Chapter 18.210
DEVELOPMENT AGREEMENTS
Sections:
18.210.020 Where used – Nature of agreement.
18.210.030 Development agreement.
18.210.070 Requirements of agreement.
18.210.080 Enforceability – Remedies.
18.210.090 Effect of agreement.
18.210.100 Amendment – Cancellation.
18.210.120 Conflicting regulations.
18.210.010 Purpose.
The intent of this chapter is to permit development agreements for subdivision and commercial developments within Riverton City. In connection therewith, the city council hereby finds as follows:
(1) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning that would make maximum efficient utilization of resources at the least economic cost to the public.
(2) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and processes, encourage private participation in comprehensive planning, and reduce the economic costs of development. [Code 1997 § 12-180-10.]
18.210.020 Where used – Nature of agreement.
Development agreements as defined herein may be used in any zoning district authorized by this title. Said agreements shall be considered a combining zone with the existing district, and their approval shall be a legislative act, subject to referendum. [Code 1997 § 12-180-15.]
18.210.030 Development agreement.
The city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this chapter, so long as such person’s interest entitles him to engage in such development. [Code 1997 § 12-180-20.]
18.210.040 Procedures.
The procedures stated in this chapter shall govern the issuance of development agreements. [Code 1997 § 12-180-25.]
18.210.050 Hearings required.
Notwithstanding other provisions of this title, a development agreement shall be part of the public hearing on an application for a subdivision or commercial development held by the city council. [Code 1997 § 12-180-30.]
18.210.060 Periodic review.
At least every 12 months the community development or planning director shall review the project for good faith compliance with the terms of the agreement by the applicant or successor in interest thereto. In the event the director determines that there is not good faith compliance, he shall refer the matter to the city council, which shall determine, after a hearing, if good faith compliance has occurred. If the city council finds that good faith compliance has not occurred, it may, in its sole discretion, terminate or modify the agreement in order to best preserve the public health, safety and welfare. [Code 1997 § 12-180-35.]
18.210.070 Requirements of agreement.
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. No such agreement shall conflict with the requirements of the zone in which the project is located at the time the agreement is approved, and all such agreements must be in conformity with the general plan as it exists at the time the agreement is approved. [Code 1997 § 12-180-40.]
18.210.080 Enforceability – Remedies.
A development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city. The remedies stated in this chapter shall not be construed as limiting any other remedy provided by this title for violation thereof. [Code 1997 § 12-180-45.]
18.210.090 Effect of agreement.
Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. [Code 1997 § 12-180-50.]
18.210.100 Amendment – Cancellation.
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. [Code 1997 § 12-180-55.]
18.210.110 Effective date.
The development agreement shall be effective from the date the city council approves the same; however, a development agreement may not be submitted to the city council for approval until all other requirements of the development’s application are approved, and a complete submittal of all engineering and planning documents is satisfactory to the city staff. [Amended during 2011 recodification. Code 1997 § 12-180-60.]
18.210.120 Conflicting regulations.
In the event that applicable state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. [Code 1997 § 12-180-65.]