[§46-127]  Enforceability; applicability. (a)  Unless terminated pursuant to section 46-125 or unless canceled pursuantto section 46-130, a development agreement, amended development agreement, ormodified development agreement once entered into, shall be enforceable by anyparty thereto, or their successors in interest, notwithstanding any subsequentchange in any applicable law adopted by the county entering into suchagreement, which alter or amend the laws, ordinances, resolutions, rules, orpolicies specified in this part.

(b)  All laws, ordinances, resolutions, rules,and policies governing permitted uses of the land that is the subject of thedevelopment agreement, including but not limited to uses, density, design,height, size, and building specification of proposed buildings, constructionstandards and specifications, and water utilization requirements applicable tothe development of the property subject to a development agreement, shall bethose laws, ordinances, resolutions, rules, regulations, and policies madeapplicable and in force at the time of execution of the agreement,notwithstanding any subsequent change in any applicable law adopted by thecounty entering into such agreement, which alter or amend the laws, ordinances,resolutions, rules, or policies specified in this part and such subsequentchange shall be void as applied to property subject to such agreement to theextent that it changes any law, ordinance, resolution, rule, or policy whichany party to the agreement has agreed to maintain in force as written at thetime of execution; provided that a development agreement shall not prevent agovernment body from requiring the principal from complying with laws,ordinances, resolutions, rules, and policies of general applicability enactedsubsequent to the date of the development agreement if they could have beenlawfully applied to the property which is the subject of the developmentagreement at the time of execution of the agreement if the government bodyfinds it necessary to impose the requirements because a failure to do so wouldplace 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, c48, pt of §1]