Current as of: 2010
(a) (1) In this section the following words have the meanings indicated.
(2) "Agreement" means a development rights and responsibilities agreement.
(3) "Governing body" means the local legislative body, the local executive, or other elected governmental body that has zoning powers under this article.
(4) "Public principal" means the governmental entity of a local jurisdiction that has been granted the authority to enter agreements under subsection (b)(1) of this section.
(b) (1) Subject to subsections (c) through (l) of this section, the governing body of a local jurisdiction may:
(i) By ordinance, establish procedures and requirements for the consideration and execution of agreements; and
(ii) Delegate all or part of the authority established under the ordinance to a public principal within the jurisdiction of the governing body.
(2) The public principal may:
(i) Execute agreements for real property located within jurisdiction of the governing body with a person having a legal or equitable interest in the real property; and
(ii) Include a federal, State, or local government or unit as an additional party to the agreement.
(c) Before entering an agreement, a person having a legal or equitable interest in real property or the person’s representative shall petition the public principal of the local jurisdiction in which the property is located.
(d) (1) After receiving a petition and before entering an agreement, the public principal shall conduct a public hearing.
(2) A public hearing that is required for approval of the development satisfies the public hearing requirements.
(e) The public principal of a local jurisdiction may not enter an agreement unless the planning commission of the local jurisdiction determines whether the proposed agreement is consistent with the plan of the local jurisdiction.
(f) (1) An agreement shall include:
(i) A legal description of the real property subject to the agreement;
(ii) The names of the persons having a legal or equitable interest in the real property subject to the agreement;
(iii) The duration of the agreement;
(iv) The permissible uses of the real property;
(v) The density or intensity of use of the real property;
(vi) The maximum height and size of structures to be located on the real property;
(vii) A description of the permits required or already approved for the development of the real property;
(viii) A statement that the proposed development is consistent with the plan and development regulations of the local jurisdiction;
(ix) A description of the conditions, terms, restrictions, or other requirements determined by the governing body of the local jurisdiction to be necessary to ensure the public health, safety, or welfare; and
(x) To the extent applicable, provisions for the:
Prev | Next
Questions & Answers: ZoningSee also: