13.08.010 ADMINISTRATION: Development Agreements

1. At the full discretion of the Sanpete County Board of County Commissioners, the County may, but under no circumstances is required, to enter into a development agreement with an applicant for development approval. The development agreement shall constitute a binding contract between the County and the applicant and shall contain those terms and conditions agreed to by the County and the applicant. The Sanpete County Board of County Commissioners, or their designee(s), are authorized to negotiate development agreements on behalf of the County. 2. All development agreements found to be required to advance the policies of the County, and negotiated and drafted by the Sanpete County Board of County Commissioners, or their designee(s), shall be reviewed and recommended by the Planning Commission, and reviewed and approved by the Sanpete County Board of County Commissioners before taking effect. 3. The procedures for consideration of a development agreement shall be identical to those required for an amendment to this title, including the conducting of a public hearing. Any amendment to an adopted development agreement shall be considered and approved by the Sanpete County Board of County Commissioners by following the procedures required for the adoption of the development agreement. 4. Criteria For Entering Into A Development Agreement. The Sanpete County Board of County Commissioners, following the receipt of the Planning Commission’s recommendation, may authorize and approve a development agreement upon the following findings: a. The development agreement has been reviewed and considered by the County in accordance with the requirements of this title. b. The area proposed to be covered by the development agreement is of sufficient size to facilitate and allow the proposed development. c. The proposed development agreement advances policies, implements goals, or achieves other desired results not generally available under the other implementation strategies of the County. d. The proposed development to which the development agreement pertains is in conformity with the County’s adopted General Plan, land use ordinance, public improvement requirements, construction standards, and all other applicable requirements. e. The proposed development contains outstanding features which advance the goals, policies, and objectives of the County’s adopted General Plan. f. The development proposed under the terms of the development agreement provides amenities and features which add to the quality of life in the area in which the development is proposed, or the applicant agrees to contribute facilities and improvements which exceed the requirements of the County and which advance the provision of desired facilities and improvements within the County. 5. Contents Of A Development Agreement. As applicable, an approved development agreement may contain, but shall not be limited to the following: a. A legal description of the land(s) subject to the agreement; b. The names of all persons and parties having a legal or equitable ownership interest in the land(s) under the agreement; c. The duration of the development agreement; d. The uses permitted, including the approval procedures and development requirements and regulations, including lot sizes, maximum densities, building heights, setbacks, landscaping, parking, and other requirements as recommended by the Planning Commission or required by the Sanpete County Board of County Commissioners; e. A description of the public facilities, amenities, and services to be provided, including the date for their provision, and any applicable requirements to ensure the provision of such facilities, amenities, and services; f. A description of any reservations and dedications, conditions or restrictions necessary to find that the proposed development is consistent with the County’s adopted General Plan; g. A statement indicating the required monitoring of the agreement, and the actions available to the parties thereto to ensure compliance with the terms of the agreement; and h. A statement that the rights and obligations of the development agreement shall be binding upon all successors in interest to the parties to the development agreement. 6. Monitoring. The Sanpete County Board of County Commissioners, or their designee(s), shall review all terms and conditions of a development agreement at least annually to determine that all requirements of the development agreement are being complied with. In the event the Sanpete County Board of County Commissioners, or their designee(s) finds, on the basis of evidence presented, that there has been a failure to comply with the terms of a development agreement, the development agreement may be enforced under the terms of the agreement, or as allowed by federal and state law, or revoked or modified by the Sanpete County Board of County Commissioners upon giving written notice to the parties thereto and providing a public hearing, complying with the notice requirements for an amendment to the development agreement. 7. Assignment Of A Development Agreement. A development agreement shall provide requirements for the assignment of a development agreement. Such requirements shall identify that all proposed assignments of a development agreement, including any of its provisions, terms or conditions, shall be subject to review by the Sanpete County Board of County Commissioners. A development agreement shall provide that the rights of the County, provided by a development agreement shall not be assigned. 8. Recording. Not later than twenty-one days after the adoption of the development agreement by the Sanpete County Board of County Commissioners and execution of a development agreement, or amendments thereto, the County shall record an original copy of the development agreement with the office of the County Recorder. The recorded document shall be considered the original and official development agreement. The County Recorder shall provide copies of the recorded agreement to all parties thereto and shall maintain a copy in the official records of the County. The applicant for a development agreement shall bear any expenses incurred during the recordation of a development agreement. 9. Third Party Rights. Except as expressly provided, a development agreement shall create no rights enforceable by an individual or party who is not a party to the development agreement.