Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.23. Development Agreement
June 23, 2017 Morrisville, NC
Page 2-70 Unified Development Ordinance
2.5.23. Development Agreement
A. Findings and Purpose
The Town Council finds and determines that development agreements may be useful to both the
Town and developers of land in the town by providing more regulatory certainty, establishing a
schedule for development, assisting both developers and the Town coordinate the provision of
adequate public facilities to serve development, coordinating the phasing of development, and
administering management efforts to maintain open space and environmentally sensitive lands.
The purpose of this section is to authorize development agreements to be entered into between a
developer and the Town Council in accordance with the procedures and standards of this section
to encourage comprehensive planning and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources, while
providing certainty in the process of obtaining development permits and approvals, and reduce
the economic costs of development by providing greater regulatory certainty.
B. Applicability
The Town Council may enter into a development agreement with a developer, subject to Chapter 160A,
Article 19, Part 3D of the North Carolina General Statutes. In entering into a development agreement,
the Town may not exercise any authority or make any commitment not
authorized by general or local act, and may not impose any tax or fee not
authorized by otherwise applicable law.
C. Development Agreement Procedure
Figure and the following subsections identify those steps in the
standard review procedure (se applicable to the review of a
Development Agreement application and note any specific variations of, or
additions to, those review steps.
Pre-Application Conference
The applicant shall hold a pre-application conference with Town staff
in accordance with Section
Application Submittal and Acceptance
The application shall be submitted and accepted, and may be
withdrawn, in accordance with Section except that an
application for a Development Agreement may be submitted only by
the owner(s) of the property or properties proposed to be rezoned or
a person duly authorized to submit the application on behalf of the
owner(s).
Staff Review and Recommendation
The Planning Director shall review the application, allow revisions of
the application, and prepare a staff report and recommendation in
accordance with Section
Scheduling and Public Notice of Meetings
The Planning Director shall schedule the application for, and provide
required public notices of, Planning and Zoning Board and Town
Council meetings in accordance with Section
Development
Agreement
Town Council Review and
Decision
with standard public hearing
Scheduling and Notice of
Meetings
Staff Review and
Recommendation
with DRC review
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Applicable
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
with public comment session
Figure 2.5.23.C