Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.23. Development Agreement
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 2-71
Planning and Zoning Board Review and Recommendation
The Planning and Zoning Board shall review the application and make a recommendation in
accordance with Section
Town Council Review and Decision
The Town Council shall review the application, hold a standard public hearing, and decide the
application in accordance with Section The decision shall be one of the following:
a. Enter into the development agreement, as submitted;
b. Enter into the development agreement, subject to modifications agreed to in writing by the
developer; or
c. Not enter into the development agreement.
Post-Decision Actions
The post-decision actions and limitations in Section shall apply to the application except as
follows:
a. Recordation
A Development Agreement shall be record in accordance with Section 160A-400.30 of the
General Statutes.
b. Effect of Approval
Development pursuant to the Development Agreement shall be subject to the terms and
conditions of the agreement and to the laws in force at the time of execution of the agreement
unless otherwise provided by specific provisions in the agreement or Section 160A-400.26 of
the North Carolina General Statutes. The Development Agreement shall be subject to the
requirements of Section 160A-400.20 et seq.
c. Periodic Review
At least every 12 months following execution of the agreement, the Planning Director shall
conduct a periodic review during which the developer shall be required to demonstrate good
faith compliance with the terms of the agreement. If the periodic review finds a material breach
of the terms or conditions of the Development Agreement has occurred, notice of the breach
and a reasonable opportunity to correct it shall be provided in accordance with Section 160A-
400.27 of the General Statutes. If the breach is not cured within the time given, the Town may
terminate or modify the Development Agreement.
d. Expiration, Termination, or Modification of Agreement
(1) A Development Agreement shall expire in accordance with the provision of the agreement,
and may be terminated or modified by mutual consent of the parties to the agreement or
their successors in interest, or in accordance with the provisions of this section or Section
160A-400.20 et seq. of the North Carolina General Statutes.
(2) Major modification of the agreement shall follow the same procedures as required for
initial approval of a Development Agreement.
(3) With the mutual consent of the other parties to the agreement, the Planning Director may
approve minor modifications of the Development Agreement, without following the same
procedures as required for initial approval of the agreement. Before doing so, the
Planning Director shall make written findings that the proposed minor modifications would
not significantly change the use, intensity, or design of the development, would be
consistent with the purposes and goals of the agreement, would comply with this
Ordinance, and would not adversely affect the public health, safety, or general welfare.