Bill Summaries: H853 PLAN REVIEW & CERT OF OCCUP. SCOPE CHANGES.

Tracking:
  • Summary date: Aug 25 2021 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Amends proposed GS 160D-402.1, which requires local governments to complete an administrative review of an application for development approval and any supporting documents within 30 days of receipt within specified procedural requirements. Regarding instances in which a local government receives a corrected application from a developer following notice of deficiency or deficiencies, further directs the local government to notify the developer within 10 days of receipt of the corrected application that either (1) the application is complete and no further information is required for the local government to make a development approval determination (was, that the application is complete) or (2) the application does not correct all of the identified deficiencies. 


  • Summary date: Aug 19 2021 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Eliminates proposed GS 160D-403.1, which prohibited local governments from conditioning issuance of a certificate of occupancy on the imposition in the sealed commercial plans of any additional requirement other than those required by an applicable code when plans for commercial buildings are submitted under the seal of any licensed design professional and the plans are reviewed by the local government with development authority or by a private engineering or architectural firm contracted by the local government, if authorized. Instead, adds substantively similar provisions to subsection (g) of GS 160D-403, concerning the issuance of certificates of occupancy, except now prohibits conditioning the issuance of a certificate of occupancy on the imposition of any additional requirement (rather than the imposition in the sealed commercial plans of any additional requirement) other than those required by an applicable code when plans for commercial buildings are submitted under the seal of any licensed design professional and the plans are reviewed by the local government with development authority or by a private engineering or architectural firm contracted by the local government, if authorized. 

    Eliminates proposed GS 160D-407, which established eight requirements that apply to a local government's evaluation and approval of permits related to site construction and land use permitting. 

    Enacts GS 160D-402.1, requiring local governments to complete an administrative review of an application for development approval and any supporting documents within 30 days of receipt within the following procedural requirements. Requires the local government to make an administrative decision that either (1) notifies the developer in writing that the application is complete and no further information is required for an approval determination or (2) notifies the developer in writing that the application is deficient, identifying each deficiency by specific basis and what would be deemed corrective for each. Allows deficiency notices to make recommendations that must be clearly designated as advisory; bars local governments from requiring recommendations as a condition for an approval determination. Allows a developer notified of a deficient application to correct the deficiency and resubmit the application; submit a written explanation for each deficiency and request another administrative review, which must be completed within 10 business days; or appeal the decision pursuant to state law. Requires the local government to review a corrected application within 10 business days of receipt and notify the developer in writing whether the application is complete. Requires resubmitted applications that alter the application with respect to matters unrelated to identified deficiencies to be treated as new applications.

    Changes the effective date of the statutory changes in the act amending GS Chapter 160D, to January 1, 2022 (was, effective on the date the act becomes law), applicable to applications for development approvals submitted on or after that date. Maintains that the conditional appropriation set forth in Section 3 of the act is effective on the date the act becomes law. 

    Changes the act's long title. 


  • Summary date: May 11 2021 - More information

    House committee substitute deletes the content of the 1st edition and replaces it with the following. 

    Enacts GS 160D-403.1 to prohibit local governments from conditioning issuance of a certificate of occupancy on the imposition in the sealed commercial plans of any additional requirement other than those required by an applicable code when plans for commercial buildings are submitted under the seal of any licensed design professional and the plans are reviewed by the local government with development authority or by a private engineering or architectural firm contracted by the local government, if authorized. 

    Enacts GS 160D-407, establishing eight requirements that apply to a local government's evaluation and approval of permits related to site construction and land use permitting. Includes (1) requiring all standards or requirements for issuance of a construction permit to be in writing and based on a 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 improvement requirements; (2) requiring the governing body to adopt a written policy, standard, procedure, or ordinance designating 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, which must be made publicly available and published on its website, with exceptions permitted if noted in the required quarterly report to the governing board regarding schedule compliance; and (3) authorizing a local government to establish an online permit application and review process and to require its use.

    Subject to HB 489 becoming law, appropriates $20,000 from the General Fund to the NC Building Code Council for 2021-22 to be used to implement the act.

    Changes the act's long title. 


  • Summary date: May 5 2021 - More information

    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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