When a development agreement is binding and which rules apply

(a) Unless terminated pursuant to § 33-1.5 (a)(6) or unless canceled pursuant to § 33-1.4 (c), a development agreement, amended development agreement, or modified development agreement, once entered into, shall be enforceable by any party thereto, or their heirs, successors in interest, or permitted assigns. (b) All city laws, ordinances, resolutions, rules, regulations, and policies governing uses of the land that is the subject of a development agreement, including but not limited to those governing permitted uses, density, design, height, parking requirements, setbacks, size, and building specification of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to the development agreement, shall be those city laws, ordinances, resolutions, rules, regulations, and policies applicable to the development and in force at the time of the execution of the development agreement, notwithstanding any subsequent change adopted by the city that alters or amends the laws, ordinances, resolutions, rules, regulations, or policies specified in this section. Such subsequent change shall be void as applied to property subject to the development agreement to the extent that it changes any city law, ordinance, resolution, rule, regulation, or policy that the development agreement provides shall be maintained in force as written at the time of the development agreement’s execution; provided that a development agreement shall not prevent the city from requiring any party or any party’s heirs, successors, and permitted assigns to comply with city laws, ordinances, resolutions, rules, regulations, and policies of general applicability enacted after the execution date of the development agreement if the city finds it necessary to impose such requirement because a failure to do so would place the residents of the development or of the immediate community, or both, in a condition perilous to the residents’ health or safety, or both. (c) (1) If the State is a party to a development agreement, the development agreement may contain provisions relating to: (A) The applicability of State statutes, resolutions, rules, regulations, and policies governing uses of the land that is the subject of the development agreement and amendments thereto; and (B) Obligations of the developer to the State or of the State to the developer; provided that the inclusion of such provisions is permitted by law. (2) Except as may be provided in a development agreement pursuant to subdivision (1), State statutes, resolutions, rules, regulations, and policies, and any amendments thereto, shall apply to the development. (d) The development agreement shall not affect the applicability of federal statutes, resolutions, rules, regulations, and policies, and any amendments thereto, to the development. (e) For the purposes of this section, improvement district, maintenance district, tax increment financing district and community facilities district laws, ordinances, resolutions, rules, regulations, and policies are laws, ordinances, resolutions, rules, regulations, and policies governing the financing of infrastructure construction and maintenance and not governing the uses of land.