Anti-Moratorium. The Parties agree that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of property, including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use or develop land that are issued or granted by City shall apply to the development of the Project or any portion thereof. Notwithstanding the foregoing, City may adopt ordinances, resolutions or rules or regulations that are necessary to:
Anti-Moratorium. No moratorium, as that term is defined in A.R.S. § 9-463.06, shall apply to or govern the development of the Property during the term hereof whether affecting preliminary or final plats, building permits, occupancy permits or other entitlements to use issued or granted by the City or the provision of municipal services to the Property, except in compliance with the provisions of A.R.S. § 9-463.06 as in force on the Effective Date. If a subsequent law changes or repeals the standards or language of A.R.S. § 9-463.06, which is set forth on Exhibit E and incorporated herein by this reference, such standards shall continue to apply to the Property except as otherwise required under Applicable Laws.
Anti-Moratorium. The Parties hereby acknowledge and agree that this Insight Agreement contemplates and provides for the development of the Insight Property, and that no moratorium, future ordinance, resolution or other land use rule or regulation imposing a limitation on the conditioning, rate, timing or sequencing of the development of property within the City and affecting the Insight Property or any portion thereof shall apply to or govern the development of the Property, whether affecting parcel or subdivision maps, building permits, occupancy permits or other entitlements to use land issued or granted by the City, except as may be necessary to: (i) comply with any state or federal laws or regulations, provided that if any such state or federal law or regulation prevents or precludes compliance with any provision of this Insight Agreement, such affected provisions shall be modified as may be necessary to meet the minimum requirements of such state or federal law or regulation; (ii) alleviate or otherwise contain a legitimate, bona fide harmful and noxious use of the Insight Property in which event any ordinance, rule, or regulation to be imposed in an effort to contain or alleviate such harmful and noxious use shall be the most minimal and the least intrusive alternative possible and may be imposed only after public hearing and comment and shall not, in any event, be imposed arbitrarily; or (iii) maintain the City’s compliance with local and state sewage, water systems, air quality and utility regulations. In the event of any such moratorium, future ordinance, resolution or rule or regulation, unless taken by the City as provided under the three exceptions contained above, Insight shall continue to be entitled to apply for and receive approvals as contemplated by this Insight Agreement and in accordance with the Applicable Development Rules.
Anti-Moratorium. The parties hereby acknowledge and agree that this Agreement contemplates and provides for the development of the Planned Community and that no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the conditioning, rate, timing or sequencing of the development of the property or any portion thereof shall apply to or govern the development of the property, whether affecting the subdivision map, building permits, occupancy permits or other entitlements to use land issued or granted by the County, except as may be necessary to:
Anti-Moratorium. The Parties agree that unless otherwise stated herein, no moratorium or future ordinance, resolution or other land use rule or regulation imposing a limitation on the construction, rate, timing or sequencing of the development of Property including those that affect parcel or subdivision maps, building permits, occupancy permits or other entitlements to use land that are issued or granted by the City shall apply to the development of the Union Village Project or any portion thereof. Notwithstanding the foregoing, the City may adopt ordinances that are necessary to: (i) comply with any state or federal laws or regulations; (ii) alleviate or otherwise contain a legitimate, bona fide harmful and noxious use of the Project, in which event the ordinance shall contain the most minimal and the least intrusive alternative possible and may be imposed only after public hearing and comment and shall not, in any event, be imposed arbitrarily; or (iii) maintain the City's compliance with non-City and state sewerage, water systems and utility regulations. In the event of any such moratorium, future ordinance, resolution or rule or regulation, unless taken by the City as provided under the three exceptions contained above, Developer shall continue to be entitled to apply for and receive approvals as contemplated by this Agreement and in accordance with the Applicable Rules.
Anti-Moratorium. The Parties hereby acknowledge and agree that the development of the Property will be phased and that, for the term of this Agreement, no moratorium shall be imposed except as permitted by A.R.S. § 9-463.06 in effect on the Effective Date. The Parties agree that if a subsequent law changes or repeals the standards or language of A.R.S. § 9 463.06, which is set forth on Exhibit C and incorporated herein by this reference, such standards shall continue to apply to the Property. Any future City Rules imposing a limitation on the rate, timing or sequencing of the development of property shall meet the requirements set forth on Exhibit C.
