Bill Summary for S 419 (2017-2018)

Summary date: 

Jun 27 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 419 (Public) Filed Tuesday, March 28, 2017
AN ACT TO REORGANIZE AND CLARIFY STATUTES REGARDING LOCAL PLANNING AND DEVELOPMENT REGULATION.
Intro. by Lee, McKissick.

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Bill summary

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

Makes a conforming change that repeals GS Chapter 168, Article 3 (reflecting that the contents of that chapter are being recodified elsewhere, as previously summarized).

Amends GS 160D-6-5 (Governing board statement), as enacted by this act. Requires a governing board to approve a statement describing whether an action adopting or rejecting any zoning text or map amendment is consistent or inconsistent with an adopted comprehensive plan. Inconsistent actions are deemed amendments to the plan, and no additional requests or applications for plan amendments are required. Requires the statement to also explain the change in conditions the governing board took into account in making the zoning amendment to meet the community's development needs. Requires actions adopting or rejecting petitions for a zoning map amendment to include a statement briefly explaining (was, analyzing) the reasonableness of the proposed rezoning. Authorizes the brief explanation statement to consider why the action is in the public interest.

Amends GS 160D-10-1, as enacted by this act. Requires a governing board that approves the rezoning of any property associated with a development agreement executed and recorded under that article to comply with GS 160D-6-5.

Amends GS 160D-8-2, as enacted by this act. Provides that the division of a tract into parcels under the terms of a probated will or the law of intestate succession is not subject to subdivision regulations. Provides that a county may require only a plat for recordation for the division of a tract or parcel of land in single ownership, if each of five listed criteria are met, including that no part of the tract or parcel to be divided has been divided under that provision in the 10 years prior to division.

Provides as follows: if the act becomes law in 2017, it is the intent of the General Assembly that legislation in other acts enacted in the 2017 Regular Session of the 2017-18 General Assembly that affects statutes repealed and replaced by similar provisions in GS Chapter 160D, as enacted by this act, also be incorporated into GS Chapter 160D. Such other legislation includes, if so enacted, the following bills in the 2017 Regular Session: S 615, H 158, H 252, H 310, H 376, H 457, H 530, H 581, and H 794. Directs the NC General Statutes Commission to study the need for legislation to accomplish this intent and report its findings and recommendations, including any legislative proposals, to the 2018 Regular Session of the 2017-18 General Assembly. Effective when the act becomes law.

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