§ 160A-400.25. What development agreement must provide; what it may provide; major modification requires public notice and hearing.
§ 160A‑400.25. What development agreement mustprovide; what it may provide; major modification requires public notice andhearing.
(a) A development agreement shall at a minimum include all ofthe following:
(1) A legal description of the property subject to the agreementand the names of its legal and equitable property owners.
(2) The duration of the agreement. However, the parties are notprecluded from entering into subsequent development agreements that may extendthe original duration period.
(3) The development uses permitted on the property, includingpopulation densities and building types, intensities, placement on the site,and design.
(4) A description of public facilities that will service thedevelopment, including who provides the facilities, the date any new publicfacilities, if needed, will be constructed, and a schedule to assure publicfacilities are available concurrent with the impacts of the development.
(5) A description, where appropriate, of any reservation ordedication of land for public purposes and any provisions to protectenvironmentally sensitive property.
(6) A description of all local development permits approved orneeded to be approved for the development of the property together with astatement indicating that the failure of the agreement to address a particularpermit, condition, term, or restriction does not relieve the developer of thenecessity of complying with the law governing their permitting requirements,conditions, terms, or restrictions.
(7) A description of any conditions, terms, restrictions, orother requirements determined to be necessary by the local government for thepublic health, safety, or welfare of its citizens.
(8) A description, where appropriate, of any provisions for thepreservation and restoration of historic structures.
(b) A development agreement may provide that the entiredevelopment or any phase of it be commenced or completed within a specifiedperiod of time. The development agreement must provide a development schedule,including commencement dates and interim completion dates at no greater thanfive‑year intervals; provided, however, the failure to meet acommencement or completion date shall not, in and of itself, constitute amaterial breach of the development agreement pursuant to G.S. 160A‑400.27but must be judged based upon the totality of the circumstances. Thedevelopment agreement may include other defined performance standards to be metby the developer. The developer may request a modification in the dates as setforth in the agreement. Consideration of a proposed major modification of theagreement shall follow the same procedures as required for initial approval ofa development agreement.
(c) If more than one local government is made party to anagreement, the agreement must specify which local government is responsible forthe overall administration of the development agreement.
(d) The development agreement also may cover any other matternot inconsistent with this Part. (2005‑426, s.9(a).)