Development agreements provide for a written agreement between a developer and the village to address the challenges and timing of build-out of large-scale projects. Agreements are appropriate for multi-phase projects requiring long-term commitment for public and private resources requiring careful coordination for planning, financing, and construction, but are not size-restricted. A development agreement is not a mechanism for a variance from the standards of this ordinance.
(A) Concurrent Submittal. The agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy.
(B) Content. A development agreement shall contain the following.
(1) A description of the property and the names of legal and equitable property owners.
(2) Length of the agreement.
(3) Development uses permitted including population densities, intensities, building types, placement on site and design.
(4) A description of public facilities defining:
(a) Who will provide the facility;
(b) When the facility will be provided;
(c) A schedule demonstrating services will be provided concurrent with the development requiring the service;
(d) Determination of project deliverables by the developer that trigger successful performance for the requirement of the service.
(5) A description of land reserved or dedicated for public purposes.
(6) Any other terms regarding public health, safety, or welfare.
(7) Any provisions for the preservation and restoration of historic structures.
(8) A development schedule may be provided including commencement and completion dates.
(9) The agreement may contain penalties for material breach of the agreement.
(10) Other matters agreed to by the parties within the scope consistent with this ordinance.
(C) Parties to the agreement. The agreement may include other local government or regional utility authorities but must specify which local government is responsible for overall administration.
(D) Procedural Requirements.
(1) Before entering into a development agreement, Village Council shall conduct a legislative hearing on the proposed agreement subject to the notice provisions of NCGS § 160D-602 for zoning map amendments. The notice shall contain the following:
(a) Location of the subject property.
(b) Proposed uses.
(c) Where a copy of the proposed agreement may be obtained.
(2) The applicant is encouraged to move the development agreement concurrent with other project approvals such as zoning amendments. No development approvals may be issued until such time as the agreement is recorded.
(3) Upon approval, the development agreement shall be recorded at the Moore County Register of Deeds within fourteen (14) days of execution.
(E) Breach and Cure.
(1) The Zoning Administrator is authorized to periodically review the agreement annually to ensure good-faith compliance with the agreement.
(2) If the developer has committed a material breach of the agreement, the developer shall be notified in writing the nature of the breach, the evidence supporting the finding and a time-period in which to correct the breach.
(3) If the developer fails to correct the material breach within the time given, the local government may unilaterally terminate or modify the agreement subject to appeal to the Board of Adjustment.
(4) The agreement is enforceable by any party to the agreement, and action for injunctive relief may be filed to enforce the terms of the agreement.
(F) Amendment or Termination. A development agreement may be amended or terminated by mutual consent of the parties.
(Ord. 21-12, passed 07-27-2021)