The city council does hereby exercise its authority as provided by Idaho Code section 67-6511A to establish and provide by this chapter to require or permit as a condition of annexation and zoning or rezoning that an owner or developer make a written commitment concerning the use or development of the real property which is the subject of the request. Development agreements may be initiated upon recommendation by the zoning administrator, the planning and zoning commission, or by the city council. (Ord. 626, 6-11-2007)

Development agreements may be required as a condition of any application for annexation and zoning designation and/or for rezoning when there is a proposed development. (Ord. 626, 6-11-2007)

   (A)   Development agreements shall provide:

      1.   As the parties to the agreement, the city of Cascade and the owner of the real property, and in appropriate circumstances, a developer who has made the application; and

      2.   Conditions governing the use and/or the development of the real property, which conditions are based upon the use and development of the property in accordance with the then currently adopted comprehensive plan and the general standards applicable to zoning amendments; and

      3.   When applicable as a development condition, a compliance period within which the development is to be completed; and

      4.   Provisions for the consent of the owner and/or owner and developer, when appropriate, that the commitment may be terminated and the zoning designation then reversed upon the failure to comply with the requirements in the development agreement after a reasonable time, as determined, and as set forth in the development agreement or as otherwise determined by the city council, and after compliance with the notice and hearing provisions of Idaho Code section 67-6509; and

      5.   Take effect after the adoption by the city council of the zoning ordinance; and

      6.   Be substantially in the form established by council resolution and a copy of which shall be on file in the city clerk's office. (Ord. 626, 6-11-2007)

All development agreements shall be signed by the owner, or the owner and developer, as the case may be prior to the city council's final passage of the zoning ordinance. (Ord. 626, 6-11-2007)

All development agreements shall be recorded by the city clerk with the office of the county recorder in whose boundaries the subject real property is located. (Ord. 626, 6-11-2007)

   (A)   A development agreement can only be modified by permission of the city council after complying with the provisions for the notice and public hearing set forth in Idaho Code section 67-6509.

   (B)   No development agreement may be modified in less than one year unless entered into under a mutual mistake of fact, or there is a complete frustration of purpose by subsequent events, and/or to correct an error or changes in conditions of the immediate area adjacent to the real property subject to the development agreement. (Ord. 626, 6-11-2007)

The zoning administrator, and/or public works director, and the city attorney have the authority to enforce the provisions of development agreements in accordance with the terms and conditions of the development agreement, this chapter, and the laws of the state of Idaho. (Ord. 626, 6-11-2007)

The termination of conditional commitments in a development agreement shall be governed under the provisions governing development agreement modification, and are to be granted only in those circumstances when the conditional commitments are no longer applicable to the use or development of the subject real property.

Upon termination of the development agreement, the property may revert to the zone applicable prior to the adoption of the development agreement or application for rezoning designation change. All uses of the property, which are not consistent with the subsequently applied zone following termination of the development agreement, shall cease. The owner of the parcel may apply for a conditional use of the parcel if such use is a conditional use within the subsequently applied zone. (Ord. 626, 6-11-2007)

Development agreements shall be binding upon subsequent owners and persons acquiring an interest in the subject real property. (Ord. 626, 6-11-2007)