Chapter 17.102
DEVELOPMENT AGREEMENTS
Sections:
17.102.010 Purpose and intent.
17.102.020 Application and fee.
17.102.050 Amendment or cancellation.
17.102.010 Purpose and intent.
The purpose of a development agreement is to provide greater assurance in the planning and development process to both the property owner and the city. A development agreement is typically used for a larger scale project or one that will develop over an extended period of time. A development agreement clearly identifies applicable standards and conditions under which a property will be developed. (Ord. 1160 NS § 1, 1997).
17.102.020 Application and fee.
A. A completed application shall be submitted to the city official with applicable fees in accordance with the fee resolution adopted by the city council.
B. The application shall be accompanied by the development agreement as proposed by the applicant. (Ord. 1160 NS § 1, 1997).
17.102.030 Review process.
A. The administrative official shall negotiate the terms of the agreement with the property owner and enter into a preliminary contract.
B. A development agreement shall be subject to a Type IV process.
C. The council shall review the development agreement at least every 12 months from the effective date until the terms of approval are satisfied.
D. If, as a result of an annual review, the council determines, on the basis of substantial evidence, that the applicant or successor has not complied in good faith with the terms and conditions of the agreement, the council may commence proceedings to enforce, modify or terminate the agreement. (Ord. 1324 NS § 12, 2004; Ord. 1278 NS § 6, 2002; Ord. 1160 NS § 1, 1997).
17.102.040 Recordation.
A. Within 10 days of the effective date of the approval of a development agreement, the administrator shall forward the agreement to the office of the county auditor for recordation.
B. The agreement shall be binding on the parties and their successors. (Ord. 1160 NS § 1, 1997).
17.102.050 Amendment or cancellation.
A. Either the city or the applicant or successor may propose an amendment or cancellation in whole or in part of the agreement.
B. An amendment or cancellation shall be subject to a Type III process. (Ord. 1160 NS § 1, 1997).