Subject: Unified Development Ordinance Text Amendment, Development Agreements SummaryMay 21st, 2020
FiledMay 21st, 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 voluntary contract with a person or entity that specifies development requirements, standards, and conditions that would govern the development of a property (see Attachment A for full statute). A development agreement can work in tandem with zoning requirements and/or supplementary to 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 affirmative text was added. After consultation with the City Attorney’s office, it is recommended that such text be added to the UDO.