The purpose of this Chapter is to more fully implement the City’s General Plan and the purposes of all Land Use Ordinances. A Development Agreement may be considered by the Council as a method of providing the City with additional control and flexibility in the approval of development projects by tailoring development standards and requirements to the unique features of a particular development site.

Persons entering into a Development Agreement with the Council must have a legal or equitable interest in the property that is the subject of the Development Agreement.

All Development Agreements entered into by the Council shall specify and contain, as a minimum, the following Sections:

1. Duration of agreement.
   
2. Description of the subject property.
   
3. Allowed uses.
   
4. Maximum density or intensity of the allowed uses and construction requirements, including, but not limited to, minimum and maximum building heights and building size.
   
5. A Project Plan or Subdivision Layout Plan identifying, but not limited to, the location and arrangement of all allowed uses, circulation patterns, and all required dedications and improvements.
   
6. A Phasing Schedule for all project phases and the timing for the provision of all features, dedications, and improvements.
   
7. A listing of all project features and facilities being voluntarily provided to the city, in addition to those typically required by all Land Use Ordinances.
   
8. Other conditions, terms, restrictions, and requirements for subsequent actions and approvals.

A public hearing to consider a Development Agreement Application shall be held by the Commission prior to making a recommendation to the Council. Thethe minimum requirements and other items to be included in a Development Agreement shall follow the procedures for the consideration of a General Plan Amendment Application, as provided by VZC 15.10.

The required notice for a Development Agreement Application shall follow the notice requirements for a General Plan Amendment Application, as provided by VZC 15.18. At the discretion of the Commission, and the Council, the required public hearings for the consideration a Development Agreement Application may be held concurrently with any other required public hearing.

A Development Agreement shall be approved by the Council by Ordinance, following the receipt of a Commission recommendation, with a finding that the Development Agreement is consistent with the General Plan.

Unless otherwise modified by a Development Agreement, all provisions, regulations, and policies governing the uses of the land, density, design, and improvement and construction standards and specifications and all other requirements and regulations of all Land Use Ordinances in effect at the time of the execution of the Agreement shall apply. A Development Agreement shall not prevent the City from subsequent actions applicable to the property that is the subject of a Development Agreement from applying any new provisions or regulations that do not conflict with those contained within the Development Agreement.

The Council or staff shall review a Development Agreement every twelve (12) months, at which time the Applicant, or the Applicant’s successor, shall be required to demonstrate good faith compliance with the terms of the Development Agreement. If the Council finds, through a review or report from staff, based on the evidence, that the Applicant has not complied in good faith with all terms or conditions of the Agreement, the Council may modify or terminated the Agreement. All proceedings before the Council to consider modification or termination of an Agreement shall include a noticed public hearing complying with the notice requirements for a General Plan Amendment Application, as provided by VZC 15.18.

In addition to provisions of VZC 15.18.070, a Development Agreement may be amended or canceled in whole, or in part, by mutual consent of the parties to the Agreement, or their successors.

No later than ten (10) days after the Council approves a Development Agreement Application, the City Recorder shall record the Development Agreement, as approved, in the Office of the Utah County Recorder. The recorded copy of the Development Agreement shall be considered the official copy of said Agreement. The benefits, rights, and obligations of a Development Agreement shall be binding upon, and shall inure to all successors to the original parties to the Agreement.

In the event that Federal or State laws or regulations, enacted after the adoption of a Development Agreement, prevent or preclude compliance with one (1) or more provisions of the Agreement, such provisions of the Agreement shall be modified, or suspended, as may be necessary to comply with such Federal or State laws or regulations.

In the event a Development Agreement is terminated, as provided by VZC 15.16.070, the Land Use Ordinance and Zoning Districts Map requirements for the subject property shall revert to those that existed prior to the enactment of the Development Agreement.