19.13.07 Development Agreements

1. In General. A development agreement is an enforceable contract between a Developer and the City that runs with the land and is binding on successors, transferees, and assigns. A development agreement shall be required when a provision in this Title 19 requires a development agreement as a condition of approval. Nevertheless, a development agreement is not required when a proposal for development meets all requirements of this Title 19 and the zone in which the property is located as of the date a complete application for preliminary plat or site plan approval is filed and all application fees have been paid. A development agreement may also be desirable when the developer and the City Council determine that additional consideration and benefits are to be obtained by both parties by entering into a development agreement, such as when a developer receives a rezone of property and/or increased density in return for the dedication of land and/or infrastructure above what is required by the development. If a development agreement restricts an applicant’s rights under clearly established state law, the municipality shall disclose in writing to the applicant the rights of the applicant that the development agreement restricts. The City Attorney may provide a standard form for a development agreement that includes many of the most common provisions to facilitate efficiency in the preparation and execution of development agreements. 2. Contents of Development Agreements. Development agreements shall, at a minimum, include the following: a. any condition, requirement, and finding made by the City Council, including required improvements of each phase of development; b. a copy of the Final Plat document, record of survey or legal description, Preliminary Plat and phasing plan, or Site Plan as applicable; c. a description of all required improvements, including parks and trails; d. the following unless contained in a bond agreement under Section 19.12.05: i. a schedule for completion of the required improvements; ii. a process by which the City may, if necessary, complete required improvements using the guarantee provided; e. provisions defining required maintenance activities which include, but are not limited to, general upkeep of landscaping, sidewalks, streets, parks, and utility infrastructure, as well as the repair of such facilities as needed and as may be required by the City. These activities may also be specifically defined in the development agreement; f. a process by which the development agreement may be transferred, with City approval, to the developer’s successors; g. a statement that provides that the development agreement and the vested rights it confers shall be void if the developer breaches the agreement. h. a statement that provides that in the event the developer fails to comply with the terms of the agreement, the City may withhold approval of building permits, certificates of occupancy, and further approvals; i. a statement that provides for the improvement and dedication to the City of trails, bike lanes, rights-of-way, easements, and roads as needed to ensure adequate means of traveling to and from the development; j. declaration of covenants and restrictions, declaration of condominium, if determined to be necessary by the City Attorney; k. applicable Architectural elevation plans if determined to be necessary by the City Attorney; l. special conditions relating to the timing of certain improvements, lot design, performance standards, necessary off-site conditions or improvements, conditions relating to shared open space or parks, special circumstances due to location of utilities, physical characteristics of the subject property, or other conditions identified within the development agreement; and m. any additional requirement that the City Council deems necessary to meet the requirements of this Title and to further the purposes in Utah Code § 10-20101(1). 3. Effect of Development Agreement. The effect of a development agreement is to create vested rights as described in said agreement and to specify the requirements of the development. Subject to constitutional limitations, development agreements do not insulate developments from changes in local, state, or federal law including applicable fire and building codes. 4. Expiration. A Development Agreement shall require Final Plat approval of all subdivisions within ten years, except as otherwise specified by the City Council. 5. Amendment. A Development Agreement may be amended upon agreement of all parties. a. Minor amendment: a minor amendment is an amendment that does not alter the density, amount of open space, or unit type, and may be approved by the City Manager after consultation with the DRC. b. Major amendment: a major amendment is an amendment that alters the density, amount of open space, or unit type, and may be approved by the City Council. 6. Reserved Legislative Powers. Except for the developer’s vested rights, development agreements shall not limit the future exercise of the police powers of the City in enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation, and other land use plans, policies, ordinances, and regulations after the date of the agreement. However, the developer’s vested rights may be affected under facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine as set forth in Western Land Equities, Inc. v. City of Logan, 617 P.2d 388 (Utah 1988), or successor case law or statute. Any such proposed change affecting developers’ vested rights shall be of general applicability to all development activity in City. Unless the City declares an emergency, the developer shall be given prior written notice and an opportunity to be heard with respect to the proposed change and its applicability to the property.