Morgan County Unincorporated
City Zoning Code
City Zoning Code
DEVELOPMENT AGREEMENTS
§ 155.530 PURPOSE.
(A) The purpose of this subchapter is to provide procedures and minimum standards for the review, consideration and possible approval of development agreements by the County Commission.
(B) A development agreement may only be approved, if in the opinion of the County Commission, such development agreement is found:
(1) To recognize the nature of the subject property by tailoring development standards and requirements that provide a more desirable land use planning and regulatory scheme than would be possible under the county’s existing land use ordinances; or
(2) To advance the policies of the county.
(Prior Code, § 8-21-1) (Ord. 13-06, passed 7-2-2013)
§ 155.531 ELIGIBILITY.
All persons entering into a development agreement with the county must have a legal or equitable interest in the property that is the subject of the development agreement.
(Prior Code, § 8-21-2) (Ord. 13-06, passed 7-2-2013)
§ 155.532 SCOPE.
(A) Unless expressly required elsewhere in this chapter, a development agreement is an optional land use regulatory tool that may be used, at the discretion of the County Commission, as provided in § 155.530 of this code. No provision herein shall obligate the County Commission to enter into a development agreement.
(B) The provisions and requirements of this subchapter shall be determined to be minimum standards. The County Commission may require additional provisions and requirements depending on the nature and scope of the land(s) affected and the particular purposes and intent(s) of the development agreement.
(Prior Code, § 8-21-3) (Ord. 13-06, passed 7-2-2013)
§ 155.533 MINIMUM REQUIREMENTS.
All development agreements entered into by the county shall, at a minimum, be found to comply with the following minimum standards:
(A) Be in writing;
(B) Provide an accurate legal description of the subject property and the names of all legal and equitable owners;
(C) Provide a conceptual subdivision layout or site plan including, but not limited to, the location and arrangement of all allowed uses, circulation patterns and all required dedications and improvements;
(D) Provide the terms of the agreement, and any term extension requirement(s);
(E) Identify all allowed uses for the subject property and the procedures required for the approval of each identified use;
(F) Identify all applicable development standards, including the timing and obligations associated with the provision of necessary infrastructure and services;
(G) Provide for the provision and installation of required public infrastructure and services;
(H) Provide a listing of all features and facilities being voluntarily provided to the county, or other public or private agency, as applicable if any, in addition to those typically required by the county’s land use ordinances;
(I) Provide a description of any reservation or dedication of lands for public purposes;
(J) Provide 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;
(K) Identify enforcement mechanisms determined necessary to ensure compliance;
(L) Provide for the recording of the approved development agreement in the office of the County Recorder. The signed and recorded copy of the development agreement shall be considered the official executed copy of said agreement; and
(M) Include any additional requirements identified by the County Commission determined 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.
(Prior Code, § 8-21-4) (Ord. 13-06, passed 7-2-2013)
§ 155.534 DEVELOPMENT AGREEMENT PROCEDURES.
(A) All development agreements shall be considered and approved by the County Commission at a regular meeting. If a development agreement contains any provision proposing to amend the county’s General Plan or land use ordinance, including zoning designation of the subject property, the procedures of the county required for a General Plan or land use ordinance amendment shall be followed, including complying with all noticing and public hearing requirements.
(B) The County Commission shall consider all materials presented and shall approve or deny the proposed development agreement, with or without requirements and conditions and with necessary findings. If approved, the County Commission Chairperson, on behalf of the county, and the applicant shall sign and execute the development agreement, as approved.
(C) Within 14 business days of signature by the County Commission Chairperson and the applicant, the development agreement shall be recorded in the office of the County Recorder, which the recorded agreement constitutes the official document of the county.
(D) The County Commission, in considering a development agreement, may request a recommendation of the Planning Commission on planning, allowed uses or other development matters that may be associated with the proposed development agreement.
(E) In the event that a development agreement is amended after being executed by the affected parties, a notice of amendment shall be sent by certified mail to all property owners with interest in the property as described in the development agreement. Such notice shall at a minimum explain the amendment and provide information about where the amendment may be retrieved from the County Recorder’s office. Expenses for the notice shall be borne by the developer.
(Prior Code, § 8-21-5) (Ord. 13-06, passed 7-2-2013)
§ 155.535 DEVELOPMENT AGREEMENT REVIEW.
In reviewing a proposed development agreement, the County Commission 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 those provided by the existing land use ordinances.
(Prior Code, § 8-21-6) (Ord. 13-06, passed 7-2-2013)
§ 155.536 EFFECT OF APPROVAL.
(A) A development agreement, as approved by the County Commission and recorded as required by § 155.534 of this code, shall be controlling for the subject property, and shall modify the county’s land use ordinances to the extent specifically identified by the development agreement.
(B) Only those county land use ordinance provisions specifically identified by the development agreement shall be modified. All other land use ordinance requirements shall remain in full force and effect.
(C) A development agreement shall not prevent the county from applying any new provisions or regulations to the subject property that do not conflict with those contained within the development agreement.
(Prior Code, § 8-21-7) (Ord. 13-06, passed 7-2-2013)
§ 155.537 BINDING NATURE OF DEVELOPMENT AGREEMENTS.
All development agreements shall be binding on the county and the applicant and on all successors and assigns for the term of the agreement.
(Prior Code, § 8-21-8) (Ord. 13-06, passed 7-2-2013)
§ 155.538 EXPENSES.
The county may require the applicant to reimburse the county for all reasonable expenses incurred by the county related to the preparation and adoption of a development agreement.
(Prior Code, § 8-21-9) (Ord. 13-06, passed 7-2-2013)
§ 155.539 ENFORCEMENT.
The county may utilize all legally available enforcement mechanisms necessary to achieve compliance with this subchapter and any development agreement including, but not limited to, the withholding of necessary land use approvals and permits.
(Prior Code, § 8-21-10) (Ord. 13-06, passed 7-2-2013)
§ 155.540 MODIFICATION OR SUSPENSION TO COMPLY WITH STATE OR FEDERAL LAWS.
In the event that federal or state laws or regulations, enacted after the adoption of a development agreement, prevent or preclude compliance with one or more provisions of the agreement, such provisions of the agreement shall be suspended, as may be necessary to comply with such federal or state laws or regulations.
(Prior Code, § 8-21-11) (Ord. 13-06, passed 7-2-2013)
§ 155.541 NONCOMPLIANCE.
In the event a development agreement is terminated as a result of noncompliance by the subject property owner the subject property shall revert to the General Plan and zoning district designation that existed prior to the enactment of the development agreement.
(Prior Code, § 8-21-12) (Ord. 13-06, passed 7-2-2013)