§ 153A-349.8. Periodic review to assess compliance with agreement; material breach by developer; notice of breach; cure of breach or modification or termination of agreement.
§ 153A‑349.8. Periodic review to assesscompliance with agreement; material breach by developer; notice of breach; cureof breach or modification or termination of agreement.
(a) Procedures established pursuant to G.S. 153A‑349.3must include a provision for requiring periodic review by the zoningadministrator or other appropriate officer of the local government at leastevery 12 months, at which time the developer must be required to demonstrategood faith compliance with the terms of the development agreement.
(b) If, as a result of a periodic review, the local governmentfinds and determines that the developer has committed a material breach of theterms or conditions of the agreement, the local government shall serve noticein writing, within a reasonable time after the periodic review, upon thedeveloper setting forth with reasonable particularity the nature of the breachand the evidence supporting the finding and determination, and providing thedeveloper a reasonable time in which to cure the material breach.
(c) If the developer fails to cure the material breach withinthe time given, then the local government unilaterally may terminate or modifythe development agreement; provided, the notice of termination or modificationmay be appealed to the board of adjustment in the manner provided by G.S. 153A‑345(b).(2005‑426, s. 9(b).)