CHAPTER 40 Title 10 Development Agreements
CHAPTER 40
DEVELOPMENT AGREEMENTS
SECTION:
10-40-1: Applicability
10-40-2: Classes of Development Agreements
10-40-3: Limitations
10-40-4: Application Procedures
10-40-1: APPLICIBILITY: At its sole discretion, the City Council may require conditions in
a Development Agreement specific to the land use request that exceeds or supplements the
underlying zoning requirements. Any restrictions or conditions required by the City Council are
intended to maintain and enhance the public health, safety, and general welfare of current and
future residents of the community and to ensure the financial stability of the City of Ammon to
carry out all required public services for the new development while not compromising City of
Ammon infrastructure and the level of service to existing residents and businesses.
10-40-2: CLASSES OF DEVELOPMENT AGREEMENTS: The following two classes of
development agreements may be utilized to make a contractual commitment concerning the use
or development of a subject parcel. Both classes are referred to as Development Agreements
but have different statutory requirements.
1. Standard Development Agreement (SDA). As a condition of approval for any land
use decision or land use activity, with the exception of rezone applications, the City
Council may require the applicant to enter into a Standard Development Agreement with
the City of Ammon. A request to enter into a Standard Development Agreement for a
subject property may be submitted by the applicant or required by the Commission, the
City Council, or by the City Administrator, including the Planning and Zoning Director, or
City Engineer, at any time prior to final approval. A Standard Development Agreement is
a binding contract between the City of Ammon and the owner or developer of a property.
Failure of the developer or land owner to comply with the terms of the Standard
Development Agreement will result in immediate issuance of stop orders for the
development and in the immediate prohibition in the issuance of any additional building
permits or certificates of occupancy. Said Standard Development Agreement may
include various special conditions specific to the development. Public notice or public
hearing is not required for adoption or modification of a Standard Development
Agreement unless otherwise required by law.
2. Conditional Rezone Agreement (CRA). Conditional Rezone Agreements are
subject to Idaho Code Section 67-6511A. Pursuant to Idaho Code Section 67-6511, the
City Council may require a Conditional Rezone Agreement as a condition of rezoning
any property. A request to enter into a Conditional Rezone Agreement for the subject
property may be submitted by the applicant or required by the Commission, the City
Council, or the Administrator, including the Planning and Zoning Director, or City
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Engineer, at any time prior to final approval of the rezone. A Conditional Rezone
Agreement is a contract between the City of Ammon and the owner or developer of a
property within the City of Ammon. Failure of the developer or land owner to comply
with the terms of the Conditional Rezone Agreement will result in immediate revocation
of the rezone and in the issuance of stop orders for the development and in the
immediate prohibition in the issuance of any additional building permits or certificates of
occupancy. Notice is required for all Conditional Rezone Agreements, pursuant to Idaho
Code 67-6511A.
10-40-3: LIMITATIONS:
1. Subject to Underlying Zoning. A development agreement shall not be used to
waive, reduce, relax, or otherwise minimize any underlying zoning restrictions that are
required by ordinance. The proposed use shall meet all land-use requirements of the
underlying zoning district in addition to any Standard Development Agreement or
Conditional Rezone Agreement with any special conditions thereto. Any discretionary
conditions as applied shall be in addition to the zone's minimum requirements.
2. Subsequent Actions. A Standard Development Agreement or a Conditional Rezone
Agreement shall not prevent the city, in subsequent actions applicable to the property,
from applying new standards, regulations, or policies that do not conflict with
commitments applicable to the property as set forth within a duly executed agreement.
3. Encumbrance. The property owner(s), co-property owner(s), developer(s), agent(s)
of property owner or developer, assignee(s) of property owner(s) or developer(s) and all
subsequent property owners or developers of the real property that is encumbered by
any class of Development Agreement shall comply with all conditions, terms, obligations,
and duties contained in said agreement. Failure to comply shall result in immediate
revocation of the rezone and in the issuance of stop orders for the development and in
the immediate prohibition in the issuance of any additional building permits or certificates
of occupancy.
4. Modification and Termination. Any class of Development Agreements may be
amended at the discretion of the City Council. All classes of Development Agreements
may be conditioned to expire after a prescribed time limit authorized by the City Council.
10-40-4: APPLICATION PROCEDURES: A request for any class of Development
Agreement must be filed with the City of Ammon on the official form as provided by the
Administrator. All items as identified on the official application form must be submitted. After
reviewing the application, the Administrator shall determine whether the application is complete.
After the application is deemed complete, the Administrator shall process the application as
required by city ordinance or State Code, whichever applies.
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