Agenda - 06-04-2024; 5-c - Unified Development Ordinance Text Amendment – Regulatory Reform Compliance & Clarifications

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9 authorized to establish a joint program or a joint stormwater permitting prorg am and to enter into any agreements that are necessary for the proper administration and enforcement of the program. 0The Department shall not require an applicant for a new permit to take any action with respect to an unaffiliated adjacent property and shall not condition issuance of a new permit on action to be taken by an existing permit holder with respect to the permitting of an unaffiliated adjacent property. For purposes of this section, the following definitions apply: W "Applicant"means the person applying for a new permit to be issued pursuant to this section and, if the applicant is a business entity, applicant also includes (i) the parent, subsidiary, or other affiliate of the applicant, (ii)apartner, officer, director, member, or manager of the business entity, parent, subsidiary, or other affiliate of the applicant, and(iii,) any person with a direct or indirect interest in the applicant, other than a minority shareholder of a publicly traded corporation who has no involvement in management or control of the corporation or an,, o�parents, subsidiaries, or affiliates. Q "Unaffiliated adjacent property" means a property (i) for which the applicant does not have,and has not had,an ownership interest and(ii)that is not subject to a permit issued pursuant to this section that also ,governs the grope . for which the new permit is sought. As used in this section, the words "affiliate," "parent," and "subsidiary. the same meaning as in 17 Code of Federal Regulations § 240.12b-2. c8 The Department shall rescind a permit issued under this section without the consent of the permit holder where the permitted development has not been initiated within five years after the date of permit issuance. No less than 90 days prior to rescission, the Department shall notify the permit holder of its intent to rescind the permit and allow the permit holder 60 days in which to respond and request an extension of the permit. AMEND STORMWATER FEE CONSIDERATIONS SECTION 3.(a) G.S. 160A-314(al)reads as rewritten: "(al) (1) Before it establishes or revises a schedule of rates, fees, charges, or penalties for stormwater management programs and structural and natural stormwater and drainage systems under this section, the city council shall hold a public hearing on the matter. A notice of the hearing shall be given at least once in a newspaper having general circulation in the area, not less than seven days before the public hearing. The hearing may be held concurrently with the public hearing on the proposed budget ordinance. (2) The fees established under this subsection must be made applicable throughout the area of the city. Schedules of rates, fees, charges, and penalties for providing stormwater management programs and structural and natural stormwater and drainage system service may vary according to whether the property served is residential, commercial, or industrial property, the property's use, the size of the property, the area of impervious surfaces on the property, the quantity and quality of the runoff from the property, stormwater control measures in use by the property, the characteristics of the watershed into which stormwater from the property drains, and other factors that affect the stormwater drainage system. Rates, fees, and charges imposed under this subsection may not exceed the city's cost of providing a stormwater management program and a structural and natural stormwater and drainage system. The city's cost of providing a stormwater management program and a structural and natural stormwater and drainage system includes any costs House Bill 600 Session Law 2023-137 Page 3