A. Purpose and Intent. The purpose for the development agreement procedure is to establish a flexible process for the establishment and review of large-scale development projects likely to build out over several years. This procedure is intended to:
1. Provide more regulatory certainty for applicants;
2. Establish a schedule for development to allow the Town to plan accordingly;
3. Coordinate the provision of public facilities;
4. Allow for vesting periods that exceed those in the General Statutes or in Section 2.2.23, Vested Rights Determination; and
5. Improve management of environmentally-sensitive lands.
B. Applicability.
1. At the request of an applicant, the Board of Commissioners may enter into a development agreement with a developer for a development of any size and for any duration, provided the duration is specified in the agreement.
2. All development agreements shall be subject to Sections 160D-1001 - 160D-1012 of the North Carolina General Statutes, and the provisions of this section.
C. Development Agreement Procedure. The development agreement procedure is described in Figure 2.2.8, Development Agreement Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Review and Decision by Board of Commissioners.
1. The Board of Commissioners, after the conclusion of a legislative public hearing, shall review and decide the application in accordance with Section 2.2.8.E, Development Agreement Review Standards. The decision shall be the one of the following:
a. Enter into the development agreement, as submitted;
b. Enter into the development agreement, subject to changes agreed to in writing by the developer; or
c. Not enter into the development agreement.
2. Approval of a development agreement shall be by ordinance.
E. Development Agreement Review Standards. For the Town to participate in a development agreement, a development subject to the agreement must:
1. Comply with the requirements in Section 160D-1001 through Section 160D-1012 of the North Carolina General Statutes;
2. Indicate the proposed phasing; and
3. Demonstrate the impact on existing and future provisions of capital improvements by the Town, including at least one of the following: transportation, potable water, sanitary sewer, solid waste, stormwater management, educational, parks and recreation, and health systems and facilities.
F. Recordation. Within 14 days after entering into a development agreement, the applicant shall record the agreement in the office of the Wake County Register of Deeds.
G. Annual Review. During any period of time in which a permit or development approval subject to a development agreement is active, the Planning Director shall review the development at least once every year for compliance with the agreement and file a report with the Board of Commissioners.
H. Amendment.
1. Mutual Consent. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
2. Material Changes are Amendments. Consideration of a proposed material change of a development agreement beyond the scope of a minor change shall be reviewed and considered in accordance with the procedures and standards established for the original approval of a development agreement.
I. Expiration. A development agreement shall run for the duration of its term unless the agreement is terminated.
J. Appeal.
1. A decision by the Board of Commissioners on a development agreement shall be subject to review by the Wake County Superior Court.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the decision is filed in the office of the appropriate review authority and delivered by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)