Agenda - 12-14-2010 - 7d - Laserfiche WebLink

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5 economy, and increasing levels of unemployment in the construction industry. (9) The construction industry and related trades are sustaining severe economic losses, and the lapsing of government development approvals would exacerbate, if not addressed, those losses. (10) Financial institutions that lent money to property owners, builders, and developers are experiencing erosion of collateral and depreciation of their assets as permits and approvals expire, and the extension of these permits and approvals is necessary to maintain the value of the collateral and the solvency of financial institutions throughout the State. (11) Due to the current inability of builders and their purchasers to obtain financing under existing economic conditions, more and more once-approved permits are expiring or lapsing, and, as these approvals lapse, lenders must reappraise and thereafter substantially lower real estate valuations established in conjunction with approved projects, thereby requiring the reclassification of numerous loans, which, in turn, affects the stability of the banking system and reduces the funds available for future lending, thus creating more severe restrictions on credit and leading to a vicious cycle of default. (12) As a result of the continued downturn of the economy and the continued expiration of approvals that were granted by State and local governments, it is possible that thousands of government actions will be undone by the passage of time. (13) Obtaining an extension of an approval pursuant to existing statutory or regulatory provisions can be both costly in terms of time and financial resources and insufficient to cope with the extent of the present financial conditions; moreover, the costs imposed fall on the public as well as the private sector. (14) It is the purpose of this act to prevent the wholesale abandonment of already approved projects and activities due to the present unfavorable economic conditions by tolling the term of these approvals for a finite period of time as the economy improves, thereby preventing a waste of public and private resources. SECTION 3. Definitions. - As used in this act, the following definitions apply: (1) Development approval. -Any of the following approvals issued by the State, any agency or subdivision of the State, or any unit of local government, regardless of the form of the approval, that are for the development of land or for the provision of water or wastewater services by a government entity: a. Any detailed statement by a State agency under G.S. 113A-4. b. Any detailed statement submitted by a special purpose unit of government or a private developer of a major development project under G.S. 113A-8. c. Any finding of no significant impact prepared by a State agency under Article 1 of Chapter 113A of the General Statutes. d. Any approval of an erosion and sedimentation control plan granted by a local government or by the North Carolina Sedimentation Control Commission under Article 4 of Chapter 113A of the General Statutes. e. Any permit for major development or minor development, as defined in G.S. 113A-118, or any other permit issued under the Coastal Area Management Act (CAMA), Part 4 of Article 7 of Chapter 113A of the General Statutes. f. Any water or wastewater permit issued under Article 10 or Article 11 of Chapter 130A of the General Statutes. g. Any building permit issued under Article 9 of Chapter 143 of the General Statutes. h. Any nondischarge or extension permit issued under Part 1 of Article 21 of Chapter 143 of the General Statutes. Page 2 Session Law 2009-406 SL2009-0406