It is the purpose and intent of this chapter to provide a land use control option and to allow for the adoption of development agreements between the county and one or more property owners to fully achieve the goals and policies of the Iron County general plan.

(Ord. 165 § 1 (part), 2000)

At the full discretion of the board of county commissioners, the county may, but under no circumstances is it 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 board of county commissioners, or the board of county commissioners' designee(s) is authorized to negotiate development agreements on behalf of the county.

(Ord. 165 § 1 (part), 2000)

All development agreements found to be required to advance the policies of the county, and negotiated and drafted by the board of county commissioners, or the board of county commissioners' designee(s), shall be reviewed and recommended by the planning commission, and reviewed and approved by the board of county commissioners before taking effect. The procedures for consideration of a development agreement shall be identical to those required for an amendment to the Iron County general plan, as required by Section 17-27 et seq., Utah Code Annotated, 1953, as amended, including the conduct of required public hearings. Any amendment to an adopted development agreement shall be considered and approved by the board of county commissioners by following the procedures and requirements for the adoption of the development agreement in the first instance. The Iron County board of county commissioners shall consider and authorize all development agreements, or amendments thereto by this chapter.

(Ord. 165 § 1 (part), 2000)

A.

The board of county commissioners, following the receipt of a planning commission's recommendation, may authorize and approve a development agreement upon the following findings:

1.

The development agreement has been reviewed and considered by the county in accordance with the requirements of this chapter.

2.

The area proposed to be covered by the development agreement is of sufficient size to facilitate and allow the proposed development.

3.

The proposed development agreement advances policies, implements goals, or achieves other desired results not generally available under the other implementation strategies of the county.

4.

The proposed development to which the development agreement pertains is in conformity with the Iron County general plan, zoning ordinance, public improvement requirements, construction standards and all other applicable requirements, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 17-27a-502 (U.C.A.), including a review and recommendation from the planning commission and a public hearing.

5.

The proposed development contains outstanding features which advance the goals and policies of the Iron County general plan.

6.

The development proposed under the terms of the development agreement provides amenities and features which add to the quality of the area in which the development is proposed, or the property owner 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.

B.

A development agreement approved pursuant to this chapter and the development authorized therein shall be found by the board of county commissioners to be consistent with the Iron County general plan. An approved development agreement may contain, but shall not be limited to the following, as applicable:

1.

A legal description of the lands subject to the agreement;

2.

The names of all persons and parties having a legal or equitable ownership interest in the lands under the agreement;

3.

The duration of the development agreement;

4.

The uses permitted, including the approval procedures and development requirements and regulations, including lot sizes, maximum densities, building heights, setback, landscaping and parking requirements and other requirements as required by the planning commission or board of county commissioners;

5.

A description of the public facilities, amenities and services to be provided, and the date for their provision, and any requirements to ensure the provision of such facilities, amenities and services;

6.

A description of any reservations and dedications, conditions or restrictions necessary to find that the proposed development is consistent with the Iron County general plan;

7.

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;

8.

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.

(Ord. 165 § 1 (part), 2000)

(Ord. No. 2024-3, § 1, 5-13-2024)

The board of county commissioners, or the board of county commissioners' designee(s), shall review all terms and conditions of a development agreement, as necessary, to determine that all requirements of the development agreement are being complied with. In the event the board of county commissioners, or the board of county commissioners 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 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 Iron County general plan and Iron County zoning ordinance.

(Ord. 165 § 1 (part), 2000)

(Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)

A development agreement may be amended from time to time by the mutual consent of the parties thereto. Any amendment to an adopted development agreement shall be considered and approved by the board of county commissioners by following the procedures and requirements for the adoption of the development agreement in the first instance. The board of county commissioners shall consider and authorize all development agreements, or amendments thereto by this chapter.

(Ord. 165 § 1 (part), 2000)

A development agreement shall provide requirements for the assignment of a development agreement. Such requirements shall identify that all proposed assignments of a development agreements, including any of its provisions, terms or conditions, shall be subject to review by the board of county commissioners. A development agreement shall provide that the rights of the county, provided by a development agreement shall not be assigned.

(Ord. 165 § 1 (part), 2000)

Not later than twenty-one days after the adoption by the board of county commissioners and execution of a development agreement, or amendments thereto, the county clerk shall record an original copy of the development agreement to the Iron County recorder. The recorded document shall be considered the original and official development agreement. The county clerk shall provide copies of the recorded agreement to all parties thereto and maintain a copy in the official records of the county. The applicant for a development agreement shall bear any expenses incurred in the recordation of a development agreement.

(Ord. 165 § 1 (part), 2000)

Except as expressly provided, a development agreement shall create no rights enforceable by any individual or party, who is not a party to the development agreement.

(Ord. 165 § 1 (part), 2000)