Development Agreement Law

The development contract must describe in detail the proposed evolution of the property. The degree of detail required is much higher than that required for a change request and, in some respects, more detailed than the information often required for an application for special authorization or conditional use. In the event that a verification by the local government reveals that the developer has a material breach of the agreement,[54] the local government must notify the breach within a reasonable period of time (describe and document its nature with appropriate specificity) and give the developer a reasonable period of time to strengthen it. [55] If the offence is not cured, the local government may unilaterally terminate or amend the agreement. The decision of the local government to do so may be appealed to the Accommodation Chamber in accordance with the normal provisions for classification claims. [56] [52]. G.S. 153A-349.7 (b) and 160A-400.26(b) contain, by reference, the standards set out in G.S. 153A-344.1 (e) and 160A-385.1(e) to amend the rules for site-approved master plans.

[7]. G.S. 153A-349.5 and 160A-400.24 provide that “before the adoption of a development agreement, “a local government shall conduct a public hearing on the proposed agreement in accordance with the procedures defined in G.S. 153A-323 and 160A-364 respectively”. State law requires the availability of certain acquired rights in accordance with local development rules, especially for projects with site-specific building permits and development plans. However, unlike these earlier provisions, the status of the development treaty is more likely than mandatory. [4] Therefore, a local government may choose not to use this approach at all. [10]. For example, the landowner could agree to request voluntary annexation in accordance with G.S. 160A-31. However, this annexation should be completed before the City is tasked with accepting a contract to develop the site. There are also separate statutes that allow two or more cities to conclude agreements on future annexation areas.

G.S. 160A-58.21 to -58.28. These agreements, which the statutes call “annexation agreements”, should not be confused with “development agreements”. In addition, cities and counties can enter into contractual agreements with developers for the installation of improvements for state-owned enterprises. G.S. 160A-320; 153A-320. The local regulations in force at the time of the agreement generally remain in force for the duration of the contract, with certain exceptions. An exception is that local by-laws adopted a posteriori and regulatory amendments may be requested for the same reasons as those that apply to authorized regulatory amendments to specific and phased urban plans. [52] There are three types of amendments that can support such a change in the local time control by-law rule.

First, amendments that either have the agreement of the landowner or that make the landowner financially sound. The landowner`s agreement must be in writing, and for the compensation option, the landowner must be compensated for the full cost of the alteration (without a decrease in the value of the property). Second, these are situations where there are either inaccurate or substantial misrepresentations in the application or a serious threat to public health, safety and welfare. In both cases, the reasons for the modification or revocation must be determined by communication and hearing. Third, it is the adoption of a category of general rules that are not specifically intended for the applicable property. These include zoning rules that impose additional requirements, but do not affect the nature or intensity of use on the site, and the adoption by the court of local rules “of a general nature and applicable to all land subject to land use regulations”. [53] Development agreements concern only administrative authorization for development and, in themselves, cannot affect the competence of a local government. . . .