9-11-5 DEVELOPMENT AGREEMENTS

A development agreement may be approved by the Land Use Authority either in connection with the approval of a development permit or as a separate approval at the election of the applicant. The decision by the Town to enter into a development agreement with an applicant is always discretionary; nothing in this code shall be interpreted or construed as requiring the Town to approve a development agreement under any circumstances. There is never an entitlement on the part of the applicant to the approval of a development agreement. (amd. ord. 24-014, 10-8-24) Prior approvals of separate development agreements, regardless of who the applicant was, shall have no bearing on new applications or imply any obligations on the part of the Town with respect to future development. A. Submittal Requirements: A completed application for approval of a development agreement, whether included as part of a development permit application or submitted as a separate application, shall include the following information and documentation: 1. A properly acknowledged letter of authorization from the owner(s) of the land stating consent to proceed with the proposed development agreement and permitting a designated representative to process the application and negotiate terms of the agreement. 2. A narrative description of compliance with the applicable criteria under which the proposed agreement merits consideration. 3. A description of the specific commitments proposed by the applicant as described in section 11-4-3 of this chapter. 4 A draft of the proposed development agreement. 5. Such other reasonable information as the Town Manager or designee may require. (ord. 15-018, 12-8-2015) B. Procedure: Following a receipt of a completed application for a development agreement, the following process will be pursued: 1. Staff Review: Applicable Town Staff shall review the application and determine whether it satisfies the criteria set forth in this chapter. Staff may suggest alterations to the proposed agreement with the applicant prior to forwarding a recommendation to the Planning Commission. 2. Planning Commission Recommendation: The Planning Commission shall review the development agreement and associated application, if applicable, and forward a recommendation to the Land Use Authority. The Planning Commission may suggest alterations to the proposed agreement with the applicant prior to forwarding their recommendations. 3. Land Use Authority Adoption: The Town Council shall review the proposed development agreement, associated application (if applicable) and the Planning Commission’s recommendation and may adopt the development agreement by ordinance. The Town Council may negotiate any alterations to the agreement with the applicant pursuant to the purposes and intents of this chapter prior to adoption. 4. Notice: Required: A development agreement that conflicts with or is different from a standard set forth in this code may only be approved by the Land Use Authority when the procedures used for enacting or modifying a land use regulation are followed, including review and recommendation from the Planning Commission in a duly noticed public hearing. (ord. 15-018, 12-8-2015, amd. ord. 24-014, 10-8-24) C. Recording of Development Agreement: Within thirty (30) days of final adoption of the approving and authorizing ordinance, the applicant shall submit a copy of the approved Development Agreement to the Town for execution by the Town and subsequent recording, together with the required recording fees or it shall be considered null and void. The Development Agreement shall become effective upon recordation. (ord. 15-018, 12-8-2015, amd. ord. 24-014, 10-8-24)