Bill Summary for S 365 (2023-2024)

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Summary date: 

Mar 23 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 365 (Public) Filed Thursday, March 23, 2023
AN ACT TO ESTABLISH A DEFAULT JURISDICTION FOR A PARCEL OF LAND THAT LIES WITHIN THE PLANNING AND DEVELOPMENT REGULATION JURISDICTION OF MORE THAN ONE LOCAL GOVERNMENT.
Intro. by Jarvis, Johnson, Moffitt.

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Bill summary

Amends GS 160D-203, which provides that if a parcel of land lies within the planning and development regulation jurisdiction of more than one local government, the local governments may, by mutual agreement and with the landowner's written consent, assign exclusive planning and development regulation jurisdiction for the entire parcel to any one of those local governments; expands upon this provision to also allow such an agreement for additional phases identified or proposed future phases. Adds that if a mutual agreement does not exist, then the decision as to which jurisdiction controls an entire project, including utilities; annexation for utility access; if applicable, all proposed and future phases; and other services offered by the controlling jurisdiction are to be made by the developer. Allows the developer or petitioner to enter into an agreement with multiple jurisdictions for any part of the development subject to permission from the controlling jurisdiction. Specifies that this is only applicable to development regulations and that it does not affect taxation or other nonregulatory matters.