Bill Summary for H 750 (2011-2012)

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Summary date: 

May 12 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 750 (Public) Filed Wednesday, April 6, 2011
TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRANSFER A PERMIT FOR A STORMWATER BEST MANAGEMENT PRACTICE FROM A DECLARANT OF A CONDOMINIUM OR PLANNED COMMUNITY TO AN OWNERS' ASSOCIATION UPON REQUEST OF THE DECLARANT AND SUBMISSION OF DOCUMENTATION THAT DECLARANT CONTROL FOR THE COMMUNITY HAS TERMINATED.
Intro. by McComas.

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Bill summary

House committee substitute makes the following changes to 1st edition. Rewrites and clarifies proposed GS 143-214.7(c2) to require the Department of Environment and Natural Resources (DENR) to transfer a permit for a stormwater management system from the declarant of a condominium or a planned community to the unit owners association, owners association, or other management entity identified in the condominium or planned community’s declaration upon request of a permittee if DENR finds the following: (1) the common areas related to the operation and maintenance of the management system have been conveyed to the unit owners association or owners association, (2) the declarant conveyed at least 50% of the units or lots to owners other than a declarant, and (3) the management system is in substantial compliance with the stormwater permit. Clarifies that a permittee must submit documentation to DENR to demonstrate that ownership of the common area has been conveyed from the declarant to the association and that the declarant conveyed at least 50% of the units or lots to owners other than a declarant. Defines declarant of a condominium and declarant of a planned community for purposes of the subsection.
Adds additional language to GS 130A-55(7) to clarify that specified sanitary district rules can be no more restrictive than or conflict with requirements or ordinances of any county having jurisdiction over the area, and if a conflict arises, the requirements or ordinances of the county having jurisdiction over the area control.
Makes conforming changes to title.