House committee substitute makes the following changes to the 2nd edition.
Amends GS 153A-145.7 (concerning construction permits issued by a county) and GS 160A-205.3 (concerning construction permits issued by a city) to prohibit a fee in lieu of payment related to off-site improvements from exceeding 120% (was, 20%) of the roughly proportionate impact or the estimated cost of the associated construction (was, the roughly proportionate impact) of the permittee's development, unless otherwise agreed to. Requires that the estimated construction costs (was, estimated actual costs) be calculated by a licensed professional engineer.
Summary date: Jun 21 2017 - View summary
Summary date: Jun 14 2017 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 153A-145.7 and GS 160A-205.3, regarding general requirements for issuing permits for counties and cities. Applies the statutes to construction permits related to site construction and land use permits (was, applies to permits, including building permits and land use permits). GS 160A-205.3 does not apply to permits or approvals related to subdivision of land or zoning of land. Amends each of the ten listed requirements for such permits in both statutes, in many cases replacing references to requiredordinances with references to requiredwritten policies, standards, procedures, or ordinances. Authorizes a county or city to deny a complete construction permit application only if the permittee fails to meet the standards or requirements established by the county or city, subject to notice requirements, and makes additional changes to the requirements. Allows the data in the compliance report to be presented in any chosen format that complies with the statute. Exempts projects proposed to be constructed in phases from the concurrent review requirements. Sets out additional technology requirements if an outside agency will access or use the review and approval program. Amends provisions governing the fee that may be charged to cover the cost of the program. Amends the conditions under which a permittee may not be required to contract off-site infrastructure improvements. Amends the cap on a fee in lieu of payments related to off-site improvements.
Amends Proposed GS Chapter 136, Article 3C (Delegation of Permitting Authority) as follows:
Amends GS 136-166.51 to amend the purpose of the Article. Provides that the purpose is to delegate the authority to issue approvals associated with State-maintained roads (was, approve established standards for State-maintained roads), amongst the other currently listed purposes. Amends the authority delegated to include the authority to approve plats, and to inspect construction activities and encroachment within the Department's rights-of-way. Authorizes municipalities to decline delegated authority for certain roads or infrastructure, without declining delegated authority for all State-maintained roads. Provides that the authority of a municipality to review and approve construction permit applications (was, to review and approve permits or establish standards) for State maintained roads in its municipal boundary and the municipality's extraterritorial jurisdiction exists only to the extent explicitly provided in this Article or otherwise granted by the Board. Clarifies that the Article does not modify bonding requirements, and does not modify the process for review of erosion and sediment control plans or stormwater plans. Authorizes a municipality to request the Department of Transportation (Department) to review permit applications, construction activities and encroachments, or inspections, for certain specific State-maintained roads, types of State-maintained roads, and bridges, or provide technical services which may be outside the municipality's expertise, consistent with current practices or in a manner mutually agreeable to the municipality and the Department Division Engineer. Authorizes a municipality to request modification of a Department standard or policy, and provides requirements for the contents of the request. Authorizes municipalities to approve a minor site-specific deviation from a Department standard or policy if the modification will not adversely impact safety, road maintenance, or traffic flow to the State-maintained road network, and is necessitated by a minor site-specific condition. Provides notice requirements for when a municipality so approves a minor deviation, but provides that the municipality is not required to obtain the Department's approval of the minor deviation, although it may seek the Department's approval or advice. Exempts four classes of roads, including interstate highways, from the delegation of authority under this statute.
Amends proposed GS 136-166.53 (Department's authority). Requires review guidelines for local governments to be consistent with the permitting standards followed by the Department. Amends the notice requirement under this statute to apply when the Department determines a municipality is failing to adequately administer or enforce a local program (was, failing to administer or enforce a local program).
Amends proposed GS 136-166.54 (Local authority). Deletes the exception to the requirement that a municipality's ordinances adopted under this statute meet, but not exceed, minimum requirements established by the Department for State-maintained roads, for when the requirements are consistent with those for locally maintained roads of similar capacity and nature. Replaces the authority to establish standards and ordinances for roads with the authority to collect from the Department the amounts necessary to administer and enforce the program under this Article, as specified. Deletes the provision regarding when a municipality with delegated authority under this Article establishes a technical standard for a State-maintained road that is different than the State standard. Makes conforming changes.
Amends proposed GS 136-166.55 (Fees). Subjects the authority of a municipality to establish a fee for the review of a transportation-related or right-of-way impacting construction plan to the limitations of GS 160A-296.
Amends proposed GS Chapter 143, Article 82, as follows.
Amends proposed GS 143-765 (Transparency). Amends the direction that certain agencies maintain published records to delete the provision applying that direction to local government agencies, and restricting its application to State agencies with the authority to review and approve construction permits (1st edition did not specify which kind of permits). Makes a conforming change.
Amends GS 143-766 (Efficiency). Applies the requirements of that statute to state and local governments with the authority to review and approve construction permits (1st edition did not specify which kind of permits). Amends the examples of municipalities that have separate local governments with separate areas of responsibility to refer to county review of stormwater permits (was, building permits). Requires such municipalities to coordinate their review processes so that submittals and reviews are done through the same system and process (eliminating the requirement that the system be online). If the system is online, the agencies and departments shall review using the same online system or portal. Provides security requirements for an online system or portal.
