Bill Summary for H 721 (2015-2016)

Summary date: 

Apr 14 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 721 (Public) Filed Tuesday, April 14, 2015
AN ACT TO AMEND THE LAWS RELATED TO LAND DEVELOPMENT.
Intro. by Bryan, Stam.

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Bill summary

Amends GS 160A-372 (municipal) and GS 153A-331 (county), which relate to subdivision control ordinances. Removes language in existing law related to performance guarantees and adds new language that:

  • specifies what constitutes a performance guarantee,
  • places a time limit on the length of the performance guarantee (not more than six months longer than the issuance of any required final inspection approval),
  • places a cap on the amount of the performance guarantee (not to exceed 110% of the cost of completion), and
  • provides that the guarantee may be used only for completion of the development and not for repairs or maintenance.

Requires that performance agreements required by development agreements (GS 160A-400.25, GS 153A-349.6), erosion and sedimentation control plans (GS 113A-61), and stormwater control best practices for composting operations comply with these new provisions. 

Prohibits cities (GS 160A-417) and counties (GS 153A-357) from withholding issuing a building permit for one property or parcel as a means of compelling (1) completion of work for a separate permit or (2) compliance with land use regulations.

Effective October 1, 2015, and applies to performance guarantees required on or after that date.

 

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