7.1.A.

Short title. This article shall be known as the "Martin County Development Agreement Ordinance."

7.1.B.

Authority. The Board of County Commissioners of Martin County has the authority to adopt this article pursuant to article VIII, section 1, Florida Constitution, F.S. § 125.01 et seq., F.S. § 163.3161 et seq., and F.S. § 163.3220 et seq.

7.1.C.

Application. This article shall apply to all development in the total unincorporated area of Martin County.

(Code 1974, § 23-201; Ord. No. 394, § 1, 4-9-1991)

7.2.A.

Implementation of Comprehensive Growth Management Plan. This article is intended to implement and be consistent with the Martin County Comprehensive Growth Management Plan.

7.2.B.

Development agreement to ensure compliance with Comprehensive Growth Management Plan. The objective of this article is accomplished by authorizing development and agreements to be entered into between a developer and Martin County pursuant to the terms of this article to ensure the adequacy of public facilities and sound capital improvement planning, while providing certainty in the process of obtaining development approval and reducing the economic costs of development by providing greater regulatory certainty.

7.2.C.

Minimum requirements. The provisions of this article, in their interpretation and application, are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this article. Nothing in this article shall be interpreted as characterizing a development agreement as anything other than a discretionary, bilateral contract between the County and the developer with consideration given by both parties to the contract.

(Code 1974, § 23-202; Ord. No. 394, § 2, 4-9-1991; Ord. No. 432, pt. 1, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aggrieved or adversely affected person means any person or local government which will suffer an adverse effect to an interest protected or furthered by the Martin County Comprehensive Growth Management Plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large, but must exceed in degree the general interest in common good shared by all persons. The term includes the owner, developer, or applicant for a development order.

CIE facility commitment development agreement means a development agreement approved pursuant to the provisions of this article which reserves capacity for category A and C public facilities and is required pursuant to the APFO reservation standards of either section 5.32.D.3.a(1)(e), a(3)(e), a(5)(b), b(1)(e), b(3)(e), c(1)(e), d(1)(e), e(1)(e) and/or f(1)(e). The agreement incorporates the standard certificate of public facilities reservation, and contains a contractual commitment by Martin County, subject to conditions noted therein, to timely fund and construct a CIE improvement consistent with section 5.32.D.6 of the Martin County Adequate Public Facilities Ordinance.

CIE ordinance update development agreement means a development agreement approved pursuant to the provisions of this article which reserves capacity for all category A and C public facilities and is required pursuant to the APFO reservation standards of either section 5.32.D.3.a(1)(f), a(3)(f), b(1)(f), b(3)(f), d(1)(f), e(1)(f) and/or f(1)(f). The agreement incorporates the standard certificate of public facilities reservation and provides financial security for one or more category A or C public facilities to be provided by the applicant. The facilities secured by a CIE ordinance update development agreement are currently included in the CIE but are being modified as to facility timing, cost, or funding source. Such an agreement shall be processed concurrent with an ordinance amending the CIE and shall not be effective until an ordinance amending the CIE is adopted which modifies the facility, cost, and timing and shows the facility as developer funded. A development agreement is not required when a developer is providing an operation improvement.

CIE plan amendment development agreement means a development agreement approved pursuant to the provisions of this article which reserves capacity for all category A and C public facilities and is required pursuant to the APFO reservation standards of either section 5.32.D.3.a(1)(f), a(3)(f), b(1)(f), b(3)(f), d(1)(f), e(1)(f) and/or f(1)(f). The agreement incorporates the standard certificate of public facilities reservation and provides financial security for one or more category A or C public facilities to be provided by the applicant. The facilities secured by a CIE plan amendment development agreement are not currently in the CIE, and the agreement must be accompanied by a concurrent plan amendment. The agreement shall not be effective until the plan amendment which shows the facility as developer funded is effective. A development agreement is not required when a developer is providing an operational improvement.

Comprehensive Growth Management Plan means the Martin County Comprehensive Growth Management Plan, as amended, when referenced in this article.

Developer means any person, including a governmental agency undertaking any development.

Development means the carrying out of any building activity or mining operation, the making of any material change in the redevelopment or modification of an existing use or appearance of any structure or land which creates additional impacts, and the dividing of land into three or more lots, tracts or parcels (including planned unit developments).

