Subject: Unified Development Ordinance Text Amendment, Development Agreements (TC2000003)July 7th, 2020
FiledJuly 7th, 2020Development agreements, as allowed by NCGS § 160A-400.20 through 400.32 (for municipalities) and 153A-349.1 through 349.13 (for counties), authorize a city or county to enter into a contract with a person or entity that specifies development requirements, standards, and conditions that will govern the development of a property (see Attachment A for full statute). A development agreement can work in tandem with zoning requirements or in lieu of zoning requirements. The Unified Development Ordinance (UDO) prohibited such agreements until the prohibition was removed in 2016. Although the text prohibiting development agreements was removed, no text was added stating that they are affirmatively allowed. If the elected bodies would like to make use of development agreements in the future, it is recommended that such text be added to the UDO.