Morrisville Unified Development Ordinance - February 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.24. Right-of-Way Encroachment Agreement Approval

the North Carolina General Statutes. The Development Agreement shall be subject to the requirements of Section 160A-400.20 et seq. c. Periodic Review At least every 12 months following execution of the agreement, the Planning Director shall conduct a periodic review during which the developer shall be required to demonstrate good faith compliance with the terms of the agreement. If the periodic review finds a material breach of the terms or conditions of the Development Agreement has occurred, notice of the breach and a reasonable opportunity to correct it shall be provided in accordance with Section 160A- 400.27 of the General Statutes. If the breach is not cured within the time given, the Town may terminate or modify the Development Agreement. d. Expiration, Termination, or Modification of Agreement (1) A Development Agreement shall expire in accordance with the provision of the agreement, and may be terminated or modified by mutual consent of the parties to the agreement or their successors in interest, or in accordance with the provisions of this section or Section 160A-400.20 et seq. of the North Carolina General Statutes. (2) Major modification of the agreement shall follow the same procedures as required for initial approval of a Development Agreement. (3) With the mutual consent of the other parties to the agreement, the Planning Director may approve minor modifications of the Development Agreement, without following the same procedures as required for initial approval of the agreement. Before doing so, the Planning Director shall make written findings that the proposed minor modifications would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare. A development agreement shall meet and be subject to all requirements and provisions in Chapter 160A, Article 19, Part 3D of the North Carolina General Statutes, including the following: 1. Section 160A- 400.23’s site area and duration requirements; 2. Section 160A- 400.24’s requirement that delivery of public facilities be tied to implementation of the proposed development; 3. Section 160A- 400.25’s requirements for minimum contents of development agreements, phasing, performance standards and agreement modifications; and A. Applicability The procedures and standards in this subsection apply to the review of applications for Right-of-Way Agreement Approval, which shall be required prior to locating any structure accessory to development on adjoining property within a public street right-of-way maintained by the Town of Morrisville. B. Right-of-Way Encroachment Agreement Approval Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Right-of-Way Encroachment Agreement Approval applications and note any specific variations of, or additions to, those review steps. D. Development Agreement Review Standards 4. Section 160A- 400.28’s provisions for amendment or cancellation of development agreements. 2.5.24. Right-of-Way Encroachment Agreement Approval

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-66