160D-1001. Authorization. (a) The General Assembly finds the following: (1) Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources. (2) Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes. (3) Because of their scale and duration, […]
160D-1002. Definitions. The following definitions apply in this Article: (1) Development. – The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. When appropriate to the context, "development" refers […]
160D-1003. Approval of governing board required. (a) A local government may establish procedures and requirements, as provided in this Article, to consider and enter into development agreements with developers. A development agreement must be approved by the governing board of a local government following the procedures specified in G.S. 160D-1005. (b) The development agreement may, […]
160D-1004. Size and duration. A local government may enter into a development agreement with a developer for the development of property as provided in this Article for developable property of any size. Development agreements shall be of a reasonable term specified in the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
160D-1005. Hearing. Before entering into a development agreement, a local government shall conduct a legislative hearing on the proposed agreement. The notice provisions of G.S. 160D-602 applicable to zoning map amendments shall be followed for this hearing. The notice for the hearing must specify the location of the property subject to the development agreement, the […]
160D-1006. Content and modification. (a) A development agreement shall, at a minimum, include all of the following: (1) A description of the property subject to the agreement and the names of its legal and equitable property owners. (2) The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements […]
160D-1007. Vesting. (a) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. (b) Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), a local government […]
160D-1008. Breach and cure. (a) Procedures established pursuant to G.S. 160D-1003 may include a provision requiring periodic review by the zoning administrator or other appropriate officer of the local government, at which time the developer shall demonstrate good-faith compliance with the terms of the development agreement. (b) If the local government finds and determines that […]
160D-1009. Amendment or termination. Subject to the provisions of G.S. 160D-1006(e), a development agreement may be amended or terminated by mutual consent of the parties. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
160D-1010. Change of jurisdiction. (a) Except as otherwise provided by this Article, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement or eight years from the effective date of the change in jurisdiction, whichever is earlier. The […]
160D-1011. Recordation. The developer shall record the agreement with the register of deeds in the county where the property is located within 14 days after the local government and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are […]
160D-1012. Applicability of procedures to approve debt. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government, with any applicable constitutional and […]