Development agreement means an agreement entered into between Martin County and a person associated with the development of land pursuant to the terms to this article.

Development order means any order granting, denying, or granting with conditions, an application for a building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action of the County having the effect of permitting the development of land.

Land means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Leap-frog developments are developments located beyond the fringe of the urban development where the planned provision of urban services cannot be assured in a cost-effective manner and where community planning goals would be adversely affected.

Operational improvement means a capital cost that does not create additional mandatory public facility capacity or maintain existing capacity of mandatory public facilities. An operational improvement is an improvement that would not be considered a capital improvement under definition of capital improvement in the Martin County Comprehensive Growth Management Plan.

Public facilities means the capital improvements and systems of each of the following: airport, coastal, corrections, police and law enforcement, fire rescue, emergency shelters, golf courses, libraries, mass transit, miscellaneous, open space/conservation lands, parks and recreation, pedestrian/bicycle and other multimodal pathways, public buildings, public health, roads, schools, solid waste, water management and utilities.

Urban sprawl is a development pattern requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.

(Code 1974, § 23-203; Ord. No. 394, § 3, 4-9-1991; Ord. No. 432, pt. 2, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)

Cross reference— Rules of interpretation, § 1.5.

Editor's note— Ord. No. 1098, pt. 1, adopted February 26, 2019, repealed § 7.4. Former § 7.4 pertained to rules of construction and derived from § 23-204 of the Code of 1974; Ord. No. 394, adopted April 9, 1991; and Ord. No. 432, adopted October 26, 1993.

7.5.A.

Application initiation. An application for a development agreement shall be filed with the County Administrator by the owner or other person having a power of attorney from the owner to make the application. The development review procedures set forth in Article 10, Land Development Regulations, shall be applicable to applications for development agreements except as set forth below.

7.5.B.

Submission, timing, and review of application.

1.

An application for a development agreement shall not be processed unless (1) the application relates to a previously approved development order, (2) the application is concurrent with a request for a development order, (3) the application is concurrent with a request for an amendment to the Comprehensive Growth Management Plan, or (4) a development agreement is required by the Comprehensive Growth Management Plan.

2.

An application for a CIE plan amendment development agreement shall be submitted concurrent with a private Comprehensive Plan amendment application for a change to the CIE pursuant to section 1.11 of the Comprehensive Growth Management Plan and Article 10, Land Development Regulations and shall be processed concurrent with said amendment in accordance with the timeframes and procedures for plan amendments.

7.5.C.

Decision by Board of County Commissioners.

1.

Two public hearings.

a.

If the proposed development agreement is being considered in conjunction with an application for a development order which requires review by the Local Planning Agency, the first public hearing shall be held before the Local Planning Agency, who shall review the application, and proposed development agreement and recommend approval, approval with conditions, or denial. The second public hearing shall be before the Board of County Commissioners, who, shall approve, approve with conditions, or deny the development agreement. The second public hearing shall be a minimum of seven days after the first public hearing. The day, time, and place of the second public hearing shall be announced at the first public hearing.

b.

In all other instances, both public hearings shall be held by the Board of County Commissioners. The second public hearing shall be a minimum of seven days after the first public hearing. The day, time, and place of the second public hearing shall be announced at the first public hearing. At the conclusion of the second public hearing, the Board of County Commissioners shall, approve, approve with conditions, or disapprove the development agreement.

2.

Notice.

a.

General requirement. Notice of public hearings regarding development agreements shall be published at least seven days prior to the date of the public hearing in a newspaper of general circulation in Martin County, as defined in F.S. ch. 50 and consistent with the provisions of F.S. chs. 125, 163 and 286. The notice of a public hearing regarding development agreements shall be mailed at least 14 calendar days prior to the public hearings by the applicant to all owners of real property located within a distance of 500 feet of the boundaries of the affected property. For development parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to 1,000 feet. In addition, notice shall be mailed to all homeowner associations, property owners associations, condominium associations and the owners of each condominium unit within the notice area.

b.

