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(1) Subject to Subsection (2), a county may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter.
(2)
(a) A development agreement may not:
(i) limit a county's authority in the future to:
(A) enact a land use regulation; or
(B) take any action allowed under Section 17-53-223;
(ii) require a county to change the zoning designation of an area of land within the county in the future; or
(iii) contain a term that conflicts with, or is different from, a standard set forth in an existing land use regulation that governs the area subject to the development agreement, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 17-27a-502, including a review and recommendation from the planning commission and a public hearing.
(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 17-27a-502.
(c) A county may not require a development agreement as the only option for developing land within the county.
(d) 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:
(i) this chapter; and
(ii) any applicable land use regulations.
Technically renumbered to avoid duplication of section number also enacted in HB82, Chapter 102, and HB17, Chapter 15.