UDO_Adopted Version_February 2025-BAC Updated 4.29.25

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

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. 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 Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that an application for a Development Agreement may be submitted only by the owner(s) of the property or properties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 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. 2. 1. Pre-Application Conference

Development Agreement

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

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:

Morrisville, NC

July 9, 2024 Page 2-70

Unified Development Ordinance