UDO Update 082024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.24. Development Agreement

a. Effect of Approval To the extent a decision on an Administrative Appeal application pertains to application of a particular provision of this Ordinance in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the Planning Director, Town Engineer, or other administrative official in applying the same provision of this Ordinance in the same circumstance. b. Expiration of Approval The decision on an Administrative Appeal application does not expire, but shall remain valid except to the extent this Ordinance is subsequently amended to reflect any reversal or modification of the decision, interpretation, or order that was appealed. 1. The Planning and Zoning Board shall review the Administrative Appeal application in accordance with the standards of this Ordinance applicable to the decision, interpretation, or order being appealed, and shall base its decision solely on the record established below for the decision, interpretation, or order being appealed. The record shall consist of the all documents, hearing records, and other materials related to the decision, interpretation, or order. 2. The Planning and Zoning Board may modify or reverse a decision, interpretation, or order (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the administrative officer’s application of the relevant stand ards or provisions of this Ordinance. 1. 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. 2. 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 160D, Article 10, 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 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. C. Administrative Appeal Review Standards 2.5.24. Development Agreement A. Findings and Purpose

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-68