11-1101; Version 2

11-1101. Development agreements

L10, Ch. 244, sec. 9. Eff. 10/1/11)

A. A county, by resolution or ordinance, may enter into development agreements
relating to property located outside the incorporated area of a city or town.

B. The development agreement shall be between the county and a landowner or any
other person having an interest in real property and may specify or otherwise relate to
any of the following:

1. The duration of the agreement.

2. The permitted uses of property subject to the agreement.

3. The density and intensity of uses and the maximum height and size of proposed
buildings within the property.

4. Provisions for reservation or dedication of land for public purposes and
provisions to protect environmentally sensitive lands.

5. Provisions for preservation and restoration of historic structures.

6. The phasing or time of construction or development on the property.

7. Conditions, terms, restrictions, financing and requirements for public
infrastructure and subsequent reimbursements over time.

8. Conditions, terms, restrictions and requirements relating to the county's intent
to form a special taxing district pursuant to title 48.

9. Conditions of sewer services.

10. Any other matters relating to the development of the property.

C. A development agreement shall be consistent with the county comprehensive plan
adopted pursuant to chapter 6, article 1 of this title and applies to the property on the
date the development agreement is executed.

D. A development agreement may be amended, or cancelled in whole or in part, by
mutual consent of the parties to the development agreement or by their successors in
interest or assigns.

E. Within ten days after a development agreement is executed, the county shall
record a copy of the agreement with the county recorder, and the recordation constitutes
notice of the development agreement to all persons. The burdens of the development
agreement are binding on, and the benefits of the development agreement inure to, the
parties to the agreement and to all of their successors in interest and assigns.

F. Section 32-2181, subsection I does not apply to development agreements under
this section.

G. Notwithstanding any other law, a county may provide by resolution or ordinance
for public safety purposes, and with the written consent of an owner of property that has
entered into a development agreement pursuant to this section, for the application and
enforcement of speed limits, vehicle weight restrictions or other safety measures on a
private road that is located in any development outside the corporate boundaries of a
city or town and that is open to and used by the public. The county may require payment
from the property owner of the actual cost of signs for speed limits or other
restrictions applicable on the private road before their installation.