10-9a-532.  Development agreements.

(1)  Subject to Subsection (2), a municipality may enter into a development agreement containing any term that the municipality considers necessary or appropriate to accomplish the purposes of this chapter.

Terms Used In Utah Code 10-9a-532

  • Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
  • Land: includes :Utah Code 68-3-12.5
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • Writing: includes :Utah Code 68-3-12.5
    • (2) 

    (a)  A development agreement may not:

    (i)  limit a municipality’s authority in the future to:

    (A)  enact a land use regulation; or

    (B)  take any action allowed under Section 10-8-84;

    (ii)  require a municipality to change the zoning designation of an area of land within the municipality 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 10-9a-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 10-9a-502.

    (c) 

    (i)  If a development agreement restricts an applicant’s rights under clearly established state law, the municipality shall disclose in writing to the applicant the rights of the applicant the development agreement restricts.

    (ii)  A municipality’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 municipality may not require a development agreement as a condition for developing land if the municipality’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:

    (i)  this chapter; and

    (ii)  any applicable land use regulations.

    Amended by Chapter 478, 2023 General Session

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