Updated Working DRAFT UDO_Adopted Version_July 2024

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

1.

Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

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 Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that an application for a Development Agreement may be submitted only by the owner(s) of the property or properties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). 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. 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. 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: 3. 4. 5. Planning and Zoning Board Review and Recommendation

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

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.

Morrisville, NC

July 1, 2024 Page 2-69

Unified Development Ordinance