Amends proposed GS 143-767 (Fees). Applies the authority to establish a fee under this statute to State agencies (was, State and local governments). Amends the authorized fee to include costs of maintenance, upgrades, security features, and software licensing fees. Authorizes the fee to be in effect for the first 24 months (was, 12 months) after initiation of the online permitting process. Makes conforming changes.
Makes the entire act effective October 1, 2017.
Summary date: Apr 12 2017 - View summary
Contains several whereas clauses.
Enacts GS 153A-145.7 (pertaining to counties) and GS 160A-205.3 (pertaining to cities), detailing 10 general requirements that are applicable to permits issued by counties and cities, including building permits and land use permits. The requirements include: (1) all requirements for the issuance of a permit must be included in an ordinance adopted by the governing body, and the ordinance must be available for public inspection in the same manner as other ordinances; (2) where feasible, a county or city must make its online permit review and approval program accessible by municipalities in the county or the county (respective to the statute) to facilitate concurrent review and approval of permits; and (3) prohibits a fee in lieu of payments related to off-site improvements authorized by law from exceeding 20% of the estimated actual costs associated with the direct impact of the permitee's development. Effective October 1, 2017.
Enacts new Article 3C to GS Chapter 136 to be known as the Local Government Permitting Act of 2017.
New GS 136-166.51 sets out that the purpose of the Article is to delegate to certain municipalities the authority to issue construction permits and approve established standards for State-maintained roads located within the municipality and the municipality's extraterritorial jurisdiction. Provides that the delegated authority includes the authority to issue driveway permits and approve construction activities or encroachment within the Department of Transportation's rights-of-way. Expressly authorizes all municipalities with a population of 50,000 or more the permitting authority provided for in new Article 3C unless the municipality specifically declines the delegation. Clarifies that (1) the authority of municipalities to review and approve permits or establish standards for State-maintained roads in its municipal boundary exists only to the extent explicitly provided in the Article or otherwise granted by the Board of Transportation; (2) the Article does not modify the Department of Transportation's responsibility to perform typical maintenance activities on State-maintained roads and bridges; and (3) the Article does not modify the process for review of erosion and sediment control plans or stormwater plans, including authorities of the Department of Environmental Quality or any delegated authority for the same under GS Chapter 113.
New GS 136-166.52 permits a municipality that does not otherwise qualify for the delegation of authority provided for under the Article to request that the Board of Transportation (Board) grant the authority. Requires the municipality to develop a review program for its jurisdiction and submit its program to the Board for review and approval. Directs the Board to review each program submitted by a municipality and within 90 days of receipt of the application notify the municipality whether it has been approved, approved with modifications, or disapproved. Requires the Board to only approve an application upon determining the municipality's review staff have adequate experience and technical expertise related to the review of transportation design and construction activities.
New GS 136-166.53 details the Department of Transportation's authority under the new Article, including establishing review guidelines for local governments to follow, assuming administration of a program in a municipality that has failed to correct deficiencies within 60 days of the Department's notification, and retaining the authority to review and approve certain construction activities.
New GS 136-166.54 details the actions municipalities with delegated authority can do under the Article, including: (1) adopting ordinances and regulations necessary to establish and enforce transportation review programs, but not exceeding the minimum requirements established by the Department of Transportation for State-maintained roads as specified; (2) creating or designating agencies or subdivisions to administer and enforce the programs; and (3) establishing standards and ordinances for roads to make road design consistent with local roads, including landscaping requirements, on-street parking, signage, and signalization. Details parameters that a municipality must follow in its review and approval or disapproval of a plan. Establishes that, unless there is a compelling reason for a change in a technical standard, such as implementation to local land use objectives, public safety goals, local development standards, or site-specific conditions, the municipality delegated authority is to refer to State standards when reviewing construction plans which have activities within State-maintained rights-of-way. Authorizes an ordinance adopted by a municipality to establish a fee for the review of a transportation-related or right-of-way impacting construction plan and related activities. Prohibits a local government that already performs reviews of the same construction plans under the Article from establishing an additional fee for review of a construction activity impacting a State-maintained road or its right-of-way.
Effective October 1, 2017.
Enacts new Article 82 to GS Chapter 143, Transparency and Efficiency in State and Local Permitting; Fees.
New GS 143-765 requires State and local government agencies that have the authority to review and approve permits to maintain published records that present a summary of adherence to their published review schedules with data on frequency of reviews that were not performed within the established time lines, as well as those reviews performed ahead of schedule. Further requires agencies to publish summary data that present the number of reviews and submittals for each project. Requires this data to be published on the agency's or municipal government's public website.
New GS 143-766 requires State and local government agencies that have the authority to review and approve permits to make accommodations to incorporate and facilitate access by staff of other agencies, departments, or local governments so that all entities can utilize the system concurrently and collaboratively. For municipalities that have separate local governments with separate areas of responsibility, such as a county review of building permits and a city with review authority of site plans, but both are reviewing the same construction project, the municipalities are required to coordinate their review processes so that submittals and reviews are done online through the same online system or portal.
New GS 143-767 authorizes State or local governments that incur costs associated with the creation or adoption of an online permitting system to establish a fee or increase an existing fee for the review. Prohibits the fee from exceeding the anticipated actual cost associated with implementation distributed equally among all permit applicants over the course of one year. Limits the duration of the fee or increased fee to only the first 12 months following the initiation of the online permitting process. Directs the State or local government to estimate the anticipated number of permit applications for the program's first 12 months based on the number of applicants from the previous 12 months.
Directs state agencies that review construction documents and have permit authority to develop and implement an online system for submittal, review, and approval by 2020.