A. Authority: The county may, but under no circumstances is it required to, enter into a development agreement with a property owner or applicant for development approval. The county, at its sole discretion, may opt to use a development agreement when it determines that such an approach to development promotes and protects the public health, safety and general welfare. Development agreements shall be used to implement a rezone under a Master Planned Development, as indicated in section 11-4-12 of this title.
B. Binding Agreement: Whenever the county opts to enter into a development agreement, the agreement shall constitute a binding contract between the applicant and the county. It shall contain those terms and conditions agreed to by the applicant and the county. The agreement shall describe all limitations, restrictions and parameters associated with the development of the subject property. The agreement shall describe all processes and procedures for obtaining final approval and building permits. The agreement shall not allow the sale or transfer of individual parcels or components of the entire project unless specifically provided for in the agreement or as otherwise allowed under state law.
C. Effect Of Approval: Upon approval of the development agreement, it shall constitute a vested right in the specific terms and proposals for a period of five (5) years from the date of the approval, or longer when specifically allowed in the agreement, subject to any conditions agreed to and incorporated into the agreement.
D. Criteria For Approval: The criteria for approval are as follows:
1. The development agreement has been duly adopted in accordance with the provisions stated in this section.
2. The development agreement includes written consent by each landowner whose properties are included within the area described.
3. The county council, after receipt of a recommendation from the planning commission and review and consideration of the development agreement, finds that the specific proposals, terms and conditions contained in the agreement are consistent with the intent of the general plan, result in benefits to the general public that would not otherwise occur under the literal application of this title, and provides a more flexible way to more effectively protect the health, safety and general welfare of the public. (Ord. 799, 3-6-2012)
4. Development allowed under a development agreement shall comply with the development evaluation standards in chapter 2 of this title, the infrastructure standards in this chapter, and all other criteria described in section 11-4-12 of this title.
5. When appropriate, based on the size of the project, the landowner or applicant agrees to, at a minimum, contribute all capital improvements and facilities necessary to mitigate the impacts of the project on the county and special districts.
6. The landowner or applicant will mitigate all fiscal impacts on the general public.
7. Development shall not be permitted to create unacceptable construction management impacts.
8. While a creative approach to the development and use of the land and related physical facilities may be allowed by a development agreement, all development approved in the agreement shall meet or exceed development quality objectives of this title, and the development quality and objectives described in title 10 of this code when the proposed development is adjacent to the Snyderville Basin planning district. (Ord. 799, 3-6-2013)
9. The development shall be consistent with the goal of orderly growth and minimize construction impacts on public infrastructure within eastern Summit County.
10. The development shall protect life and property from natural and manmade hazards.
11. The development shall prevent harm to neighboring properties and lands, including nuisances.
E. Procedure For Approving Agreements: All development agreements shall be reviewed and approved in accordance with the procedures for a Master Planned Development, as described in section 11-4-12 of this title. (Ord. 708, 12-10-2008; amd. Ord. 931, 10-13-2021)