Bill Summary for H 721 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Jul 16 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.

View: All Summaries for BillTracking:

Bill summary

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

Amends new subsection GS 160A-372(g) concerning performance guarantees, requiring performance guarantees to be (1) returned or released in a timely manner when the city has acknowledged that the improvements for which the guarantee is being required are complete (previously, guarantee was to be returned upon completion of the improvements for which the guarantee was required); (2) extended or a new guarantee issued if improvements are not complete at the time the current guarantee is expiring, as well as requiring the developer to demonstrate reasonable, good faith progress toward completion of the improvements (previously, only provided for the extension of the guarantee); and (3) limited to an amount not to exceed 125% of the estimated cost of completion, with any extensions issued to complete the improvements not to exceed 125% of the reasonably estimated completion costs of the remaining incomplete improvements outstanding at the time the extension is obtained (previously, only capped the amount at 125% for the initial guarantee without mention of extensions). Makes technical changes. 

Amends new GS 160A-417 (Counties) and GS 153A-357 (Cities), which prohibit withholding building permits or certificates of occupancy 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, adding new language that allows such withholding of a building permit if it is otherwise authorized by law or a city or county decides there is an issue of public safety directly related to the issuance of the building permit or certificate of occupancy. Makes technical changes. 

Makes conforming changes to the effective date provision.