17-27a-528.  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.

Terms Used In Utah Code 17-27a-528

  • Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
  • Land: includes :Utah Code 68-3-12.5
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
  • 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 17-27a-103
  • State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
  • Writing: includes :Utah Code 68-3-12.5
    • (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:

    (i)  this chapter; and

    (ii)  any applicable land use regulations.

    Amended by Chapter 478, 2023 General Session

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