Gain an understanding of what a development agreement is and how it is different from other land use approvals.
The use of development agreements is widespread but their potential benefits are often overlooked or misunderstood by both developers and local government officials. A well-crafted development agreement provides the developer the assurances it needs to secure financing and proceed with construction while offering local government the public benefits it otherwise could not achieve by regulation. The development agreement also offers a mechanism to address a host of issues that commonly arise in the land development process between developers and local governments, such as the timing of the provision of public facilities, the inclusion of certain types of housing, and the annual number of building permits. This presentation will review the purpose behind development agreements, what they can do (and cannot do), how procedural missteps and drafting errors can expose the parties to liability and/or potentially scuttle an otherwise well-thought out project, and other issues the audience brings to the table for our consideration.
Learning Objectives
- You will be able to define what a development agreement is and how it is different from other land use approvals.
- You will be able to describe the benefits of development agreements to local governments and developers.
- You will be able to discuss the procedures for approving development agreements.
- You will be able to explain what vested rights are and how/when they apply to a project.
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Agenda
Benefits of Development Agreements
- Benefits to the Government
- Benefits to the Developer
- Other Benefits
The Constitutionality of Land Development Conditions
- Nexus and Proportionality
- Exactions, Dedications, Fees
Procedures
- Statutory Authority
- Approval and Adoption of the Agreement
- Public Hearings
- Conformance to Plans
- Amendment or Cancellation
- Limits on Conditions
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 30, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David Warner
Ancel Glink
- Of counsel, Ancel Glink, Maryland
- Nationally recognized expert in the field of land use and zoning law specializing in economic development, annexations, land use entitlements, historic preservation, planned unit developments, and affordable housing
- Has steered large-scale residential, commercial and industrial projects through the gamut of land use approvals, negotiations, compliance issues and financing until completion on behalf of private developers, builders, REITs, and financial entities
- Regularly advises elected officials, advisory bodies, and local government officials on development review and practice, vested rights, federal and state mandates, risk management, and procedure
- Member of the State Bars of California, Illinois, Nevada, and Wisconsin and regularly leads seminars and workshops on land use, zoning and development, constitutional law, and the First Amendment
- His most recent article, “Annexation, A Cautionary Tale” appeared in the February 2019 issue of Planning, for the American Planning Association
- J.D. degree, UCLA School of Law; M.A. degree, University of Maryland Baltimore County; B.A. degree, Northwestern University
- Can be contacted at [email protected], [email protected], or 920-917-3194
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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