Development Agreement

Some developments, because of their large size, non-traditional nature, multi-phase nature, complexity, or location in proximity to environmentally-sensitive lands require a long-term commitment of public and private resources and annual monitoring to achieve success.

Due to the cost and potential risk associated with these types of projects, applicants often seek assurances that development regulations remain stable during the build-out process.  There are also benefits to the public when the provision of public facilities is coordinated with development and environmentally-sensitive lands are well managed and monitored.  Development agreements have been used by local governments for over 20 years to address these concerns.

The Development Agreement procedure allows the City and the developer to enter into an agreement for completion of the development, subject to compliance with specific requirements set down in the agreement.  A Development Agreement may only be applied to proposed developments of at least 25 buildable acres.  The terms of a Development Agreement apply to all successors in interest.

Except for situations specified in Section 160A-385.1(e) of the North Carolina General Statutes, the City may not subsequently apply ordinances or development policies to a development that is subject to a Development Agreement.  Major modifications to a Development Agreement are reviewed under the same procedure as the original application.  Minor modifications to a Development Agreement may be processed administratively in accordance with Section 30-2.C.20.G.3 of the UDO.