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When approved by the planning director, one original mylar copy of a recorded plat under this article shall be filed with the register of deeds; one blue line copy shall be on file in the county planning department, and one blue line copy shall be on file with the county department of environmental health.
(Ord. of 7-10-2000, § 5.12.2.1)
Secs. 14-233, 14-234. - Reserved.
DIVISION 6. - DEVELOPMENT AGREEMENTS
Sec. 14-235. - Authorization for development agreements.
Sec. 14-236. - Definitions.
Sec. 14-237. - Approval of development agreements.
Sec. 14-238. - Minimum acreage and maximum durations of agreements.
Sec. 14-239. - Public hearing.
Sec. 14-240. - Contents of the development agreement; major modification requires public notice and hearing.
Sec. 14-241. - Law in effect at time of agreement governs development; exceptions.
Sec. 14-242. - Periodic review to assess compliance with agreement; material breach by developer; notice of breach; cure of breach or modification or termination of agreement.
Sec. 14-243. - Amendment or cancellation of development agreement by mutual consent of parties or successors in interest.
Sec. 14-244. - Validity and duration of agreement entered into prior to change of jurisdiction; subsequent modification or suspension.
Sec. 14-245. - Developer to record agreement within 14 days; burdens and benefits inure to successors in interest.
Sec. 14-246. - Applicability to local government of constitutional and statutory procedures for approval of debt.
Sec. 14-247. - Relationship of agreement to building or housing code.
Secs. 14-248—14-250. - Reserved.
The Johnston County Board of Commissioners finds that:
(a) Large-scale development projects often occur in multiple phases extending over a period of years, requiring a longterm commitment of both public and private resources.
(b) Such large-scale developments often create potential community impacts and potential opportunities that are difficult or impossible to accommodate within traditional zoning processes.
(c) Because of their scale and duration, such large-scale projects often require careful integration between public capital facilities planning, financing, and construction schedules and the phasing of the private development.
(d) Because of their scale and duration, such large-scale projects involve substantial commitments of private capital by developers, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.
(e) Because of their size and duration, such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas.
(f) And, to better structure and manage development approvals for such large-scale developments and ensure their proper integration into local capital facilities programs, Johnston County needs the flexibility in negotiating such developments.
Therefore, per G.S. ch. 160D, article 10, the board of commissioners may enter into development agreements with developers, subject to the procedures and requirements of this division. In entering into such agreements, the board of commissioners 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.
This authorization of development agreements is supplemental to the powers conferred by the state upon local governments and does not preclude or supersede rights and obligations established pursuant to other laws regarding building permits, site-specific development plans, phased development plans, and/or other provisions of law.
(Amend. of 7-10-2006(1); Amend. of - -)
The following definitions apply in this division:
Comprehensive plan. The comprehensive plan, land-use plan, small-area plans, neighborhood plans, transportation plan, capital-improvement plan, official map, and/or any other plans regarding land use and development that have been officially adopted by the governing board.
Developer. A person, company, or other entity, including a governmental agency or redevelopment authority, that intends to undertake any development and who has a legal or equitable interest in the property to be developed.
Development. The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. "Development", as designated in a law or development permit, includes the planning for, and all other activity customarily associated with, that activity, use or appearance, and/or division of land, unless otherwise specified. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.
Development permit. A building permit, zoning permit, subdivision approval, special or conditional use permit, variance, or any other official action of Johnston County having the effect of permitting the development of property.
Governing body. The Board of County Commissioners of Johnston County.
Land development regulations. Ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes zoning, subdivision, or any other land development ordinances.
Laws. All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies, and rules adopted by Johnston County affecting the development of property, and includes laws governing permitted uses of the property, density, design, and improvements.
Local government. Johnston County and any other regulatory entity that exercises authority over and/or grants development permits for land development or that provides public facilities.
Local planning board. Any planning board established pursuant to G.S. 153A-321.
Person. An individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity.
Property. All real property subject to land-use regulation by Johnston County and includes any improvements or structures customarily regarded as a part of real property.
Public facilities. Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
(Amend, of 7-10-2006(1))
Only the Board of Commissioners of Johnston County may approve a development agreement on behalf of the county. Other government entities may also be party to the development agreement. The board of commissioners may establish procedures and requirements, as provided in this division, to consider and enter into development agreements with developers.
(Amend. of 7-10-2006(1))
The property that is the subject of a development agreement must contain at least 25 acres of developable property (exclusive of wetlands, mandatory buffers, unbuildable slopes, and other portions of the property which may be precluded from development at the time of application).
All development agreements shall be of a term specified in the agreement.
(Amend. of 7-10-2006(1); Amend. of - - )
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