Unified Development Ordinance - Currituck County Government

Chapter 2: AdministrationSECTION 2.4: SPECIFIC REVIEW PROCEDURESSubsection 2.4.18: Development Agreement(a)(b)(c)Enter into the Development Agreement, as submitted;Enter into the Development Agreement, subject to modificationsagreed to in writing by the developer; orNot enter into the Development Agreement.(9) RecordationWithin 14 days after entering into a development agreement, the applicantshall record the agreement with the Currituck County Register of Deeds.E. Development Agreement Review StandardsFor consideration of the county to participate in a development agreement, adevelopment subject to the agreement must meet the following:(1) The property subject to the Development Agreement shall contain 25 acresor more of developable property (exclusive of wetlands, mandatory buffers,unbuildable slopes, and other portions of the property that may be precludedfrom the property at the time of application).(2) The development shall demonstrate phasing, and participation in the proposedagreement shall not exceed 20 years.(3) The development shall demonstrate the impact on existing and futureprovisions of capital improvements by the county, including at least one of thefollowing: transportation, potable water, sanitary sewer, solid waste,stormwater management, educational, parks and recreational, and healthsystems and facilities.F. Effect of Development Agreement(1) Burdens and BenefitsThe burdens of the development agreement are binding upon, and the benefitsof the agreement shall inure to, all successors in interest to the parties to theagreement.(2) Rights and ObligationsRights and obligations established by a development agreement shall notpreclude or supersede rights and obligations established pursuant to other lawregarding building permits, site specific development plans, phaseddevelopment plans, or other provisions of law.(3) Building and Housing CodeA Development Agreement shall not exempt the property owner ordeveloper from compliance with the State Building Code or the county’sMinimum Housing Code.(4) Identify Subsequently Enacted LawsUnless the development agreement specifically provides for the application ofsubsequently enacted laws, the laws applicable to development of the propertysubject to a development agreement are those in force at the time ofexecution of the agreement.(5) Application of Subsequently Adopted LawsExcept for grounds specified in Section 153A-344.1(e) of the North CarolinaGeneral Statutes, the county may not apply subsequently adopted ordinancesCURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE2.73