Morrisville Unified Development Ordinance – September 2018

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

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. 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. 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 160A-400.30 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 Section 160A-400.26 of 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.

Morrisville, NC

September 25, 2018

Unified Development Ordinance

Page 2-71