AN ACT TO MAKE CHANGES TO THE LAND USE REGULATORY LAWS OF THE STATE.
Senate committee substitute makes the following changes to the 4th edition.
Deletes all proposed provisions and replaces them with the following.
Amends GS 160A-385, concerning changes in city zoning and development regulation, by adding a new subsection to require the written consent of the owner regarding a multi-phased development, as defined in GS 160A-385.1(b)(7), for amendments in zoning ordinances, subdivision ordinances, and unified development ordinances to be applicable or enforceable. Establishes that a multi-phased development is vested for the entire development with the zoning ordinances, subdivision ordinances, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phase development. Further establishes that a right vested under new subsection (b1) remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phase development. Adds a new subdivision to GS 160A-385.1(b) to define multi-phase development to mean a development containing 100 acres or more that (1) is submitted for site plan approval for construction to occur in more than one phase and (2) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval.
Amends GS 153A-344, concerning amendments to county zoning ordinances, by adding a new subsection identical to new subsection (b1) of GS 160A-385, as enacted by the act. Adds a new subdivision to GS 153A-344.1(b) to define multi-phase development identically as the term is defined in new subdivision (7) of GS 160A-385.1(b), as enacted by the act.
Applies to multi-phased developments with approved site plans that are valid and unexpired on the effective date of the act, and to multi-phased developments approved on or after the effective date of the act.
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