When Used.
This Subsection provides guidelines for use of voluntary development agreements. A voluntary development agreement may be used for any discretionary development approval that requires an APFA as set forth in Tables 4-1 and 6-1. Any applicant may request a development agreement for any development even if not specified in Table 4-1 and Table 6-1.

Purpose.
The purpose for entering into a voluntary development agreement is to provide a mechanism for the County, owner/applicants and third party governmental entities to form agreements, binding on all parties, successors and assigns, regarding implementation of development orders granting concurrent applications for development approval.

In General. A voluntary development agreement is a contract between the County and an applicant which governs, in a comprehensive way, development of a property. A voluntary development agreement provides assurance to the applicant that the proposed development will not be subject to subsequent amendments to the SLDC. A voluntary development agreement memorializes agreements concerning public services and facilities to be provided. And, a voluntary development agreement includes conditions and mitigation measures that must be met to assure that the proposed development does not have unacceptable impacts on neighboring properties, infrastructure or services. A voluntary development agreement shall contain agreements concerning phasing of a project, vesting, the timing of the construction of public improvements, the applicant’s contribution toward funding system-wide community improvements, and other conditions.

See § 12.4.4 Contents for more information.

Approval.
A voluntary development agreement, once in draft form and having been approved by the Administrator and the County Attorney, is adopted by the Board after notice and hearing. The Board may, in its legislative discretion, authorize the Administrator to enter into a voluntary development agreement so long as the approval sought is ministerial, not legislative or quasi-judicial.

Limitations.  A voluntary development agreement has some inherent limitations, including the following:
A voluntary development agreement is not a substitute for, nor an alternative to, required development approval; and

A development agreement may be used to document agreement concerning the advancement of public facilities and services that incorporates the pre-existing requirements and standards set forth in the SLDC. Such a provision in a development shall set forth obligations of the applicant that are roughly proportional to the need for facilities and services determined to exist, based on the SRAs and the application of submittal data to the levels of service and other factors set forth in the SLDC.
Criteria. The Board may enter into a voluntary development agreement pursuant to this Section only if it finds that:
The voluntary development agreement has been duly processed concurrently with the application or applications for development approval to which it is attached, in accordance with the processing provisions of the SLDC;

The development project to which the voluntary development agreement pertains is consistent with the SLDC, the Official Map and the CIP;

The applicant has agreed to provide facilities and services in order to meet the adequate public facility and services requirements of the SLDC;

The proposed agreement is consistent with the SLDC and the provisions of other County ordinances and regulations and applicable state and federal law; and

The proposed agreement is enforceable by the County and any third party beneficiary to the voluntary development agreement, and by the applicant and the applicant’s assigns and successors in interest by civil judicial action, except that if an administrative revocation or enforcement action for violation of the voluntary development agreement has been initiated by the County and is pending, any and all enforcement or disputes shall be determined in the administrative proceedings prior to appeal or commencement of a civil action.
Force and Effect of Voluntary Development Agreements. 
Unless a voluntary development agreement provides for requirements greater than those required by the SLDC and other ordinances, plans and regulations, development and use of the land that is the subject of a voluntary development agreement shall occur according to the terms, conditions, and other provisions of the agreement, consistent with the SLDC and other ordinances, plans and regulations.

See § 12.4: DEVELOPMENT AGREEMENTS for complete information.