§ 62-605. Development agreements.

(a)

Application. Requirements for a development agreement application are as follows:

(1)

A legal description of the land subject to the agreement, and the names of its legal and equitable owners.

(2)

The duration of the agreement.

(3)

The development uses permitted on the land, including population densities and building intensities and height.

(4)

A description of public facilities that will service the development, including the name of the person who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to ensure public facilities are available concurrent with the impacts of development.

(5)

A description of the level of service allocations to be permitted by the development agreement.

(6)

A description of any reservation or dedication of land for public purposes.

(7)

A description of all local development permits approved or needed to be approved for the development of the land.

(8)

A finding that the development permitted or proposed is consistent with the county comprehensive plan and land development regulations.

(9)

A description of any conditions, terms, restrictions or other requirements determined to be necessary by the county for the public health, safety or welfare of its citizens.

(10)

A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions.

(11)

Identification of the specific dates that define the development's phasing, if applicable, and the commencement and completion of construction in each phase.

(12)

A description of the applicant's commitment for providing capacity or its equivalent on the affected facilities which the applicant will be consuming in excess of the amount otherwise authorized by this article.

(b)

Recording. The county shall record the agreement with the clerk of the circuit court within 14 days of its approval or execution.

(c)

Applicability of subsequently adopted county laws or policies. The laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. The county may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the county has held a public hearing and determined that:

(1)

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement;

(2)

They are essential to the public health, safety or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

They are specifically anticipated and provided for in the development agreement;

(4)

The county demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(5)

The development agreement is based on substantially inaccurate information supplied by the developer.

(d)

Applicability of subsequently adopted state or federal laws. If state or federal laws are enacted after the execution of the agreement which are applicable to or preclude the parties' compliance with the terms of the agreement, the agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws.

(e)

Periodic review of compliance. The land subject to a development agreement shall be reviewed by the county at 12-month intervals following the date of the agreement. If demonstrated good faith compliance is not found, the agreement shall be revoked or modified by the county.

(f)

Duration. The duration shall not exceed five years, unless extended by mutual agreement according to prescribed due process.

(Code 1979, § 14-69(d))

State law reference

Development agreements, F.S. § 163.3220 et seq.