(A) Public hearing. Before entering into a development agreement, a local government shall conduct a public hearing on the proposed agreement following the procedures set forth in G.S. Chapter 160D regarding chapter adoption or amendment. The notice for the public hearing shall specify the location of the property subject to the development agreement, the development uses proposed on the property, and shall specify a place where a copy of the proposed development agreement can be obtained. In the event that the development agreement provides that the county shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development (such as meeting defined completion percentages or other performance standards).
(B) Contents of development agreement.
(1) A development agreement shall, at a minimum, include all of the following:
(a) A legal description of the property subject to the agreement and the names of its legal and equitable property owners;
(b) The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period;
(c) The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design;
(d) A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development;
(e) A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property;
(f) A description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions;
(g) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the county for the public health, safety, or welfare of its citizens; and/or
(h) A description, where appropriate, of any provisions for the preservation and restoration of historic structures.
(2) A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. Chapter 160D but shall be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. The developer may request a modification in the dates as set forth in the agreement. Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement.
(3) If more than one local government is made party to an agreement, the agreement shall specify which local government is responsible for the overall administration of the development agreement.
(4) The development agreement also may cover any other matter not inconsistent with this section.
(C) Recordation of agreement. Within 14 days after a local government enters into a development agreement, the developer shall record the agreement with the county’s Register of Deeds. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
(D) Periodic review. Periodic review is required to assess compliance with agreement, material breach by developer, notice of breach, cure of breach, and/or modification or termination of agreement.
(1) Procedures established pursuant to G.S. Chapter 160D shall include a provision for requiring periodic review by the Administrator or other appropriate officer of the county at least every 12 months, at which time the developer shall be required to demonstrate good faith compliance with the terms of the development agreement.
(2) If, as a result of a periodic review, the county finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the county shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(3) If the developer fails to cure the material breach within the time given, then the county unilaterally may terminate or modify the development agreement; provided, the notice of termination or modification may be appealed to the Board of Adjustment.
(E) Validity and duration of development agreement. A development agreement entered into prior to change of jurisdiction, or subsequent modification or suspension of regulation shall remain valid.
(1) Except as otherwise provided by this section, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement, or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the county assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction.
(2) A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the county determines that the failure of the county to do so would place the residents of the territory subject to the development agreement, or the residents of the county, or both, in a condition dangerous to their health or safety, or both.
(F) Amendment or cancellation of development agreement. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
(Ord. passed 10-17-2011; Res. passed 11-16-2020)