Morrisville Unified Development Ordinance - April 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.23. Development Agreement

2.5.23. Development Agreement

A. Findings and Purpose

Development Agreement

The Town Council finds and determines that development agreements may be useful to both the Town and developers of land in the town by providing more regulatory certainty, establishing a schedule for development, assisting both developers and the Town coordinate the provision of adequate public facilities to serve development, coordinating the phasing of development, and administering management efforts to maintain open space and environmentally sensitive lands. The purpose of this section is to authorize development agreements to be entered into between a developer and the Town Council in accordance with the procedures and standards of this section to encourage comprehensive planning and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, while providing certainty in the process of obtaining development permits and approvals, and reduce the economic costs of development by providing greater regulatory certainty. B. Applicability The Town Council may enter into a development agreement with a developer, subject to Chapter 160A, Article 19, Part 3D of the North Carolina General Statutes. In entering into a development agreement, the Town may not exercise any authority or make any commitment not authorized by general or local act, and may not impose any tax or fee not authorized by otherwise applicable law. C. Development Agreement Procedure Figure 2.5.23.C and the following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Development Agreement application and note any specific variations of, or additions to, those review steps.

Step is Applicable

Step is Not Applicable

Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Planning and Zoning Board Review and Recommendation with public comment session

Town Council Review and Decision with standard public hearing

Figure 2.5.23.C

Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that an application for a Development Agreement may be submitted only by the owner(s) of the property or properties proposed to be rezoned or a person duly authorized to submit the application on behalf of the owner(s).

Staff Review and Recommendation

The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4.

Scheduling and Public Notice of Meetings

The Planning Director shall schedule the application for, and provide required public notices of, Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5.

April 23, 2019

Morrisville, NC

Page 2-70

Unified Development Ordinance