Discretionary Approvals. Issuance by City of Future Development Approvals shall be governed by the terms of the 2022 Specific Plan and the provisions of this Agreement. Unless modified pursuant to City’s Reservation of Authority set forth in Article 8, the provisions of the 2022 Specific Plan shall in all cases govern with respect to processing and approval of the Development Approvals required for the Project. The issuance of an administrative permit, conditional use permit or site plan and design review approval may result in the imposition of new or amended Conditions of Approval consistent with the requirements of this Agreement and not in conflict with the Development Plan (unless as a result of exercise by City of its Reservation of Authority under Article 8 or agreed to by Developer in writing).
Discretionary Approvals. Applications shall be deemed complete upon Property Owner’s satisfaction of the standards and requirements of the applicable County Code and Zoning Code and such other written requirements of County not in conflict with the provisions of this Agreement. County shall use its best efforts to submit for scheduling for final action before appropriate authority within one hundred twenty (120) days of an application being deemed complete for tentative subdivision maps, conditional use permits, special development permits and variances, and within ninety
Discretionary Approvals. Policy IM-7 In considering proposals to amend the Land Use By-law, amend the zoning boundaries, or enter into development agreements, Council shall consider that:
a) the proposal is consistent with the Vision, Core Concepts, Urban Design Goals, and all applicable objectives and policies set out in the Regional Plan and this Plan; The proposal meets the objectives of the Dartmouth Cove Future Growth Node policies and is consistent with the intent of both the Regional Plan and this SMPS.
b) the proposal is appropriate and not premature by reason of: i) On August 23, 2022 Regional Council approved By-Law D-600, which is a Development Charge By-law to fund the
i) the financial capacity of the Municipality to absorb any costs relating to the development, ii) the adequacy of municipal wastewater facilities, stormwater systems or water distribution systems, iii) the proximity of the proposed development to schools, parks, and community facilities, and the capability of these services to absorb any additional demands, iv) the adequacy of transportation infrastructure for pedestrians, cyclists, public transit and vehicles for travel to and within the development, and v) the impact on registered heritage buildings, heritage streetscapes, and heritage conservation districts; Patuo’qn Street (formally Dundas Street) Extension. The subject property is required to contribute to the cost sharing, as per the formula in the By-law. ii) No concerns were identified regarding the capacity of sewer or water. A detailed review will be completed at the permitting stage and any required upgrades will be the responsibility of the property owner/developer. iii) The site is within the Dartmouth High Family of Schools which, according to the HRCE 2022 Outlook, have capacity. The site is centrally located within greater Downtown Dartmouth with access to recreation facilities, parks, and community facilities. iv) the site is well serviced and in proximity to active transportation, transit, and collector roads/infrastructure. v) There are no heritage resources in proximity to this development.
c) the subject lands are suitable for development in terms of the steepness of grades, soil and geological conditions, locations of watercourses, wetlands, and susceptibility to flooding; No concerns identified. The property will be subject to the coastal elevation, sea level rise, and storm surge provisions of the RCLUB.
d) that development regulations in the proposed rezoning or development agre...
Discretionary Approvals. Grantor and Holder recognize that certain activities by the Grantor may warrant the prior discretionary approval of Holder, and that Holder has the right to issue such discretionary approvals without prior notice to any other party. Nothing in this paragraph shall require either party to agree to any discretionary approval.
Discretionary Approvals. Xxxxx County School District acknowledges that the discretionary approval of the Board of Regents may be required for items set forth herein and that said approvals may include additional terms and conditions not currently contemplated or later determined necessary pursuant to existing financial, legal and contractual obligations of Nevada System of Higher Education.
Discretionary Approvals. 20 Other than the City’s Design Commission design review process, XXX shall be 21 responsible for applying for and obtaining all discretionary Governmental approvals that are 22 necessary for the construction of the Project Improvements and the operation of the Project, if 23 any.
Discretionary Approvals. MGM acknowledges that the discretionary approval of the Board of Regents may be required for items including, but not limited to, changes in program/certificate offerings, costs and fees, and that said approvals may include additional terms and conditions not currently contemplated or later determined necessary pursuant to existing financial, legal and contractual obligations of NSHE.
Discretionary Approvals. To the extent the Master Lease gives Master Landlord the right to approve alterations, expansions, remodeling, or any other requests (other than requests for subleasing and assignment), Subtenant shall deliver such request to Plated and Plated agrees to promptly submit Subtenant’s request for such approvals to the Master Landlord, but Plated makes no representations as to its ability to obtain such approvals. Failure of the Master Landlord to approve any such request shall not constitute a default by Plated hereunder or excuse Subtenant’s performance hereunder. If Master Landlord approves such requests, Plated’s approval shall also be deemed obtained under this Agreement, and if Master Landlord denies such request, approval shall be deemed denied under this Agreement. Plated shall have no liability whatsoever with respect to any alterations, expansions or remodels performed by or on behalf of Subtenant, including, without limitation, any improvements made with the TI Allowance. Without limiting anything herein or in the Master Lease, Subtenant expressly understands that at the end of the Term, it shall be solely responsible for removing all improvements and alterations installed in the Leased Premises in accordance with the terms of the Master Lease.
Discretionary Approvals. All Discretionary Approvals necessary as of such date shall have been granted and/or issued, as applicable, by the applicable Governmental Authority, the same shall be in full force and effect without any pending legal or regulatory challenge thereto, and to the extent requested by Administrative Agent, Administrative Agent shall have received copies of the foregoing certified by an Authorized Officer of Borrower to be true and correct.
Discretionary Approvals. The vested right to develop the Project granted to Owner pursuant to this Agreement may require the Owner seek subsequent discretionary approvals. In reviewing and acting upon these subsequent discretionary approvals, and except as otherwise set forth in this Agreement, the City shall not impose any conditions that preclude the development of the Project for the uses or the density and intensity of use set forth in the Specific Plan. Any subsequent discretionary approvals, including conditional use permits and plot plan approvals, shall become part of the Project Approvals once approved and after all appeal periods have expired or, if an appeal is filed, after the appeal is decided in favor of the approval. In reviewing and approving applications for subsequent discretionary approvals, the City may exercise its discretionary review and may attach such conditions and requirements as may be deemed necessary or appropriate to carry out the policies, goals, standards and objectives of the General Plan and to comply with legal requirements and policies of the City pertaining to such reserved discretionary approvals, so long as such conditions and requirements do not preclude the uses and/or the density and intensity of use set forth in this Agreement and are not inconsistent with the Applicable Rules. The City shall fully comply with the applicable provisions of the Permit Streamlining Act with respect to the review of proposed quasi-judicial permit applications. The City shall process and take final action on Owner’s applications for other Subsequent Project Approvals in accordance with all applicable laws. The City shall employ all lawful actions capable of being undertaken by the City to promptly acknowledge all complete applications for Subsequent Project Approvals and process such applications in accordance with the Applicable Rules. Subsequent Project Approvals for the Project shall not be disapproved, conditioned or delayed by City for reasons inconsistent with the Applicable Rules in effect at the time as a Subsequent Project Approval applicable to the Property is approved by the City in accordance with this Agreement. Any such approval shall become subject to all of the terms and conditions of this Agreement, shall be treated as a Project Approval and shall be vested under this Agreement.
