Development Agreements

The Development Agreement Process is used for evaluating a project and the process is as follows:

Table 7.1 

Phase 1: Project Evaluation

Concept Plan/Application Submitted

Facilitated Town Technical Review of Proposed Development

Considerations:  Submitted site plans, application, comprehensive land use plan, small area plans, UDO, engineering data, public works data, fire/police/safety data, school enrollment data, any other data that staff feels is necessary to evaluate the project.

Who Is Involved:  Staff led technical review may include town planning staff, town engineer, town manager, police chief, fire marshal office representative, public works department, UCPW, legal counsel, any other person(s) staff sees as necessary for review of the project.

Outcome:  Written comments/information provided to applicant to start discussion of development agreement. 

Phase 2:  Staff Agreement Negotiations*

Staff Level Negotiations with Applicant

Begin negotiation of an agreement for long-term trade-offs and benefits of a development with Staff. 

Considerations:  Comments/Considerations from Phase 1, developers’ comments/response to phase 1 requests, discussion of requested items/improvements

Who Is Involved:  Planning Staff, Town Engineer, Town Manager, Applicant, Legal Counsel and Land Use Consultant as necessary

Outcome:  Draft Development Agreement

*May require multiple meetings

Phase 3:  Council Sub Committee Agreement Negotiations*

Council Sub Committee Level Negotiations with Applicant

Presentation of Draft Agreement to a Council Sub Committee.  Council Sub Committee receives draft agreement and may negotiate directly with the applicant.

Who Is Involved: Town Council Sub Committee made up of three council members as follows:

Committee 1:  Council Members from Districts 1 & 6

Committee 2:  Council Members from Districts 2 & 5

Committee 3:  Council Members from Districts 3 & 4

The third Committee Member will be from the district in which the development is occurring.

Also involved will be the Applicant, Planning Staff, Town Manager, Legal Counsel and Land Use Consultant as necessary.  A rotating schedule for which subcommittee serves will be created and provided to Council. **

Outcome: Draft Development Agreement

*May require multiple meetings

** If the project falls within the district of a subcommittee member assigned to that rotation, the next subcommittee in the rotation will review to ensure three-member participation.

Phase 4:  Planning Board Review

Planning Board Level Negotiations with Applicant

Presentation of Draft Agreement to the Planning Board

Considerations:  Draft Development Agreement

Who Is Involved:  Planning Staff, Town Engineer, Town Manager, Applicant, Legal Counsel and Land Use Consultant as necessary

Outcome:  Draft Development Agreement Recommendation

Phase 5:  Council Agreement Negotiations*

Council Level Negotiations with Applicant

Presentation of Draft Agreement to entire Council.  Council receives draft agreement and may negotiate directly with the applicant.

Who Is Involved:  Entire Town Council, Applicant, Planning Staff, Town Manager, Legal Counsel and Land Use Consultant as necessary.

Outcome:  Final Development Agreement

*May require multiple meetings

Phase 6:  Public Hearing

Public Hearing/Council Decision

Required public hearing held and negotiated agreement adopted by Town Council.

Who Is Involved:  Town Council, Applicant, Planning Staff, Town Manager, Legal Counsel

Outcome: Council Decision/Finalized Agreement

Additional Resources:

Complete Stallings Development Ordinance
Article 7 - Permits and Procendures