authorized <br />by the Development Review Commictee if they are consistent with the <br />purposes and inte.nt of the final plan. No change authorized by <br />this Section may increase the cube of any building or structure by <br />more than ten percent (10%). <br />Ordinance 67, 2nd Series <br />ORONO CC 359-5 Adopted; 5-8-89 <br />1 <br />j