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78 <br /> of the requisite majority. Every such decision of the city council or planning board shall be <br /> subject to review of the superior court in the nature of certiorari in accordance with <br /> G.S. 160A-388. <br /> Where appropriate, such conditions may include requirements that street and utility <br /> rights-of-way be dedicated to the public and that provision be made of recreational space and <br /> facilities." <br /> "SECTION 31.(b) G.S. 153A-340(cl) reads as rewritten: <br /> "(cl) The regulations may also provide that the board of adjustment, the planning board, <br /> or the board of commissioners may issue special use permits or conditional use permits in the <br /> classes of cases or situations and in accordance with the principles, conditions, safeguards, and <br /> procedures specified therein and may impose reasonable and appropriate conditions and <br /> safeguards upon these permits. Conditions and safeguards imposed under this subsection shall <br /> not include requirements for which the county does not have authority under statute to regulate <br /> nor requirements for which the courts have held to be unenforceable if imposed directly by the <br /> county. Where appropriate, the conditions may include requirements that street and utility <br /> rights-of-way be dedicated to the public and that recreational space be provided. When <br /> deciding special use permits or conditional use permits, the board of county commissioners or <br /> planning board shall follow quasi-judicial procedures. Notice of hearings on special or <br /> conditional use permit applications shall be as provided in G.S. 160A-388(a2). No vote greater <br /> than a majority vote shall be required for the board of county commissioners or planning board <br /> to issue such permits. For the purposes of this section, vacant positions on the board and <br /> members who are disqualified from voting on a quasi-judicial matter shall not be considered <br /> "members of the board" for calculation of the requisite majority. Every such decision of the <br /> board of county commissioners or planning board shall be subject to review of the superior <br /> court in the nature of certiorari consistent with G.S. 160A-388."" <br /> SECTION 1.8.(c) If House Bill 44, 2015 Regular Session becomes law, then <br /> G.S. 153A-457 reads as rewritten: <br /> "§ 153A-457. Notice prior to construction. <br /> (a) A county shall notify the property owners and adjacent property owners prior to <br /> commencement of any construction project by the county. <br /> (b) Notice under this section shall be in writing at least 15 days prior to the <br /> commencement of construction, except in any of the following instances: <br /> (1) If the construction is Hof an emergency nature, the notice may be <br /> given by any means, including verbally, that the county has for contacting <br /> the property owner within a reasonable time prior to, or after, <br /> commencement of the construction. <br /> (2) The property owner requests action of the county that requires construction <br /> activity. <br /> (3) The property owner consents to less than 15 days' notice. <br /> (4) Notice of the construction project is given in any open meeting of the county <br /> prior to the commencement of the construction project. <br /> (c) For purposes of this section, "construction" shall mean the building, erection, or <br /> establishment of new buildings, facilities, and infrastructure and shall not include routine <br /> maintenance and repair." <br /> SECTION 1.8.(d) If House Bill 44, 2015 Regular Session becomes law, then <br /> G.S. 160A-499.4 reads as rewritten: <br /> "§ 160A-499.4. Notice prior to construction. <br /> (a) A city shall notify the property owners and adjacent property owners prior to <br /> commencement of any construction project by the city. <br /> (b) Notice under this section shall be in writing at least 15 days prior to the <br /> commencement of construction, except in any of the following instances: <br /> (1) If the construction is Hof an emergency nature, the notice may be <br /> given by any means, including verbally, that the city has for contacting the <br /> property owner within a reasonable time prior to, or after, commencement of <br /> the construction. <br /> (2) The property owner requests action of the city that requires construction <br /> activity. <br /> (3) The property owner consents to less than 15 days' notice. <br /> Page 4 Session Law 2015-286 House Bill 765-Ratified <br />