(a) For purposes of this chapter, binding development agreements are defined as agreements voluntarily proffered by applicants proposing a zoning change on a particular property or properties that propose conditions, limitations, or requirements not applicable to all other property in the district to which the particular property or properties is proposed to be rezoned. Binding development agreements may only be utilized in proposals for zoning amendments and may only propose conditions, limitations, or requirements that are more restrictive than those found in the zoning district to which a property or properties is proposed to be rezoned. A binding development agreement may provide for specific conditions of site development or dedications, such as those reflected on site or subdivision plans, but only to the extent that such plans are proposed as part of a proposal for rezoning. Binding development agreements man be either statutory or non-statutory.
(1) Statutory binding development agreements. Statutory binding development agreements are those adopted in accordance with the Florida Local Government Development Agreement Act. F.S. §§ 163.3220 through 163.3243, or as may be amended.
(2) Non-statutory binding development agreements. Non-statutory binding development agreements are those adopted under the authority of the home rule powers of the town under Article VIII, § 2 of the Constitution of the State of Florida and F.S. Ch. 166.
(b) An applicant proposing a zoning change or amendment affecting a particular property or properties may voluntarily proffer conditions, limitations, or requirements not applicable to all other properties in the district to which the particular property or properties is proposed to be rezoned by way of a statutory or non-statutory binding development agreement.
(c) Statutory and non-statutory binding development agreements may be considered by the Planning and Zoning Board and the Town Commission as part of any proposal for zoning change or amendment affecting particular a property or properties.
(d) An approved statutory or non-statutory binding development agreement shall be recorded in the public records of Brevard County, Florida and shall act as a restrictive covenant which runs with the particular property or properties subject to the binding development agreement.
(e) Unless otherwise provided by law, the initial term of a statutory or non-statutory binding development agreement may not exceed 30 years, but may be automatically extended for an unlimited number of successive defined renewal periods upon the mutual consent of the town and the applicant for rezoning at the time of adoption of the binding development agreement after an initial public hearing. A public hearing for the consideration of a binding development agreement man be noticed and held in conjunction with a public hearing for a proposal for rezoning.
(f) Nothing in this section shall obligate the Planning and Zoning Board or Town Commission to consider or approve any proposed binding development agreement. Nor shall this section be interpreted to create any independent cause of action against the Town of Melbourne Beach arising from the denial of a proposed binding development agreement by the Town Commission.
(Ord. 2020-04, adopted 9-16-20)