Form. The form of the notices of intention to consider adoption of a development agreement shall specify:

(1)

Time and place. The time and place of each hearing on the application;

(2)

Location. The location and acreage of the land subject to the proposed development agreement;

(3)

Uses and intensities. The development uses proposed on the property, total units and/or square footage, gross residential density and height;

(4)

Where copy can be obtained. Instructions for obtaining further information regarding the application and proposed development agreement, including where a copy of the proposed development agreement can be obtained.

(Code 1974, § 23-205; Ord. No. 394, § 5, 4-9-1991; Ord. No. 432, pt. 4, 10-26-1993; Ord. No. 867, pt. 1, 6-22-2010; Ord. No. 1098, pt. 1, 2-26-2019)

A development agreement shall, at a minimum, include the following provisions:

7.6.A. Legal description, acreage and owner. A legal description of the land subject to the development agreement, acreage and the names of the legal and equitable owners.

7.6.B. Duration and development timing. The duration of the development agreement shall not exceed 30 years; provided, however, that no development agreement may reserve capacity for category A and C public facilities for more than five years at a time.

7.6.C. Uses, densities, intensities and height. The development uses permitted on the land, total units and/or square footage, gross residential density and height. When the proposed development agreement is approved concurrent with or following the approval of a development order, a copy of the development order shall be attached as an exhibit to the development agreement.

7.6.D. Land use designation. The land use designation of the property under the Future Land Use Element of the Comprehensive Growth Management Plan.

7.6.E. Zoning district designation. The current zoning district designation of the land subject to the development agreement.

7.6.F. Public facility adequacy. A description of public facilities that will service the development, including who shall provide such facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impact of the development.

7.6.G. Reserved.

7.6.H. Reservation or dedication of land. A description of any reservation or dedications of land for public purposes.

7.6.I. Local development permits. A description of all local development permits approved or needed to be approved for development of the land, specifically, to include at least the following:

1.

Any required amendments to the Comprehensive Growth Management Plan.

2.

Any required amendments to the Land Development Regulations.

3.

Any required amendments to the official zoning atlas.

4.

Any development permits required by the Land Development Regulations.

5.

Any permits or approvals from regional, State or federal governments.

7.6.J. Reserved.

7.6.K. Consistency with Comprehensive Growth Management Plan. A finding that the development permitted or proposed in the development agreement is consistent with the Comprehensive Growth Management Plan.

7.6.L. Consistency with Land Development Code. A finding that the development permitted or proposed in the development agreement is consistent with County's Land Development Regulations.

7.6.M. Compliance with laws not identified in development agreement. A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions, and that any matter or thing required to be done under existing ordinances of Martin County shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in the development agreement with specific reference to the provisions so waived, modified or amended. In no event shall delay in obtaining permits from other agencies be deemed as automatically requiring an extension of time to obtain Martin County development orders or a development agreement with Martin County, nor shall such delay be interpreted as requiring an extension of time to any existing development order or development agreement.

7.6.N. Financial assurance and refund. If relevant and appropriate, the necessary bonds and sureties for the construction of public facilities, impact fees or other contributions to ensure any public facilities are provided pursuant to the terms of the development agreement and Article 5, Land Development Regulations. Additionally, if relevant and appropriate, any provision governingthe refund of financial assurances consistent with if the development agreement is modified or revoked.

7.6.O. Breach. The terms and conditions that govern a breach of the development agreement. All costs incurred by the County for breach proceedings shall be paid by the developer. If such costs are not paid, the County is empowered to place a lien against the property in the amount of the unpaid costs. A development agreement approved pursuant to this article shall include a breach section in substantially the following form:

Upon the developer's material breach of the terms and conditions of this agreement, the County may serve written notice on the developer of the date and place of a public meeting to allow the developer an opportunity to explain the reasons for the breach and to propose a method of fulfilling the agreement's terms and conditions. The County may, in its sole discretion, allow the developer an opportunity to negotiate an amendment to this agreement to cure the breach. After notice as set forth above, all further development approvals shall be withheld for the project until such time as the obligations of this agreement are fulfilled or until such time as the County has pursued to completion all remedies available to it in the event of a breach.

