Bill Summary for H 507 (2017-2018)

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Summary date: 

Apr 19 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 507 (Public) Filed Tuesday, March 28, 2017
Intro. by Jordan, J. Bell, Conrad, W. Richardson.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Modifies the proposed changes to GS 143-755 (concerning choice between versions of changing state agency rules and ordinances for permit applicants) to specify that the statute pertains to development permit applicants (currently, permit applicants). Changes the new provision to provide that the applicant does not have to wait for a pending rule or ordinance to be adopted if the development permit applicant opts for the version of the rule or ordinance applicable at the time of the permit application (previously, did not have to wait for adoption in order to choose which version of the rule or ordinance applies to the permit). Adds new subsection to define development, development permit, and land development regulation. Makes technical and conforming changes.

Deletes the proposed change to GS 160A-400.21, adding to the definition of development permit. Deletes statutory references to the definitions of GS 160A-400.21 in the proposed language to GS 160A-360.1 and GS 153A-320.1.

Amends the proposed language in GS 160A-385(b) and GS 153A-344(b), providing that upon issuance of a development permit, the statutory vesting granted by each respective subsection commences at the time the application for the development permit is submitted in accordance with GS 143-755 prior to the change in the land development regulations so long as the permit remains valid and unexpired pursuant to law. Adds a new subsection to each statute stating that the definitions of GS 143-755 apply, and makes conforming changes to the statutes.

Amends proposed GS 160A-393.1 (Civil action for declaratory relief, injunctive relief, or other remedies) to modify who may bring an action to include any party who is either an owner of an interest in real property that is the subject matter of a local government enforcement action or a permit applicant, who is aggrieved as previously specified (previously, any landowner, permit applicant, or tenant aggrieved as specified). Adds new subsection requiring a judge to hear and determine any and all issues of fact or law raised by the pleadings or otherwise consented to in any action under the statute other than the issue of damages that can by determined by a jury if requested by any party. 

Renames proposed GS 160A-393.2 as No estoppel when challenging development conditions. 

Deletes the proposed changes to GS 153A-352 and GS 160A-412, and instead prohibits a county or city from adopting or enforcing a local ordinance or resolution or any other policy that requires regular, routine inspections of buildings or structures constructed in compliance with the NC Residential Code for One- and Two- Family Dwellings in addition to the specific inspections required by the NC Building Code without first obtaining approval from the NC Building Code Council. Provides that if HB 252, Building Code Regulatory Reform, of the 2017 Regular Session becomes law, these provisions are repealed.

Makes organizational and clarifying changes to GS 160A-307 (Curb cut regulations). Makes further clarifying change to prohibit a city from requiring the applicant to acquire right-of-way from property not owned by the applicant. Adds new provision permitting an applicant to voluntarily agree to acquire the right-of-way.