§46-127 - Enforceability; applicability.
[§46-127] Enforceability; applicability.
(a) Unless terminated pursuant to section 46-125 or unless canceled pursuant
to section 46-130, a development agreement, amended development agreement, or
modified development agreement once entered into, shall be enforceable by any
party thereto, or their successors in interest, notwithstanding any subsequent
change in any applicable law adopted by the county entering into such
agreement, which alter or amend the laws, ordinances, resolutions, rules, or
policies specified in this part.
(b) All laws, ordinances, resolutions, rules,
and policies governing permitted uses of the land that is the subject of the
development agreement, including but not limited to uses, density, design,
height, size, and building specification of proposed buildings, construction
standards and specifications, and water utilization requirements applicable to
the development of the property subject to a development agreement, shall be
those laws, ordinances, resolutions, rules, regulations, and policies made
applicable and in force at the time of execution of the agreement,
notwithstanding any subsequent change in any applicable law adopted by the
county entering into such agreement, which alter or amend the laws, ordinances,
resolutions, rules, or policies specified in this part and such subsequent
change shall be void as applied to property subject to such agreement to the
extent that it changes any law, ordinance, resolution, rule, or policy which
any party to the agreement has agreed to maintain in force as written at the
time of execution; provided that a development agreement shall not prevent a
government body from requiring the principal from complying with laws,
ordinances, resolutions, rules, and policies of general applicability enacted
subsequent to the date of the development agreement if they could have been
lawfully applied to the property which is the subject of the development
agreement at the time of execution of the agreement if the government body
finds it necessary to impose the requirements because a failure to do so would
place the residents of the subdivision or of the immediate community, or both,
in a condition perilous to the residents' health or safety, or both. [L 1985, c
48, pt of §1]