Bill Summary for S 419 (2017-2018)

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Summary date: 

Jun 7 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 419 (Public) Filed Tuesday, March 28, 2017
Intro. by Lee, McKissick.

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Bill summary

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

Amends GS 160D-1-1 (Application) to make a technical correction to a statutory reference.

Amends GS 160D-1-2 (Definitions). Amends the definition ofsubdivision regulationtoclarify that subdivision regulations, wherever codified locally, must be authorized by Article 8, as is currently the case. Amends the definition ofzoning regulation to make the same clarification.

Amends GS 160D-1-5 (Maps). Confirms that zoning and development regulation maps that are maintained at a specified office are public records and subject to public inspection and copying.

Amends GS 160D-1-7 (Moratoria). Provides that a complete application for development approval submitted prior to the effective date of a moratorium is subject to the permit choice rule in GS 160D-1-8(b) upon resumed permit processing.

Amends GS 160D-1-8 (Vested Rights and Permit Choice). Provides that the permit choice rule in subsection (b) is applicable at the time of the regulatory decision that creates a statutory vested right.

Amends GS 160D-1-9 (Conflicts of Interest). Creates a new subsection from the rule (currently within the subsection on quasi-judicial decisions) regarding the resolution of objections to a board member's participation, applying that rule regardless of the type of decision involved.

Amends GS 160D-4-1 (Application). Applies Article 4 (Administration, Enforcement, and Appeals) to all local development regulations.

Adds to GS 160D-4-3 (Administrative development approvals and determinations), providing that an easement holder can also apply for development approval for development authorized by the terms of their easement. Further, adds to subsection (b), specifying that the notice of determination must be delivered to the last address provided in the application or request for a determination if the party seeking the determination is different from the owner. Makes conforming changes to refer to determinations, as the term is defined in GS 160D-1-2(10), instead of decisions.

Corrects statutory reference to refer to subsection (c) instead of subsection (b) in GS 160D-4-5(a).

Corrects statutory reference to refer to GS 160D-4-3(b) instead of GS 160C-4-3(b) in GS 160D-4-5(d).

Amends GS 160D-6-1 (Procedure for adopting, amending, or repealing development regulations) to add new subsection (c), clarifying that a development regulation adopted pursuant to GS Chapter 160D must be adopted by ordinance.

Makes technical changes to GS 160D-6-2(a).

Amends GS 160D-8-4(d), concerning regulations reserving or funding recreation areas and open space, to specify that counties can use open space and recreation fees collected as part of subdivision approvals to acquire recreation, park, and open space lands, while municipalities can use those funds to acquire and develop recreation areas, parks, and open space lands (previously, did not distinguish city-county authority).

Amends GS 160D-9-9(c), specifically prohibiting manufactured homes from being excluded from a jurisdiction based solely on the age of the home (previously, only prohibited a local government from adopting or enforcing zoning regulations or other provisions that have the effect of excluding manufactured homes from the entire zoning jurisdiction).

Amends GS 160D-9-10 to add a cross reference to define modular homes as set out in existing GS 105-164.3(21b).

Makes clarifying change to GS 160D-9-15(a), authorizing local governments to establish street setback and driveway connection regulations pursuant to GS 160A-306 and GS 160A-307 and as part of development regulations adopted pursuant to the Chapter.

Amends GS 160D-14-2(l), concerning the effect of appealing a development approval, to delete the language regarding tolling during the pendency of the appeal. Makes conforming change to GS 160D-4-3(c).

Corrects typographical error in Section 8.1, concerning otherwise valid permits and development approvals made prior to January 1, 2019.

Deletes redundant language in Section 8.3 and instead requires any local government that has adopted zoning regulations but that has not adopted a comprehensive plan to adopt such a plan by December 31, 2019, in order to retain the authority to adopt and apply zoning regulations.