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Developer A forecasts a significant increase in housing demand spilling over into a very rural county. The rural county sees the same trend. The rural county does not want to become a bedroom community, and is alarmed about the adverse impact of an influx of low-density subdivisions on county schools. Developer A proposes a new planned community containing a town center and a mixture of commercial and residential uses at different densities. The county’s land use laws have no provisions for planned or integrated development.
Our team writes amendments of the county’s laws to permit planned developments and writes a development agreement. The development agreement “locks in” the amendments to assure that future changes in land use laws do not harm Developer A’s financial pro forma and provides joint and coordinated planning between Developer A and the county to preserve K-12 public education in the rural county.
Next Case Study: Moratorium and Changing the Rules
If you would like to learn more about the team:
The team authors the North Carolina Land Use Litigator, a blog that digests and analyzes land use legal issues that matter to property owners, business owners, developers and local governments in North Carolina. The team has also created a series of videocasts on such topics as land use, zoning, development agreements and more.