§ 160A-400.26. Law in effect at time of agreement governs development; exceptions. - North Carolina Statutes

§ 160A‑400.26.  Law in effect at time ofagreement governs development; exceptions.

(a)        Unless the development agreement specifically provides forthe application of subsequently enacted laws, the laws applicable todevelopment of the property subject to a development agreement are those inforce at the time of execution of the agreement.

(b)        Except for grounds specified in G.S. 160A‑385.1(e), alocal government may not apply subsequently adopted ordinances or developmentpolicies to a development that is subject to a development agreement.

(c)        In the event State or federal law is changed after adevelopment agreement has been entered into and the change prevents orprecludes compliance with one or more provisions of the development agreement,the local government may modify the affected provisions, upon a finding thatthe change in State or federal law has a fundamental effect on the developmentagreement, by ordinance after notice and a hearing.

(d)        This section does not abrogate any rights preserved by G.S.160A‑385 or G.S. 160A‑385.1, or that may vest pursuant tocommon law or otherwise in the absence of a development agreement. (2005‑426, s. 9(a).)