Morrisville Unified Development Ordinance - July 2021

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

the owner(s) of the property or properties proposed to be developed via a rezoning, or site plan or a person duly authorized to submit the application on behalf of the owner(s).

3.

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.

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.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

6.

Town Council Review and Decision

The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Enter into the development agreement, as submitted;

b. Enter into the development agreement, subject to modifications agreed to in writing by the developer; or

c. Not enter into the development agreement.

7.

Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Recordation A Development Agreement shall be record in accordance with Section 160D-1010 of the General Statutes. b. Effect of Approval Development pursuant to the Development Agreement shall be subject to the terms and conditions of the agreement and to the laws in force at the time of execution of the agreement unless otherwise provided by specific provisions in the agreement or the North Carolina General Statutes. The Development Agreement shall be subject to the requirements of Section 160D-1001 et seq. 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 160D- 1008 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 c.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-66