Chapter 17.20 — PERIODIC REVIEW

The city shall review the development agreement every twelve months from the date the agreement is entered into. It is the responsibility of the development services director to assure that the annual review is initiated in a timely fashion. The developer shall, upon request of the development services director, submit all information necessary to effectuate the annual review. The time for review may be modified either by agreement between the parties or at the city's initiation, upon recommendation of the development services director, and with the approval of the planning commission.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 682 N.C.(2d) § 3 (part), 1983.)

The development services director or his/her designee shall give notice to the property owner that the city intends to undertake the review of the development agreement. The director shall give notice at least twenty days in advance of the time at which the matter will be considered by him/her.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 682 N.C.(2d) § 3 (part), 1983.)

17.20.030 - Review by development services director; referral to planning commission.

A.

The development services director shall, at the designated time, review performance of the development agreement and receive any input offered by the property owner or other persons interested in the matter if the director is satisfied that the development agreement is being performed in accordance with its terms and conditions he shall notify, in writing, the planning commission and developer of such determination and the review for that period is concluded.

B.

If the development services director is not satisfied that the development agreement is being performed in accordance with its terms and conditions, or entertains doubt about the adequacy of performance, he/she shall refer the matter to the planning commission for a decision and notify in writing the property owner at least ten days in advance of the time at which the matter will be considered by the planning commission.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 682 N.C.(2d) § 3 (part), 1983.)

The planning commission shall conduct a public hearing at which the property owner must demonstrate good-faith compliance with the terms and conditions of the agreement.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

The planning commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

A.

If the planning commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

B.

If the planning commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the planning commission shall forward its report and recommendation to the city council and the city council may thereupon modify or terminate the agreement.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

Chapter 17.22 - MODIFICATION OR TERMINATION FOR CAUSE

Sections: