At least once every 12 months, the planning director or designee shall review the status of the development to ascertain its level of compliance with the agreement. Within 60 days of the mailing of the compliance report of the planning director or designee to the developer, the developer must demonstrate a plan for, or progress toward, good-faith compliance with any noncompliance or deficiency indicated in the report.
(a) If, after these 60 days, the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the local government shall serve notice in writing, within the next 30 days, 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. That reasonable time shall not exceed 180 days.
(b) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 153A-345(b).
(Amend of 7-10-2006(1))