Agenda - 10-07-1991 - Laserfiche WebLink

Browse Search

15 `1 North Carolina Association of County Commissioners ZONING VESTED RIGHTS G.S. 153 -344.1 (SENATE SILL 766) At the urging of the North Carolina Home Builders Association, (hereinafter "HBA ") during the 1989 session of the North Carolina General Assembly, the Senate passed a version of Senate Bill 766 that would have allowed a property owner to acquire a vested right upon filing a "notice of,' intent to develop. " The vested right would have frozen the allowable uses, density and dimensional requirements applicable to the property for a period of two years. This version of the bill was unacceptable to North Carolina counties. However, the North Carolina Association of County Commissioners (hereinafter "Association ") and the North Carolina League of Municipalities (hereinafter "League ") did indicate a willingness to discuss a more rational approach to establishing certain vested rights before the issuance of a building permit. Specifically, the Association and League offered as a model a Colorado law that moves up the point at which development rights vest to the time when a "site specific development plan" or a "development agreement" is approved by a local governing body. In the 1990 short session, the House subcommittee considering Senate Bill 766 urged the Association and the HBA to negotiate a compromise. Using the Colorado law as a starting point, the Association, the League and the HBA hammered out a compromise that was ultimately ratified by the General Assembly as Chapter 996 of the 1989 Session Laws (1990 Regular Session) (hereinafter referred to as "the Act"). The Act,- most of which is codified as G.S. 153A- 344.1 (for counties) and G.S. 160A -385.1 (for cities), has an effective date of October 1, 1991. Through a series of questions and answers, this document provides a,basic analysis of the new law. The appendix includes a copy of the portions of the G.S. 153A -344.1 that are applicable to counties and an annotated model ordinance that may be adapted for use by individual local governments. In reviewing these materials, please note that. they, are intended only as a resource for local officials and not as the final word on a complicated law. Also, since this new law is, with limited exceptions, self- implementing, local officials' need to become and remain familiar with it in addition to any locally adopted ordinance. Since the issues raised by G.S.. -153A -344.1 involve important legal and planning concerns, the. county attorney and planning professionals should be consulted early and fully. -OVER- .