A. Purpose: A development agreement may be negotiated and executed between a developer and the City to set forth the specific requirements, elements and any other aspects of a development.
B. Initiation: A complete application shall be submitted to the Office of the Zoning Administrator in a form established by the Administrator, along with any fees established by the City's schedule of fees. The application shall include a copy of the proposed development agreement and any related exhibits.
C. Procedure: All development agreements, upon proper execution, shall be recorded with the respective County Recorder's Office, shall run with the land, and shall be binding on all successors in the ownership of the affected property. A development agreement shall contain, at a minimum, the following:
1. A legal description of the land subject to the development agreement.
2. The restrictions or conditions to be attached to the property including development standards and the provision of public facilities.
3. The configuration of the project as shown on a project master plan.
4. A statement of the benefits and value the development agreement will have for the City as a whole, including, but not limited to, assurances of design standards, dedication and improvement of open space, parks, trails, amenities, or infrastructure such as public rights-of-way or utilities.
5. The time frames for performance by the parties.
6. A description of the various City approvals required before the commencement of construction and other procedures that will be required after approval of the development agreement.
7. Provisions for enforcement of the terms and conditions of the development agreement.
8. Provisions for making amendments to the development agreement.
9. The time limitation of the agreement.
10. Such other terms as may be proposed and agreed to between the City and developer or subdivider.
D. Limitations:
1. A development agreement under this section may not:
a. Limit the City’s authority in the future to:
i. Enact a land use regulation; or
ii. Take any action allowed under Utah Code Annotated Section 10-8-84, as amended;
b. Require the City to change the zoning designation of an area of land within the City in the future; or
c. Contain a term that conflicts with, or is different from, a standard set forth in an existing land use regulation that governs the area subject to the development agreement, unless the city council approves the development agreement in accordance with the same procedures for enacting a land use regulation under Utah Code Annotated Section 10-9a-502, including a review and recommendation from the planning commission and a public hearing.
2. The City may not require a development agreement as the only option for developing land within the City.
3. To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by;
a. Utah Code Annotated 10-9a-530, as amended; and
b. Applicable land use regulations of this Title.
E. Expiration: A development agreement shall be signed and notarized by all parties, and recorded in the relevant county recorder's office within one (1) year from the date of City Council approval or it will be void. Prior to the expiration of the one-year period, an applicant may submit a written request with the community development department, for an extension of up to six (6) months. Approval of this extension may only be granted by the City Council provided the applicant can meet the requirements for extension under section 9-5-030 and demonstrate substantial action toward execution of the agreement.
(Ord. 1199, 5-17-2016; amd. Ord. 1408, 10-15-2019; Ord. 1488, 5-4-2021; Ord. 1498, 8-3-2021; Ord. 1498, 8-3-2021)