Foxfire Village may enter into development agreements, as authorized by G.S. 160D-1001, subject to the procedures of this article. In entering into such agreements, Foxfire Village may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

This article is supplemental to the powers conferred upon the village and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the state building code or state or local housing codes that are not part of this UDO. When the village council approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this article, the provisions of G.S. 160D-605(a) regarding plan consistency and reasonableness statements apply.

Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements.

(Ord. No. 2021-07, § 2, 7-13-2021)

A development agreement must be approved by the village council following the conduct of a legislative hearing. The notice requirements specified in article V of this UDO for zoning map amendments shall be followed. The notice for the hearing must specify the location of the property subject to the proposed agreement, the development uses proposed on the property, and must specify a place where the proposed development agreement may be obtained.

(Ord. No. 2021-07, § 2, 7-13-2021)

A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with, and incorporated by reference with, a sketch plan or preliminary plat required under subdivision regulations or a site plan or other development approval required under zoning regulations. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy.

(Ord. No. 2021-07, § 2, 7-13-2021)

Foxfire Village may enter into a development agreement for the development of property as provided in this article for developable property of any size. Development agreements shall be of a reasonable term specified in the agreement.

(Ord. No. 2021-07, § 2, 7-13-2021)

A development agreement shall, at a minimum, include all of the following:

(1)

A description of the property subject to the agreement and the names of its legal and equitable property owners.

(2)

The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.

(3)

The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.

(4)

A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the village shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development, such as meeting defined completion percentages or other performance standards.

(5)

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property.

(6)

A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare.

(7)

A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required by the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160D-1008, but must be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement.

If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement.

The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this UDO. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by Foxfire Village shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law.

Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification shall be provided for in the development agreement.

Any performance guarantees under the development agreement shall comply with article VII, section 21-7-5 of this UDO and G.S. 160D-804.1.

(Ord. No. 2021-07, § 2, 7-13-2021)

Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), Foxfire Village may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.

In the event state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, Foxfire Village may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement.

(Ord. No. 2021-07, § 2, 7-13-2021)

The development agreement may include a provision requiring periodic review by the zoning administrator or other appropriate officer of the village, at which time the developer shall demonstrate good-faith compliance with the terms of the development agreement.

If the zoning administrator or other appropriate official finds and determines that the developer has committed a material breach of the agreement, the village shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination and providing the developer a reasonable time in which to cure the material breach.

If the developer fails to cure the material breach within the time given, then the village unilaterally may terminate or modify the development agreement, provided the notice of termination or modification may be appealed to the board of adjustment in the manner provided by article III, sections 21-3-5 and 21-3-6 of this UDO.

The development agreement may specify other penalties for breach in lieu of termination, including, but not limited to, penalties allowed for violation of a development regulation. Nothing in this article shall be construed to abrogate or impair the power of the local government to enforce applicable law.

A development agreement shall be enforceable by any party to the agreement notwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement.

Subject to the provisions of section 21-9-5, a development agreement may be amended or terminated by mutual consent of the parties.

(Ord. No. 2021-07, § 2, 7-13-2021)

The developer shall record the agreement with the county register of deeds within 14 days after the village and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. No. 2021-07, § 2, 7-13-2021)