Bill Summary for H 483 (2015-2016)

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Summary date: 

Jul 1 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 483 (Public) Filed Wednesday, April 1, 2015
AN ACT TO MAKE CHANGES TO THE LAND USE REGULATORY LAWS OF THE STATE.
Intro. by Jordan.

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Bill summary

Senate committee substitute makes the following changes to the 4th edition.

Deletes all proposed provisions and replaces them with the following.

Amends GS 160A-385, concerning changes in city zoning and development regulation, by adding a new subsection to require the written consent of the owner regarding a multi-phased development, as defined in GS 160A-385.1(b)(7), for amendments in zoning ordinances, subdivision ordinances, and unified development ordinances to be applicable or enforceable. Establishes that a multi-phased development is vested for the entire development with the zoning ordinances, subdivision ordinances, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phase development. Further establishes that a right vested under new subsection (b1) remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phase development. Adds a new subdivision to GS 160A-385.1(b) to define multi-phase development to mean a development containing 100 acres or more that (1) is submitted for site plan approval for construction to occur in more than one phase and (2) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval.

Amends GS 153A-344, concerning amendments to county zoning ordinances, by adding a new subsection identical to new subsection (b1) of GS 160A-385, as enacted by the act. Adds a new subdivision to GS 153A-344.1(b) to define multi-phase development identically as the term is defined in new subdivision (7) of GS 160A-385.1(b), as enacted by the act.

Applies to multi-phased developments with approved site plans that are valid and unexpired on the effective date of the act, and to multi-phased developments approved on or after the effective date of the act.