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24LSO-0471
2024
STATE OF WYOMING
24LSO-0471
Numbered
2.0
HOUSE BILL NO. HB0205
Development agreements.
Sponsored by: Representative(s) Storer, Chadwick and Zwonitzer, Dn and Senator(s) Gierau
A BILL
for
AN ACT relating to administration of the government; authorizing cities, towns and counties to enter into development agreements as specified; specifying requirements for development agreements; specifying the effect of a development agreement when unincorporated territory is incorporated into a city or town; specifying the effect of state and federal law; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 9
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8
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401 through 9
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407 are created to read:
ARTICLE 4
DEVELOPMENT AGREEMENTS
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401.
Definitions.
As used in this article "local agency" means a city, town, county or any combination of cities, towns and counties that may enter into a development agreement.
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402.
Development agreements; requirements.
(a)
Any local agency may enter into a development agreement under this article. Unless otherwise specified in the development agreement, a development agreement under this article shall provide that the rules, regulations and official policies governing the applicable land including any rules, regulations or policies governing zoning of the property and any design, improvement or construction standards applicable to development of the property that is subject to a development agreement shall be those rules, regulations and official policies in force at the time of execution of the development agreement regardless of whether those rules, regulations or official policies are changed after the execution of the development agreement. Any requirement or standard in the rules, regulations or official policies that is not changed by the terms of a development agreement shall apply to the development that is subject to the development agreement. A development agreement shall specify that it does not prevent a local agency, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not directly conflict with the rules, regulations and policies applicable to the property that were in force at the time of the execution of the development agreement as provided in this subsection. A development agreement shall not prevent a local agency from denying or conditionally approving any subsequent development project application on the basis of existing or new rules, regulations or policies.
(b)
Unless amended or canceled as provided in W.S. 9
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404(b) or (c), and subject to W.S. 9
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407, a development agreement shall be enforceable by any party to the agreement notwithstanding any change in any applicable general or specific land use plan, comprehensive plan, zoning ordinance, subdivision or building regulation adopted by the local agency that alters or amends the rules, regulations or policies that were in force at the time of the execution of the development agreement as specified in subsection (a) of this section.
(c)
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the type of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, any required exactions or mitigation necessary to offset impacts of development and any other requirements for the development of the property subject to the agreement.
(d)
A development agreement may:
(i)
Include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that any conditions, terms, restrictions or requirements for subsequent discretionary actions shall not prevent development of the land for the uses set forth in the agreement;
(ii)
Provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time;
(iii)
Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;
(iv)
Provisions that allow applicants to be reimbursed over time for financing public facilities.
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403.
City, town and county powers.
(a)
Any local agency may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article.
(b)
Any city or town may enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory that the city or town is seeking to annex for the development of the property as provided in this article, provided that the development agreement shall not become operative unless annexation proceedings annexing the property to the city or town are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement is null and void.
(c)
Prior to entering into a development agreement under this article, a local agency shall establish procedures and requirements by resolution or ordinance for the consideration of development agreements. The procedures established under this subsection shall include all application requirements for applicants and shall require periodic review of each development agreement not less than once every twelve (12) months, at which time the applicant, or successor in interest, shall be required to demonstrate compliance with the terms of the agreement.
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404.
Approval, amendment and cancellation of development agreements.
(a)
A development agreement shall be approved by the local agency through the adoption of a resolution or ordinance. A development agreement shall not be approved unless the legislative body of the local agency finds that the provisions of the agreement are consistent with applicable local land use and comprehensive plans. The local agency shall hold a public hearing prior to approving any development agreement under this article. At least fifteen (15) days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the area of the local agency. If the local agency is a combination of more than one (1) city, town or county, each member of the local agency shall separately comply with the requirements of this subsection.
(b)
A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Any amendment to a development agreement shall be subject to the provisions of subsection (a) of this section.
(c)
If, as a result of the periodic review required under W.S. 9
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403(c), the local agency finds and determines on the basis of substantial evidence that the applicant or successor in interest has not complied with the terms or conditions of the development agreement, the local agency may terminate or modify the development agreement.
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405.
Recording of development agreement.
Not later than ten (10) days after a local agency enters into a development agreement under this article, the local agency shall record a copy of the development agreement in the office of the county clerk where the land subject to the development agreement is located. The development agreement shall describe the land subject to the agreement. When the development agreement is recorded under this section, the agreement shall impart notice of the agreement to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
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406.
Incorporation of unincorporated territory subject to a development agreement.
(a)
Except as otherwise provided in subsections (b) and (c) of this section and subject to the provisions of W.S. 9
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407, if a newly incorporated city or town or an area newly annexed to a city or town comprises territory that was formerly unincorporated, any development agreement entered into by the county prior to the effective date of the incorporation or annexation shall remain valid for the duration of the agreement or for eight (8) years from the effective date of the incorporation or annexation of the territory, whichever is earlier. The holder of the development agreement and the city or town may agree that the development agreement shall remain valid for a period of more than eight (8) years, provided that the period shall not exceed fifteen (15) years from the effective date
of the incorporation or annexation. The holder of the development agreement and the city or town shall have the same rights and obligations with respect to each other as if the property had remained in the unincorporated territory of the county.
(b)
The city or town may modify or suspend the provisions of the development agreement if the city or town determines that the failure to amend the development agreement would place the residents of the territory subject to the development agreement, the residents of the city or town, or both, in a condition dangerous to their health or safety.
(c)
Except as otherwise provided in subsection (d) of this section, this section applies to any development agreement that meets all of the following requirements:
(i)
The application for the development agreement is submitted to the county prior to the date that the application or petition to incorporate or annex the territory was filed;
(ii)
The county enters into the development agreement with the applicant prior to the date of the election on the question of incorporation or the date that the city or town adopts an ordinance to annex the territory; and
(iii)
The annexation proposal is initiated by the city or town.
(d)
If the annexation proposal is initiated by a petitioner other than the city or town, the development agreement is valid unless the city or town adopts written findings that implementation of the development agreement would create a condition injurious to the health, safety or welfare of its residents.
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407.
State and federal law.
In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one (1) or more provisions of the development agreement, those provisions of the agreement shall be modified or suspended as may be necessary to comply with the state or federal laws or regulations.
Section 2
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This act is effective July 1, 2024
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(END)
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HB0205