Appendix B.  Illustrative Outline of Development Agreement Provisions


Note: These provisions, other than the statutorily mandated items to be included, are illustrative only. The Town and University would over the course of negotiating the terms of the development agreement add or delete provisions as needed. These sample provisions were developed by Ralph Karpinos, Town Attorney, and Pat Crawford, University Deputy General Counsel.


  1. Recitals  /  Preamble/   Parties
  2. Purpose / Intent / Statutory Authority
    1. Chapter 160A Article 19 Part 3D General Statutes
  3. Definitions
    1. Included in this Agreement/ list or attach
    2. Reference to Chapter 160A Article 19, Part 3D General Statutes
    3. Reference to LUMO
    4. Ordinary meaning unless context indicates otherwise
  4. Term of Agreement/Duration
    1. Term.
    2. May be extended, amended by agreement of parties
    3. Periodic review--frequency
    4. Runs with the land
    5. Parties commit to provisions of Chapter 160A Article 19, Part 3D General Statutes
  5. How this Agreement is Enacted
    1. Approval of the U.N.C.-C.H. Board of Trustees as Landowner/Developer
    2. Approval of the Town Council following required hearing
  6. Legal Description of Property Subject to Agreement
    1. Describe entire tract to be covered by Agreement
    2. Describe part of site that will be developed
    3. Describe part of site that will be reserved and not be developed, if any
  7. Procedural Provisions
    1. Intro.: What is it that is actually being approved by this Agreement
    2. Remainder could be potential terms supplementing or superseding the procedural provisions that would otherwise be applicable under the new LUMO zone if there were not a development agreement.
  8. Substantive Standards (including Sustainability Principles)
    1. Use Regulations ( types and mixture; permitted uses, design standards)
    2. Road network/transportation corridors
    3. Other public facilities 
    4. Areas to be preserved, conserved
    5. Fiscal Equity
    6. Environmental
    7. Energy Conservation
    8. Stormwater
    9. Water reuse
    10. Tree protection
    11. Landscaping, types of vegetation
    12. Sedimentation and erosion control
    13. Air quality
    14. Noise
    15. Lighting
    16. Bicycle and pedestrian
    17. Waste management
    18. Town services to be provided
    19. Public Art
    20. Applicability of other laws regulations, ordinances
  9. Modifications and amendments
  10. Termination/Default
  11. Remedies/Dispute Resolution
  12. Effect of subsequently enacted laws
  13. Assignment
  14. Severability
  15. Governing Law
  16. Notices
  17. Entire agreement
  18. Counterparts
  19. Exhibits