The following events are considered a material breach of this agreement: A failure to complete all development specified in the agreement by the termination date; a failure to strictly comply with all conditions of this agreement; failure to provide or maintain financial assurances required under this agreement; failure to make required dedications; or any other material violation of any of the terms and conditions contained in, incorporated in, or referenced in this agreement.

Except as provided in section 7.16, this provision shall not be interpreted to provide an exclusive remedy, and either party may pursue any appropriate remedy at law or equity in the event the other party or its successors in interest fail to abide by the provisions of this agreement.

7.6.P. Conditions necessary to ensure compliance with Code and plan. Such conditions, terms, restrictions or other requirements determined to be necessary by the Board of County Commissioners to ensure compliance with the County's Land Development Regulations and consistency with the Comprehensive Growth Management Plan.

(Code 1974, § 23-206; Ord. No. 394, § 6, 4-9-1991; Ord. No. 432, pt. 5, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)

7.7.A.

Description. A decision to enter into a CIE plan amendment development agreement or a CIE ordinance update development agreement is a decision to amend the County's CIE and show one or more category A or C public facilities as developer funded. A decision to enter into a CIE facility commitment development agreement is a decision to make a contractual commitment with a developer to fund an improvement shown in the CIE and not to remove or delay the facility except in specified situations. Because a decision to amend the CIE or to contractually commit to a CIE improvement is a broad decision about when and where the County is directing its resources to address the orderly and cost-effective development of the urban service districts and concurrency on a County-wide basis, the focus of the decision to enter into a development agreement is broader than simply whether the agreement provides a means for a specific project to address concurrency. Accordingly, when deciding whether to enter into a CIE facility commitment development agreement, CIE plan amendment development agreement or CIE ordinance update development agreement, the following CIE concerns shall be addressed.

7.7.B.

Principles for approval or disapproval of a CIE facility commitment, CIE plan amendment development agreement or CIE ordinance update development agreement. In addition to satisfying the requirements for the issuance of a certificate of public facilities reservation in section 5.32.D, a development agreement approved by the Board of County Commissioners or a resolution denying a proposed development agreement shall at a minimum address the following areas with specific findings included in the staff report prepared by the Growth Management Department.

1.

An analysis of all mandatory public facilities, including whether the agreement relies on a facility or facilities planned in the CIE to pass the reservation tests in section 5.32.D.3.

2.

An analysis of the improvement to be added into the CIE or expedited in the CIE and secured by the development agreement or contractual commitment to an improvement in the CIE, in relation to the CIE priority listed in section 14.4.A.1.j, Martin County Comprehensive Growth Management Plan. The priority list reads as follows:

Policy: Capital improvements within a type of public facility are to be evaluated on the following criteria and considered in the order of priority listed below. Any revenue source that cannot be used for a high priority facility will be used beginning with the highest priority for which the revenue can legally be expended.

(1)

Repair, remodeling, renovation, or replacement of obsolete or worn-out facilities that contribute to achieving or maintaining standards for levels of service adopted in this Comprehensive Growth Management Plan.

(2)

New or expanded facilities that reduce or eliminate deficiencies in levels of service for existing demand.

(3)

New public facilities, and improvements to existing public facilities, that eliminate public hazards not otherwise eliminated by improvements prioritized according to subsections (1) through (3) above.

(4)

New or expanded facilities that provide the adopted levels of service for new development and redevelopment during the next five fiscal years, as updated by the annual review of this Capital Improvements Element. The County may acquire land or right-of-way in advance of the need to develop a facility for new development. The location of facilities constructed pursuant to this subsection shall conform to the Future Land Use Element, and specific project locations shall serve projected growth areas within the allowable land use categories. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve:

(a)

Previously approved orders permitting redevelopment;

(b)

Previously approved orders permitting new development;

(c)

New orders permitting redevelopment; and

(d)

New orders permitting new development.

(5)

Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility, or otherwise mitigate impacts of public facilities on future operating budgets.

(6)

New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either:

(a)

Providing excess public facility capacity that is needed by future growth beyond the next five fiscal years; or

(b)

Providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities.

(7)

Facilities not described in subsections (1) through (6) above, but which the County is obligated to complete, provided that such obligation is evidenced by a written agreement the County executed prior to November 1, 1989.

