Section 17-27a-528 - [Effective Until 11/1/2024] Development agreements(1) Subject to Subsection (2), a county may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter.(2)(a) A development agreement may not: (i) limit a county's authority in the future to: (A) enact a land use regulation; or(B) take any action allowed under Section 17-53-223;(ii) require a county to change the zoning designation of an area of land within the county in the future; or(iii) allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 17-27a-502, including a review and recommendation from the planning commission and a public hearing.(b) A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 17-27a-502.(c)(i) If a development agreement restricts an applicant's rights under clearly established state law, the county shall disclose in writing to the applicant the rights of the applicant the development agreement restricts.(ii) A county's failure to disclose in accordance with Subsection (2)(c)(i) voids any provision in the development agreement pertaining to the undisclosed rights.(d) A county may not require a development agreement as a condition for developing land if the county's land use regulations establish all applicable standards for development on the land.(e) To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by: (ii) any applicable land use regulations.Amended by Chapter 478, 2023 General Session ,§ 19, eff. 5/3/2023.Added by Chapter 385, 2021 General Session ,§ 21, eff. 5/5/2021.Technically renumbered to avoid duplication of section number also enacted in HB82, Chapter 102, and HB17, Chapter 15.
This section is set out more than once due to postponed, multiple, or conflicting amendments.