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

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. 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 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 their successors in interest, or in accordance with the provisions of this section or Section 160D-1009 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 160D Article 10 of the North Carolina General Statutes, including the following: 1. Section 160D-1004 site area and duration requirements; 2. Section 160D-1006 requirement that delivery of public facilities be tied to implementation of the proposed development; 3. Section 160D-1006 requirements for minimum contents of development agreements, phasing, performance standards and agreement modifications; and 4. Section 160D-1009 provisions for amendment or cancellation of development agreements.

D. Development Agreement Review Standards

Morrisville, NC

July 9, 2024 Page 2-71

Unified Development Ordinance