(8)

All facilities scheduled for construction or improvement in accordance with this policy shall be evaluated to identify any plans of State agencies or the South Florida Water Management District that affect, or will be affected by, the proposed County capital improvement.

(9)

Project evaluation may also involve additional criteria that are unique to each type of public facility, as described in other elements of this Comprehensive Growth Management Plan.

3.

An analysis of the improvement to be added into the CIE or expedited in the CIE and secured by the development agreement or contractual commitment to an improvement in the CIE, relative to whether it serves other properties and projects, in addition to the development order which accompanies the agreement, in the general area of the improvement.

4.

An analysis of all mandatory public facilities (category A and C public facilities) necessary to accommodate increased growth in the general area of the facility to be added into the CIE or expedited in the CIE, or contractual commitment to an improvement in the CIE, relative to whether the facilities are available, programmed or planned in the CIE. The examination is not whether the impacts of the proposed development order accompanying the development agreement are addressed, but rather whether the growth impacts on the area surrounding the facility to be added into the CIE, or expedited in the CIE and secured by the development agreement have been considered such that the full complement of mandatory public facilities are available, programmed or planned to accommodate the growth caused by the secured improvement.

5.

No improvement shall be added to the CIE or expedited in the CIE or committed to in the CIE if the effect of the facility will be to cause prohibited urban sprawl or leap-frog development.

6.

No improvement shall be added to the CIE or expedited in the CIE or committed to in the CIE if the effect will be to cause an inefficient provision of public facilities.

7.7.C.

Additional minimum requirements. A CIE plan amendment development agreement and CIE ordinance update development agreement shall, at a minimum, include the following provisions:

1.

A development agreement is required by the APFO reservation standards of sections 5.32.D.3.a(1)(e), (f), a(3)(e), (f), a(5)(b), b(1)(e), (f), b(3)(e), (f), c(1)(e), d(1)(e), (f), e(1)(e), (f), and f(1)(e), (f). Therefore, a CIE plan amendment, CIE ordinance update development agreement does not simply secure a public facility to be provided by the applicant, it reserves capacity for all category A and C public facilities with appropriate financial assurances for all facilities in accordance with the APFO. A development agreement cannot not [sic] be used solely for the purpose of passing the concurrency evaluation test of section 5.32.C.

2.

A contract for construction of required concurrency improvements shall be an exhibit to the agreement. The contract shall address the technical and engineering standards to which the required category A and C public facility shall be built.

3.

The financial security for the improvement to be provided by the applicant must meet the following standards:

a.

Security must be submitted in the standard form approved by resolution of the Board of County Commissioners pursuant to this article.

b.

The issuing financial institution must be an approved depository as listed by the State of Florida.

c.

Security must represent no less than 110 percent of a certified engineer's cost estimate for each of the required category A or C improvement(s).

d.

For each year beyond the first year the improvement is secured an additional ten percent security shall be provided.

e.

The expiration date for the security shall be no less than three months beyond the date the facility is to be completed.

f.

If provided for security, letters of credit must be clean, standby, and irrevocable.

g.

Separate security must be provided for each facility to be provided by the applicant.

h.

Security shall be callable if the project fails to meet the timetable for the construction of the improvement or in the event a timetable of the development is extended and the County or others have relied on the improvement being constructed as set forth in the original approval.

i.

Credits or cost reimbursement shall be governed by the appropriate impact fee ordinance, utility agreements, and APFO in effect at the time the credit is requested.

j.

An administrative fee, based on the cost of County contract and security administration, shall be paid by all applicants using this option. The Board of County Commissioners may establish this fee by resolution.

4.

If the development agreement reserves capacity for more than one phase, or less than the entire project has reserved capacity, the phases of the project must be geographically discrete and independent such that each phase can stand on its own and does not require the approval of a subsequent phase.

7.7.D.

Additional minimum requirements, CIE facility commitment development agreement.

1.

A CIE facility commitment development agreement shall reserve capacity for all category A and C public facilities with appropriate financial assurances for all facilities in accordance with the APFO.

2.

If the development agreement reserves capacity for more than one phase, or less than the entire project has reserved capacity, the phases of the project must be geographically discrete and independent such that each phase can stand on its own and does not require the approval of a subsequent phase.

