What a development agreement must include and how it can be changed

(a) A development agreement shall, as a minimum: (1) Describe the land subject to the development agreement; (2) Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings; (3) Provide, where appropriate, for reservation or dedication of land or easements for public purposes to include but not limited to roads, water, drainage, waste disposal, public utilities, public safety facilities, and open space as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect at the effective date of the development agreement; and (4) The development agreement shall provide commencement dates and completion dates for the requirements set forth therein; provided that: (A) Such dates as may be set forth in the agreement may be extended upon the request of the principal for good cause shown, subject to, however, the approval of the County wherein such approval shall be at the sole discretion of the County and the cumulative total of extensions shall not exceed one year in any five year period; (B) In the event a party to the development agreement requests an extension of a specified duration as a result of any delay in the performance of any of the obligations of the parties to the agreement hereunder and which occurs as a result of unforeseeable causes beyond the control and without the fault or negligence of any party to the development agreement, including, but not limited to, acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes or walkouts, freight embargoes, or unusually severe weather, a reasonable extension of time for the commencement, completion, or termination dates shall be granted by the other parties thereto for the performance of the terms of the development agreement notwithstanding any time limitations otherwise applicable in this section; and (C) The parties shall not be precluded from further extending such dates by mutual agreement or from entering into subsequent agreements subject to the approval of the County council as provided herein. DEVELOPMENT AGREEMENTS § 30-7 (5) Provide a termination date; provided that the parties shall not be precluded from amending the development agreement pursuant to section 30-9 of this chapter to extend the termination date by mutual agreement or from entering into subsequent development agreements. (b) The development agreement also may cover any other matter not inconsistent with this chapter, nor prohibited by law. (c) In addition to the County and principal, any Federal, State, or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to any agreement, the agreement shall specify which agency shall be responsible for the overall administration of the agreement. (d) The development agreement shall provide that the principal shall submit an annual report of compliance with the terms and conditions of the development agreement to the office of the mayor or its designated agency. That office or agency shall review such report for adequacy and accuracy and shall forward a copy of the annual report together with its findings and any other comments to the County council within a reasonable time thereafter. (1993, ord 93-37, sec 2.)30-7