§ 350. Development Agreements.

350.1.   Purpose and Intent.

Pursuant to F.S. §§ 163.3220—163.3243, development agreements may be entered into by a developer and the County to secure the completion of improvements or performance of other developer obligations in consideration for any procedural or substantive right or entitlement, as may be authorized and required by this Code, the comprehensive plan and applicable law.

Development agreements may be required in conjunction with a rezone to Planned Development (PD) district.

350.2.   Application.

Application for a development agreement shall be made to the Department Director, and may be filed in conjunction with an application for development approval.

Development agreements shall be reviewed, approved and administered as provided in this section and F.S. §§ 163.3220—163.3243, Florida Statutes. If, in the course of such review, approval or administration of a development agreement, a conflict arises between this section and state law, state law shall govern. Amendments and modifications to development agreements shall be treated in the same manner as approvals of development agreements under this section.

350.3.   Form of Agreement for Public Improvements.

Applicants shall be responsible for preparing a draft development agreement using the standardized form provided by the County, and shall specifically identify each substantive change to such form in the draft.

350.4.   Review Procedures.

A.

Staff Review. All development agreements shall be reviewed and processed for completeness and sufficiency pursuant to the requirements of this Chapter.

B.

Standards of Review. All proposed development agreements shall be reviewed to assure that:

1.

Any requirement for Manatee County or a private party to invest in any new construction or improvement of any facility is based upon compliance with all other applicable level of service standards, unless compliance, with adopted level of service standards is made a condition of the local government land development agreement;

2.

Any construction or improvement complies with the County's design, engineering and construction standards; and

3.

Any rights or entitlements granted pursuant to the development agreement are consistent with this Code and the comprehensive plan.

C.

Approval. Development agreements are to be treated as quasi-judicial matters. Accordingly, the applicant shall bear the burden to demonstrate that a development agreement satisfies the requirements of this Section. Except to the extent otherwise required by applicable law, the approval of any development agreement that requires the County to accept or to construct public improvements, or requires the County to accept funds or other consideration toward public improvements, shall be subject to the fiscal and managerial discretion of the Board of County Commissioners.

D.

Public Hearings. At least two (2) public hearings shall be held prior to the approval of a development agreement by the Board. One (1) of the two (2) required public hearings may be held before the Planning Commission. The hearings must be noticed in accordance with this Chapter.

350.5.   Recording.

The County, at the applicant's expense, shall record the development agreement in accordance with the State Statutes.

350.6.   Administration of Development Agreements.

Development agreements shall be subject to periodic review, amendment or cancellation, modification or revocation, and enforcement, pursuant to and in accordance with this section.

350.7.   Application of Subsequently Adopted Local Laws and Policies.

The County may apply subsequently adopted laws and policies to a development that is subject to a development agreement only in accordance with the requirements of the State Statutes.