House committee substitute amends the 1st edition as follows.
Deletes the proposed changes to GS 160D-203 and instead amends the statute as follows. Clarifies existing law, providing that local governments can enter into a mutual agreement with the written consent of a land owner to assign exclusive planning and development regulation jurisdiction for land under GS Chapter 160D, including all development phases on the land, to any one local government when land lies within the jurisdiction of more than one local government. Requires the agreement to be evidenced by a resolution formally adopted by each governing board and recorded with the register of deeds in any county where the land is located (was, in the county where the property is located) within 14 days of the adoption of the last required resolution. Adds a new provision allowing a landowner, defined as all titleholders of record owning an interest in the land, to designate which local government's planning and development regulations will apply to such land absent a mutual agreement by the local governments. Additionally authorizes the landowner to enter into an agreement with one or more other local governments, after such a designation is made, for any part of the development including utilities, annexation for utility access, all development phases of the land, and other services offered, subject to approval of the designated local government. Requires the landowner to record such agreements in any county where the land is located within 14 days of execution of the agreement. Limits any agreement under the statute to planning and development regulations (was, development regulations only), and explicitly excludes any affect on taxation or other nonregulatory matters. Changes the act's long title.
Bill H 425 (2021-2022)Summary date: Apr 15 2021 - View summary
Bill H 425 (2021-2022)Summary date: Mar 25 2021 - View summary
Amends GS 160D-203, which provides that if a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, the local governments may, by mutual agreement and with the landowner's written consent, assign exclusive planning and development regulation jurisdiction for the entire parcel to any one of those local governments; expands upon this provision to also allow such an agreement for additional phases identified or proposed future phases. Adds that if a mutual agreement does not exist, then the decision as to which jurisdiction controls an entire project, including utilities; annexation for utility access; if applicable, all proposed and future phases; and other services offered by the controlling jurisdiction are to be made by the developer. Allows the developer or petitioner to enter into an agreement with multiple jurisdictions for any part of the development subject to permission from the controlling jurisdiction. Specifies that this is only applicable to development regulations and that it does not affect taxation or other nonregulatory matters.