Common use of Development Area Clause in Contracts

Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project subject to building development pursuant to this Agreement (Exhibit D). This restriction does not include development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 of this Agreement. d. The land uses and activities set forth in Section 5.5.2(e) of this Agreement that do not involve the construction or use of a building may be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this Agreement. e. The land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the development area provided the entity responsible for construction of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 of this Agreement.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- long-term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project project subject to building development pursuant to this Agreement (Exhibit DE). This restriction does not include minimal development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 G.5.1 of this Agreement. d. The following land uses and activities set forth in Section 5.5.2(e) of this Agreement within the development area that do not involve the construction or use of a building may shall be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The Agreement and the University shall include a report of all such activities undertaken in the previous year in the Annual Report required by Section G-26 of this AgreementExhibit: 1) University chilled water, steam, electric duct bank, water, and telecommunication lines; 2) University reclaimed water line (with OWASA); 3) Maintenance and improvements to existing utility lines; 4) Stormwater lines and improvements; 5) Stormwater structures; 6) Public utility lines traversing site (Duke Energy, PSCNC, etc.); 7) Utility structures without a building (e.g., electrical substation); 8) Alterations to utility equipment (generator, other mechanical components); 9) Site storage and construction staging areas; 10) Site clearing less than one acre; 11) Stream restoration projects; 12) Greenways and other paved trails; and 13) Public art. e. The following land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 1) Conditions existing as of date of this Agreement may be sited (which are generally depicted on Map G-4 of this Exhibit); 2) Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement; 3) Roads, internal without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North; 4) Exterior tennis and basketball courts; 5) Athletic facilities and events that are not buildings; 6) Gazebos and other open air shelters; 7) Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.); 8) Memorial gardens; 9) Kiosks and benches; 10) Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area provided not exceed 300 parking places, and all such parking is consistent with the entity responsible for construction provisions of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 G-8 of this Agreement; 11) Site furnishings (recycle containers, fixtures, blue lights); 12) Support facilities for special events (Tar Heel town, concerts, etc.); 13) Demolitions; 14) Landscaping activities; and, 15) Community gardens.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- long-term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project subject to building development pursuant to this Agreement (Exhibit DDE). This restriction does not include minimal development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 G.5.5.1 of this Agreement. d. The following land uses and activities set forth in Section 5.5.2(e) of this Agreement within the development area that do not involve the construction or use of a building shall may be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The and tThe University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this Agreement. e. The land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the development area provided the entity responsible for construction of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 G5-26 of this Agreement.Exhibit: 1) University chilled water, steam, electric duct bank, water, and telecommunication lines; 2) University reclaimed water line (with OWASA);

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies identified as the long- term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement Agreement, no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project subject to building development pursuant to this Agreement (Exhibit D). This restriction does not include development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District (as defined by the LUMO) that is not within a conservation area as defined by Section 5.5.1 of this Agreement. d. The land uses and activities set forth in Section 5.5.2(e) of this Agreement that do not involve the construction or use of a building may be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this Agreement. e. The land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the development area provided the entity responsible for construction of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 of this Agreement.

Appears in 1 contract

Samples: Development Agreement

Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- long-term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project projectProject subject to building development pursuant to this Agreement (Exhibit DE). This restriction does not include minimal development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 G.5.1 of this Agreement. d. The following land uses and activities set forth in Section 5.5.2(e) of this Agreement within the development area that do not involve the construction or use of a building may shall be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The Agreement and the University shall include a report of all such activities undertaken in the previous year in the Annual Report required by Section G-26 of this AgreementExhibit: 1) University chilled water, steam, electric duct bank, water, and telecommunication lines; 2) University reclaimed water line (with OWASA); 3) Maintenance and improvements to existing utility lines; 4) Stormwater lines and improvements; 5) Stormwater structures; 6) Public utility lines traversing site (Duke Energy, PSCNC, etc.); 7) Utility structures without a building (e.g., electrical substation); 8) Alterations to utility equipment (generator, other mechanical components); 9) Site storage and construction staging areas; 10) Site clearing less than one acre; 11) Stream restoration projects; 12) Greenways and other paved trails; and 13) Public art. e. The following land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 1) Conditions existing as of date of this Agreement may be sited (which are generally depicted on Map G-4 of this Exhibit); 2) Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement; 3) Roads, internal without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North; 4) Exterior tennis and basketball courts; 5) Athletic facilities and events that are not buildings; 6) Gazebos and other open air shelters; 7) Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.); 8) Memorial gardens; 9) Kiosks and benches; 10) Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area provided not exceed 300 parking places, and all such parking is consistent with the entity responsible for construction provisions of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 G-8 of this Agreement; 11) Site furnishings (recycle containers, fixtures, blue lights); 12) Support facilities for special events (Tar Heel town, concerts, etc.); 13) Demolitions; 14) Landscaping activities; and, 15) Community gardens.

