This chapter establishes the procedures and standards by which the county may consider and approve development agreements. A development agreement adopted and executed by the BOCC and the applicant pursuant to this chapter may:

   A.   Provide additional specificity of the applicable land use requirements and regulations for the subject property by providing a development plan, additional requirements and standards, and other provisions related to the development of the subject property.

   B.   Extend and provide for additional enforcement actions not provided by the county's land use ordinances, as may be agreed to by the BOCC and the owner.

   C.   Provide for the provision and installation of various public infrastructure and services.

   D.   Specify the uses and development standards applicable to the subject property.

   E.   Include other lawful requirements, terms and considerations of the county and the property owner.

   F.   Include requirements identified by the BOCC necessary to advance the interests of the county and other provisions and requirements to protect the public health, welfare and safety of the county, and its residents. (Ord. 12-12-04, 12-4-2012)

These provisions and requirements of this chapter shall apply to all property located within the unincorporated area of the county. (Ord. 12-12-04, 12-4-2012)

All development agreements shall, as a minimum, comply with the following requirements:

   A.   Be in writing.

   B.   Provide an adequate legal description of the subject property and the names of all legal and equitable owners.

   C.   The duration of the development agreement.

   D.   Identify the uses allowed and the procedures required for the approval of all identified uses.

   E.   Identify applicable development standards, including the timing and financial obligations associated with the provision of necessary public infrastructure and services.

   F.   A description of any reservation or dedication of lands for public purposes.

   G.   A description of any conditions, terms, restrictions, or other requirements determined to be necessary to promote the public health, safety, or welfare or the purposes of the development agreement. (Ord. 12-12-04, 12-4-2012)

   A.   Consideration of a proposed development agreement by the commission and BOCC shall be considered an administrative matter.

   B.   The commission in formulating a recommendation, and the BOCC in determining a final decision, shall find that substantial evidence has been presented related to the development agreement.

   C.   At a regular public meeting the commission shall consider the proposed development agreement, and all other materials and information presented and shall make a recommendation to the BOCC.

   D.   At a regular public meeting the BOCC shall consider the commission's recommendation, and all other materials and materials presented and shall approve or deny the proposed development agreement, with or without requirements and conditions and with necessary findings. If approved, the BOCC chair and property owner shall sign the development agreement, as approved by the BOCC.

   E.   Within fourteen (14) days of BOCC approval the development agreement shall be executed and signed by the BOCC chair and property owner(s). The executed development agreement shall be recorded in the office of the Millard County recorder, which recorded development agreement constituting the official document of the county. (Ord. 12-12-04, 12-4-2012)

In reviewing a proposed development agreement the commission and BOCC may consider, but shall not be limited to, the following:

   A.   Public impacts and benefits;

   B.   Adequacy in the provision of all necessary public infrastructure and services;

   C.   Appropriateness and adequacy of environmental protection measures; and

   D.   Protection and enhancements of the public health, welfare, and safety above that provided by the existing land use ordinances. (Ord. 12-12-04, 12-4-2012)

   A.   The county's land use ordinances shall govern a development agreement for the duration of the development agreement, supplemented and modified only to the extent expressly provided for by the development agreement.

   B.   The BOCC may adopt laws and policies applicable to the subject property if the BOCC has complied with the required processes and determined:

      1.   Such laws and policies are essential to the public health, safety, or welfare; or

      2.   Federal and/or state laws are applicable and preclude full compliance by the county or property owner. A development agreement, subject to subsequent federal and/or state laws shall be modified as necessary to comply with the applicable federal or state laws. (Ord. 12-12-04, 12-4-2012)

All development agreements shall be binding on the county and the property owner and on all successors and assigns for the term of the agreement. (Ord. 12-12-04, 12-4-2012)

The county may require the applicant to reimburse the county for all of the county's expenses related to preparation of a development agreement. (Ord. 12-12-04, 12-4-2012)

   A.   All development agreements shall provide specific enforcement mechanisms to ensure compliance.

   B.   The county may utilize all available enforcement mechanisms necessary to achieve compliance with this title and any development agreement including the withholding of necessary land use approvals and permits. (Ord. 12-12-04, 12-4-2012)