Bill Summary for H 507 (2017-2018)
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO MAKE CHANGES TO THE LAND-USE REGULATORY LAWS OF THE STATE.Intro. by Jordan, J. Bell, Conrad, W. Richardson.
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Bill summary
Senate committee substitute makes the following changes to 3rd edition.
Amends GS 143-755. Removes the provision allowing the development permit applicant to choose which state agency regulation to apply. Removes provision for a development permit applicant to be entitled to damages if any State agency or local government takes action that is in violation of this section. Adds caveat that definition of development does not alter the scope of any other regulatory authority. Enumerates examples of development permit and land development regulation. Makes other clarifying changes.
Amends GS 160A-360.1 with clarifying change. Requires that the definitions of GS 143-755 apply to this statute and to GS 153A-320.1.
Recodifies GS 160A-385(c) as GS 160A-385(b)(5).
Amends GS 160A-385 caption to Changes to land development regulations. Alters structure of section to include subheadings. Specifies which terms will be defined as in GS 143-755, to include development permit and land development regulation. Defines multi-phased development as a development containing 25 or more acres that is submitted for development permit approval to occur in more than one phase and is subject to a master development plan with committed elements.
Recodifies GS 153A-344(b1) as GS 153A-344(b)(5).
Amends GS 153A-344 to remove zoning ordinances from its provisions. Alters structure of section to include subheadings. Recodifies subsection (b1). Specifies which terms will be defined as in GS 143-755, to include development permit and land development regulation. Defines multi-phased development as a development containing 25 or more acres that is submitted for development permit approval to occur in more than one phase and is subject to a master development plan with committed elements.
Amends proposed GS 160A-393.1, adding joinder of complaint and petition for writ of certiorari in certain cases to caption. Allows review of vested rights claim, allowing a person claiming a statutory or common law vested right to submit information to substantiate that claim to the zoning administrator to make a determination as to whether there is a vested right. This decision is appealable and will be reviewed de novo. Alternatively, a person may bring a civil action. Allows for bringing a civil action to challenge the enforceability or validity of a land development regulation on the grounds that it is unconstitutional or preempted or in excess of its statutory authority. Allows for joinder of a civil action authorized by this section with a writ of certiorari. Deletes previous provisions of this section.
Amends GS 160A-372, removing provision that if a city fails to adopt an ordinance setting forth performance guarantees, the city is not authorized to require successful completion of required improvements prior to a plat being recorded. Deletes new subsection (6).
Amends GS 153A-331, removing provision that if a county fails to adopt an ordinance setting forth performance guarantees, the county is not authorized to require successful completion of required improvements prior to a plat being recorded.
Amends GS 160A-307, reinstating provision that if a conflict between written driveway regulations and related driveway improvements required by the city exist, the more stringent requirement will apply. Makes other clarifying changes.
Sets out that GS 160A-385(b)(5) and GS 153A-344(b)(5) are effective with respect to multi-phased development approvals that are valid and unexpired on the effective date of this act.
Deletes amendments to GS 160A-384, GS 153A-343, GS 160A-393, GS 160A-393.2, GS 6-21.7, GS 160A-381, GS 153A-340, GS 153A-352(b), and GS 160A-412(b).