Unified Development Ordinance - Currituck County Government

Chapter 2: AdministrationSECTION 2.4: SPECIFIC REVIEW PROCEDURESSubsection 2.4.18: Development Agreement(a)(b)(c)(d)The decision-maker did not make an error or correctly applied thestandards of this Ordinance in making the decision or interpretation;The decision-maker made an error in determining whether a standardwas met. The record must indicate that an error in judgmentoccurred or facts, plans, or regulations were misread in determiningwhether the particular standard was or was not met;The decision-maker made the decision based on a standard notcontained in this Ordinance or other appropriate county ordinances,regulations, or state law, or that a standard more strict or broad thanthe standard established in this Ordinance was applied; orThe decision-maker made an error in applying a standard or measuringa standard.(2) Where conflicting evidence exists, the appeal is limited to determining whatevidence or testimony bears the greatest credibility in terms of documentationand qualifications of those making the determination.(3) The Board of Adjustment shall not hear any evidence or make any decisionbased on hardships or special conditions. (Such matters may only beconsidered in the context of an application for a variance or use permit.)E. Effect of AppealAn appeal shall stay all administrative proceedings by the county in furtherance of theaction appealed, unless the Planning Director certifies that a stay would causeimminent peril to life or property, in which case the administrative proceedings shallnot be stayed unless a restraining order is granted by the Superior Court forCurrituck County.F. Amendment of AppealNot applicable.G. Expiration of AppealNot applicable.2.4.18. Development AgreementA. PurposeThe purpose and intent of this section is to authorize development agreements to beentered into between a developer and the Board of Commissioners in accordancewith the terms of this section to:(1) Encourage comprehensive planning and capital facilities planning;(2) Ensure the provision of adequate public facilities for development;(3) Encourage the efficient use of resources, while providing certainty in theprocess of obtaining development permits and approvals; and(4) Reduce the economic costs of development by providing greater regulatorycertainty.CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE2.71