Bill Summary for H 853 (2021)

Summary date: 

May 5 2021

Bill Information:

View NCGA Bill Details2021
House Bill 853 (Public) Filed Tuesday, May 4, 2021
AN ACT TO LIMIT THE SCOPE OF REQUIREMENTS FOR CERTIFICATES OF OCCUPANCY FOR COMMERCIAL BUILDINGS, TO CLARIFY PROCEDURES FOR ADMINISTRATIVE REVIEW BY LOCAL GOVERNMENTS OF APPLICATIONS FOR DEVELOPMENT APPROVALS, AND TO APPROPRIATE FUNDS TO THE NORTH CAROLINA BUILDING CODE COUNCIL TO CONDUCT CERTAIN COST-BENEFIT ANALYSES.
Intro. by Brody, Moffitt, Zenger.

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Bill summary

Enacts GS 160D-403.1 to prohibit local governments reviewing development plans for commercial buildings submitted under the seal of licensed design professionals from placing additional requirements as a condition of issuing a certificate of occupancy unless otherwise required by an applicable code. Extends to local governments that contract with private engineering firms or architectural firms for development plan review.

Enacts GS 160D-407, establishing 12 requirements that apply to a local government's evaluation and approval of construction permits related to site construction and land use permitting. Includes (1) requiring all standards or requirements for issuance of a construction permit to be included in a written policy, standard procedure, or ordinance adopted or authorized by the governing body and available to the public, such as formal land-use maps, capital improvement plans, or fiscally constrained road improvements; (2) requiring the governing body to adopt, and make available to the public and publish on its website, a written policy, standard, procedure, or ordinance establishing or authorizing a department to establish a schedule (subject to board approval) that must be used by the department in reviewing permit applications, including a timeline to approve or deny a complete application, with exceptions permitted if noted in the required quarterly report to the governing board regarding schedule compliance; (3) authorizing a local government to establish an online permit application and review process and to require its use; and (4) requiring all local government development fees to be provided in a single fee schedule adopted as an ordinance on an annual basis after a public hearing meeting specified public comment requirements, and prohibiting a development fee ordinance from allowing for an automatic adjustment of a development fee absent a subsequent ordinance enactment by the local government. 

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