Ncgs Development Agreement

The mandatory content of the development contract is set by law. [18] Each contract must contain each of these components. The contract must include a legal description of the assets covered by the agreement and the names of its legitimate and fair owners. Any development agreement must also explicitly state its duration. The maximum term of a contract is twenty years[19] And a city or county may choose to enter into a contract of a shorter term. This is one of the few aspects of the statute that has been the subject of active debate during the legislative process. Many members of the planning administration and local government have proposed a shorter maximum duration, for example. B of ten years or fifteen years. The concern was that an extended period increased the likelihood of adverse unforeseen events or changes in physical conditions and that the ability of future local elected officials to apply new rules deemed necessary to meet the changing needs of the public was unduly reduced. The Development Community argued that the construction period should correspond to large, complex and multi-phase projects. The final resolution was to leave the maximum period at 20 years, but to allow each local government to use a shorter period, as they considered appropriate on a case-by-case basis.

If several local governments are parties to a development agreement, the agreement must determine which local government will be responsible for the overall management of the agreement. [11] If there are staggered cost-sharing agreements, the development agreement can specify when payments are made, improvements will be installed, overcapacity reimbursements and other similar practical issues. These provisions can also address issues such as the allocation of useful capacity. [45] Simultaneous review of land reallocation and development agreement for a project on this site is a relatively common practice. See z.B. Taylor v. Canyon Cnty. Bd. of Comm`rs, 147 Idaho 424, 433-42, 210 P.3d 532, 541-49 (2009); Smith v. Papillion Town, 270 Neb. 607, 705 N.W.2d 584, 596 (2005). [5] The usual practice is for the Board of Directors to adopt a regulation authorizing the implementation of a specific development agreement for a given project.