(Code 1974, § 23-207; Ord. No. 432, pt. 6, 10-26-1993)

Editor's note— Ord. No. 1098, pt. 1, adopted February 26, 2019, repealed §§ 7.8—7.10. Former §§ 7.8—7.10 pertained to adoption of standard development agreement forms by resolution and certification of attorney, execution and legislative act, respectively, and derived from §§ 23-208—23-210 of the Code of 1974; Ord. No. 394, adopted April 9, 1991; and Ord. No. 432, adopted October 26, 1993.

7.11.A.

Within 14 calendar days after the County enters into a development agreement, the executed development agreement shall be recorded in the public records of Martin County.

7.11.B.

A development agreement shall not be effective until it is properly recorded in the public records of the County. In addition, no development agreement shall be effective or implemented by Martin County unless the Comprehensive Growth Management Plan amendment implementing or relating to the agreement is found in compliance in accordance with F.S. § 163.3184, 163.3187, or 163.3189, as amended.

(Code 1974, § 23-211; Ord. No. 394, § 7, 4-9-1991; Ord. No. 432, pts. 6, 7, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)

7.12.A.

Martin County's laws and policies set down in the development agreement as governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement, except that Martin County may apply subsequently adopted laws and policies to a development that is subject to a development agreement if the Board of County Commissioners holds a public hearing pursuant to the requirements of this article and determines any one of the following:

1.

The laws and policies are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement;

2.

The laws and policies are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

3.

The laws and policies are specifically anticipated and provided for in the development agreement;

4.

Martin County demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

5.

It is demonstrated that the development agreement is based on substantially inaccurate information supplied by the developer.

7.12.B.

Reserved.

(Code 1974, § 23-212; Ord. No. 394, § 10, 4-9-1991; Ord. No. 432, pt. 6, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)

7.13.A.

Annual review. The Board of County Commissioners shall review the development subject to the development agreement every 12 months, commencing 12 months after the Board of County Commissioners' approval date of the development agreement.

7.13.B.

Initiation. The annual review shall be initiated by the developer submitting an annual report to the County Administrator. The initial annual report shall be submitted by the developer 11 months after the effective date of the development agreement, and every 12 months thereafter.

7.13.C.

Compliance. If the County Administrator finds and determines that the developer has complied in good faith with the terms and conditions of the development agreement during the period under review, the review for that period is concluded.

7.13.D.

Failure to comply. If the County Administrator makes a preliminary finding that there has been a failure to comply with the terms of the development agreement, the Board of County Commissioners shall consider the matter at a public meeting conducted pursuant to Section 7.6.O.

(Code 1974, § 23-213; Ord. No. 394, § 6, 4-9-1991; Ord. No. 432, pt. 9, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)

A development agreement may be amended or canceled by mutual consent of the parties to the development agreement, or by their successors in interest. Prior to amending a development agreement, the Board of County Commissioners shall hold two public hearings on the proposed amendment, consistent with the requirements of section 7.5.H.

(Code 1974, § 23-214; Ord. No. 394, § 12, 4-9-1991; Ord. No. 432, pt. 6, 10-26-1993)

In the event that State and federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties compliance with the terms of the development agreement, such development agreement shall be modified or revoked as is necessary to comply with the relevant State or federal laws. Such modification or revocation shall occur only after the notice and public hearing pursuant to section 7.5.H.

(Code 1974, § 23-215; Ord. No. 394, § 13, 4-9-1991; Ord. No. 432, pt. 6, 10-26-1993)

7.16.A.

Any party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for Martin County to enforce the terms of a development agreement or to challenge compliance of the development agreement with the provisions of this article and the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.).

7.16.B.

In addition, any person who violates this article shall be subject to the enforcement provisions set out in chapter 1, article 4 of the Martin County Code of Ordinances as amended from time to time, and the penalties set forth therein.

7.16.C.

Nothing herein shall constitute an exclusive remedy, and the County reserves the right to pursue any and all legal and equitable remedies in order to abate a violation of this article.

(Code 1974, § 23-216; Ord. No. 394, § 6, 4-9-1991; Ord. No. 432, pt. 10, 10-26-1993; Ord. No. 1098, pt. 1, 2-26-2019)