Unified Development Ordinance, 31st Supplement, May 2024

CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures

Sec. 10.2.19. Reserved for future codification Sec. 10.2.20. Development Agreements A. Definitions and Applicability 1. Definitions. The following definitions apply in this Sec. 10.2.20: a. Development - The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item. b. Public facilities – Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. 2. Applicability. The City may enter into a development agreement with a developer for the development of property as provided in this section for developable property of any size. Development agreements shall be for a reasonable term specified in the agreement. B. Pre-Application Conference Before submitting a draft development agreement, an applicant should schedule a pre-application conference with the Planning Director to discuss the scope of the proposed development agreement. C. Development Agreement Provisions and Requirements 1. The development agreement shall, at a minimum, include the following: a. A description of the property subject to the agreement and the names of its legal and equitable property owners. b. The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.

4. If noncompliance is discovered, revocation of the site plan and remedies authorized by Article 10.4. Enforcement may be undertaken by the City, notwithstanding the vesting of the site plan. 5. Site plans which are vested under this section shall be subject to new or amended zoning regulations as allowed by State law and such vested rights shall terminate for any of the reasons stated in N.C. Gen. Stat. §160D-108.1(e).

10 – 63 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina

Supp. No. 31