§ 160A-400.20. Authorization for development agreements. - North Carolina Statutes

Part3D. Development Agreements.

§ 160A‑400.20.  Authorization for developmentagreements.

(a)        The General Assembly finds:

(1)        Large‑scale development projects often occur inmultiple phases extending over a period of years, requiring a long‑termcommitment of both public and private resources.

(2)        Such large‑scale developments often create potentialcommunity impacts and potential opportunities that are difficult or impossibleto accommodate within traditional zoning processes.

(3)        Because of their scale and duration, such large‑scaleprojects often require careful integration between public capital facilitiesplanning, financing, and construction schedules and the phasing of the privatedevelopment.

(4)        Because of their scale and duration, such large‑scaleprojects involve substantial commitments of private capital by developers,which developers are usually unwilling to risk without sufficient assurancesthat development standards will remain stable through the extended period ofthe development.

(5)        Because of their size and duration, such developments oftenpermit communities and developers to experiment with different ornontraditional types of development concepts and standards, while stillmanaging impacts on the surrounding areas.

(6)        To better structure and manage development approvals forsuch large‑scale developments and ensure their proper integration intolocal capital facilities programs, local governments need the flexibility innegotiating such developments.

(b)        Local governments and agencies may enter into developmentagreements with developers, subject to the procedures and requirements of thisPart. In entering into such agreements, a local government may not exercise anyauthority or make any commitment not authorized by general or local act and maynot impose any tax or fee not authorized by otherwise applicable law.

(c)        This Part is supplemental to the powers conferred upon localgovernments and does not preclude or supersede rights and obligationsestablished pursuant to other law regarding building permits, site‑specificdevelopment plans, phased development plans, or other provisions of law. (2005‑426, s. 9(a).)