Appears in 1 contract

Samples: Development Agreement

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Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- long-term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project subject to building development pursuant to this Agreement (Exhibit D). This restriction does not include development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 of this Agreement. d. The land uses and activities set forth in Section 5.5.2(e) of this Agreement that do not involve the construction or use of a building may be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The University shall include a report of all such activities undertaken in the previous year in the Annual Report required by this Agreement. e. The land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the development area provided the entity responsible for construction of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 of this Agreement.

Appears in 1 contract

Samples: Development Agreement

Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- long-term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project subject to building development pursuant to this Agreement (Exhibit DDE). This restriction does not include minimal development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) : Roads with exterior connections (construction); 2) ; Roads with exterior connections (operation); 3) ; Work in any public right of way; 4) ; Surface parking areas with greater than 50 spaces; and, 5) , Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 G.5.5.1 of this Agreement. d. The following land uses and activities set forth in Section 5.5.2(e) of this Agreement within the development area that do not involve the construction or use of a building shall may be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The and tThe University shall include a report of all such activities undertaken in the previous year in the Annual Report required by Section G5-26 of this Agreement.Exhibit: University chilled water, steam, electric duct bank, water, and telecommunication lines; University reclaimed water line (with OWASA); Maintenance and improvements to existing utility lines; Stormwater lines and improvements; Stormwater structures; Public utility lines traversing site (Duke Energy, PSCNC, etc.); Utility structures without a building (e.g., electrical substation); Alterations to utility equipment (generator, other mechanical components); Site storage and construction staging areas; Site clearing less than one acre; Stream restoration projects; Greenways and other paved trails; and Public art. e. The following land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. Conditions existing as of date of this Agreement (which are generally depicted on Map G-4 of this Exhibit); Alterations (but not expansion) in existing parking lots, including repaving, replanting for stormwater mitigation, or changing impervious to pervious pavement; Roads, internal without exterior connections and not designed for vehicular circulation to serve buildings within the developed area of Carolina North; Exterior tennis and basketball courts; Athletic facilities and events that are not buildings; Gazebos and other open air shelters; Unpaved trail construction/maintenance (including volunteer work on paths, harvesting, etc.); Memorial gardens; Kiosks and benches; Incidental parking areas, provided such each such parking area include no more than 50 spaces, the cumulative number of parking places in the limited development area not exceed 300 parking places, and all such parking is consistent with the provisions of Section G-8 of this Agreement; Site furnishings (recycle containers, fixtures, blue lights); Support facilities for special events (Tar Heel town, concerts, etc.); Demolitions; Landscaping activities; and, Community gardens. f. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the development area provided the entity responsible for construction of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 of this Agreement.

Appears in 1 contract

Samples: Development Agreement

Development Area. a. The “development area” includes that portion of the Carolina North Tract identifies as the long- long-term development area set forth in Exhibit B of this Agreement. The development area designated by this section comprises approximately 228 acres. b. Except as specifically provided within this Agreement no development shall be undertaken in the development area in areas identified as “open space,” “working landscapes,” or “recreational fields” on the site plan for the portion of the Carolina North Project subject to building development pursuant to this Agreement (Exhibit D). This restriction does not include development associated with walking paths, stormwater management, wastewater treatment, low impact recreational opportunities (and associated support structures), public art, community gardens, shallow groundwater recharge, native plant nurseries, native habitat for targeted species, and ecological research and learning activities. c. The following land uses and activities within the development area that do not involve the construction or use of a building shall be subject to Town review and approval by the Manager (using the appropriate form for approval acceptable to the Town Manager) and shall only be undertaken in a manner consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement: 1) Roads with exterior connections (construction); 2) Roads with exterior connections (operation); 3) Work in any public right of way; 4) Surface parking areas with greater than 50 spaces; and, 5) Any work in a Resource Conservation District that is not within a conservation area as defined by Section 5.5.1 of this Agreement. d. The land uses and activities set forth in Section 5.5.2(e) of this Agreement that do not involve the construction or use of a building may be undertaken within the development area in a manner substantially consistent with the site plans set forth in this Agreement and any other applicable terms of this Agreement. The University shall include a report of all such activities undertaken in the previous year in the Annual Report required by Section 5-26 of this Agreement. e. The land uses and activities set forth in Section 5.5.2(f) in the development area that do not involve the construction or use of a building are not subject to this Agreement, provided any individual undertaking of the activity does not involve land clearing or grading of more than 20,000 square feet:. f. An elementary school provided pursuant to Section 5.14 of this Agreement may be sited within the development area provided the entity responsible for construction of the school secures a conditional use permit from the Council pursuant to Section 5.5.2 of this Agreement.

Appears in 1 contract

Samples: Development Agreement

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