Article 6 — Modifications or Termination

If, upon a finding under Section 8-5.503(d), the County determines to proceed with modification or termination of a development agreement, the County shall give written notice to the property owner of its intention to do so. The notice shall contain:

(a) The time and place of the hearing;

(b) A statement as to whether or not the County proposes to terminate or to modify the development agreement; and,

(c) Such other information as the County considers necessary to inform the property owner of the nature of the proceeding including the grounds upon which the proceedings are based.

(Ord. 1445, eff. August 14, 2014)

At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The property owner shall be required to substantiate compliance with the terms and conditions of the development agreement. The burden of proof on this issue shall be on the property owner. If the Board finds, based upon substantial evidence, that the property owner has not substantially complied with the terms or conditions of the agreement, the Board may terminate or modify the development agreement and impose such conditions as it deems necessary to protect the interests of the County and the public. The decision of the Board of Supervisors is final.

(Ord. 1445, eff. August 14, 2014)

Unless amended, canceled, modified, suspended or terminated pursuant to this chapter, or unless otherwise allowed by this chapter, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable or specific plan, zoning, subdivision, or building regulation adopted by the County which alters or amends the rules, regulations or policies specified in effect at the time the development agreement is executed by the County. (Ord. 1445, eff. August 14, 2014)

(a) Any party to a development agreement, other than the County, seeking to bring an action to enforce the development agreement pursuant to Section 8-5.603 shall first appeal all matters to be raised in the action to the Board of Supervisors. The appeal shall be commenced by the filing of a written statement of issues by the Party appealing setting out in detail the basis for the appeal. The statement shall be filed with the clerk of the Board and Planning Director. The Board of Supervisors shall hold a hearing on the issues raised in the statement no later than forty-five (45) days after the statement has been filed with the Clerk of the Board and Planning Director.

(b) The Board of Supervisors shall make findings on all matters raised in the appeal. The party shall not commence an action to enforce the development agreement until after the Board of Supervisors has issued its findings. The Board of Supervisors shall issue its findings no later than fifteen (15) days after the hearing. (Ord. 1445, eff. August 14, 2014)