(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, including a term relating to:

lawyer at desk

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

Terms Used In Utah Code 10-9a-532

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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 :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
         (5)(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;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Statute: A law passed by a legislature.
     (1)(a) a master planned development;
     (1)(b) a planned unit development;
     (1)(c) an annexation;
     (1)(d) affordable or moderate income housing with development incentives;
     (1)(e) a public-private partnership; or
     (1)(f) a density transfer or bonus within a development project or between development projects.
(2)

     (2)(a) A development agreement may not:

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

               (2)(a)(i)(A) enact a land use regulation; or
               (2)(a)(i)(B) take any action allowed under Section 10-8-84;
          (2)(a)(ii) require a municipality to change the zoning designation of an area of land within the municipality in the future; or
          (2)(a)(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.
     (2)(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.
     (2)(c) Subject to Subsection (2)(d), a municipality may require a development agreement for developing land within the municipality if the applicant has applied for a legislative or discretionary approval, including an approval relating to:

          (2)(c)(i) the height of a structure;
          (2)(c)(ii) a parking or setback exception;
          (2)(c)(iii) a density transfer or bonus;
          (2)(c)(iv) a development incentive;
          (2)(c)(v) a zone change; or
          (2)(c)(vi) an amendment to a prior development agreement.
     (2)(d) A municipality may not require a development agreement as a condition for developing land within the municipality if:

          (2)(d)(i) the development otherwise complies with applicable statute and municipal ordinances;
          (2)(d)(ii) the development is an allowed or permitted use; or
          (2)(d)(iii) the municipality’s land use regulations otherwise establish all applicable standards for development on the land.
     (2)(e) A municipality may submit to a county recorder’s office for recording:

          (2)(e)(i) a fully executed agreement; or
          (2)(e)(ii) a document related to:

               (2)(e)(ii)(A) code enforcement;
               (2)(e)(ii)(B) a special assessment area;
               (2)(e)(ii)(C) a local historic district boundary; or
               (2)(e)(ii)(D) the memorializing or enforcement of an agreed upon restriction, incentive, or covenant.
     (2)(f) Subject to Subsection (2)(e), a municipality may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property.
     (2)(g) 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:

          (2)(g)(i) this chapter; and
          (2)(g)(ii) any applicable land use regulations.
  Previous section
Next section  
 Part 5 Contents