AN ACT TO AMEND THE LAWS RELATED TO LAND DEVELOPMENT. Enacted August 5, 2015. Effective October 1, 2015.
Summary date: Aug 10 2015 - View summary
Summary date: Jul 21 2015 - View summary
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 160A-372 to clarify that the performance guarantee is to be returned or released in a timely manner upon the acknowledgment by the city or county (was, by the city) that the improvements for which the performance guaranteed is being required are complete. Makes other technical changes.
Summary date: Jul 16 2015 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends new subsection GS 160A-372(g) concerning performance guarantees, requiring performance guarantees to be (1) returned or released in a timely manner when the city has acknowledged that the improvements for which the guarantee is being required are complete (previously, guarantee was to be returned upon completion of the improvements for which the guarantee was required); (2) extended or a new guarantee issued if improvements are not complete at the time the current guarantee is expiring, as well as requiring the developer to demonstrate reasonable, good faith progress toward completion of the improvements (previously, only provided for the extension of the guarantee); and (3) limited to an amount not to exceed 125% of the estimated cost of completion, with any extensions issued to complete the improvements not to exceed 125% of the reasonably estimated completion costs of the remaining incomplete improvements outstanding at the time the extension is obtained (previously, only capped the amount at 125% for the initial guarantee without mention of extensions). Makes technical changes.
Amends new GS 160A-417 (Counties) and GS 153A-357 (Cities), which prohibit withholding building permits or certificates of occupancy for one property or parcel as a means of compelling (1) completion of work for a separate permit or (2) compliance with land use regulations, adding new language that allows such withholding of a building permit if it is otherwise authorized by law or a city or county decides there is an issue of public safety directly related to the issuance of the building permit or certificate of occupancy. Makes technical changes.
Makes conforming changes to the effective date provision.
Summary date: Apr 22 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Under current law, cities (GS Chapter 160A, Article 19) and counties (GS Chapter 153A, Article 18) are authorized to adopt subdivision control ordinances to regulate the subdivision of land within their territorial jurisdiction. To assure compliance with these and other ordinance requirements, cities and counties are authorized to provide for performance guarantees to assure successful completion of any required improvements.
Amends GS 160A-372(c) (pertaining to cities) and GS 153A-331(e) (pertaining to counties) to clarify that a subdivision control ordinance may provide for a performance guarantee at the time that the plat is recorded.
Amends new subsection GS 160A-372(g), which applies to cities, and also new GS 153A-331(g), applicable to counties, which require that any performance guarantee must comply with (g). Defines performance guarantee as any of the following: (1) a surety bond issued by any company authorized to do business in this state (deletes language requiring that the bond be among those listed annually as acceptable sureties on federal bonds in Circular 570 of the US Treasury); (2) a letter of credit issued by any financial institution (was, any bank) licensed to do business in this state; or (3) other form of guarantee of equivalent (was, equivalent or greater) security than a surety bond or letter of credit.
Provides that if the improvements are not complete, the performance guarantee must be extended, and that the form of the guarantee would remain the choice of the developer.
Sets a cap on the amount of a performance guarantee at 125% of the reasonably expected cost of completion at the time the performance guarantee is issued (was, set the cap at 110% of the cost of completion at the time the performance guarantee is issued). Clarifies that the performance guarantee must only be used for the completion of the required improvements (was, development) shown on the plat, and not for repairs or maintenance after completion.
Clarifies that neither a city nor a county may withhold the issuance of a building permit or a certificate of occupancy to compel completion of work for a separate permit or compliance with land use regulations with respect to another property or parcel.
Deletes amendments to GS 113A-61 and to GS 143-214.6A, which added a new subsection to each declaring that any performance guarantee required under the section had to comply with GS 160A-372(g), amended in this act.
Summary date: Apr 14 2015 - View summary
Amends GS 160A-372 (municipal) and GS 153A-331 (county), which relate to subdivision control ordinances. Removes language in existing law related to performance guarantees and adds new language that:
- specifies what constitutes a performance guarantee,
- places a time limit on the length of the performance guarantee (not more than six months longer than the issuance of any required final inspection approval),
- places a cap on the amount of the performance guarantee (not to exceed 110% of the cost of completion), and
- provides that the guarantee may be used only for completion of the development and not for repairs or maintenance.
Requires that performance agreements required by development agreements (GS 160A-400.25, GS 153A-349.6), erosion and sedimentation control plans (GS 113A-61), and stormwater control best practices for composting operations comply with these new provisions.
Prohibits cities (GS 160A-417) and counties (GS 153A-357) from withholding issuing a building permit for one property or parcel as a means of compelling (1) completion of work for a separate permit or (2) compliance with land use regulations.
Effective October 1, 2015, and applies to performance guarantees required on or after that date.