A. A county, by resolution or ordinance, may enter into development agreements relating to property located outside the incorporated area of a city or town.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

B. The development agreement shall be between the county and a landowner or any other person having an interest in real property and may specify or otherwise relate to any of the following:

1. The duration of the agreement.

2. The permitted uses of property subject to the agreement.

3. The density and intensity of uses and the maximum height and size of proposed buildings within the property.

4. Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

5. Provisions for preservation and restoration of historic structures.

6. The phasing or time of construction or development on the property.

7. Conditions, terms, restrictions, financing and requirements for public infrastructure and subsequent reimbursements over time.

8. Conditions, terms, restrictions and requirements relating to the county’s intent to form a special taxing district pursuant to title 48.

9. Conditions of sewer services.

10. Any other matters relating to the development of the property.

C. A development agreement shall be consistent with the county comprehensive plan adopted pursuant to chapter 6, article 1 of this title and applies to the property on the date the development agreement is executed.

D. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.

E. Within ten days after a development agreement is executed, the county shall record a copy of the agreement with the county recorder, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all of their successors in interest and assigns.

F. Section 32-2181, subsection I does not apply to development agreements under this section.

G. Notwithstanding any other law, a county may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has entered into a development agreement pursuant to this section, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development outside the corporate boundaries of a city or town and that is open to and used by the public. The county may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road before their installation.