SB 720 — GSC Conforming Amends./2019 Land-Use Changes.

The regulation may require that special use permits be recorded with the register of deeds." SECTION 20.(a) G.S.

Senate Bill 720-First Edition Page 21 General Assembly Of North Carolina Session 2019 (2) The A regulation adopted by a city may provide that in lieu of required street construction, a developer be required to provide funds for city use for the construction of roads to serve the occupants, residents, or invitees of the subdivision or development, and these funds may be used for roads which serve more than one subdivision or development within the area.

Senate Bill 720-Second Edition Page 21 General Assembly Of North Carolina Session 2019 (4) Anyformula adopted by a local government to determine the amount of funds the developer is to pay in lieu of required street construction shall be based on the trips generated from the subdivision or development.

AnyformulaAny formula enacted to determine the amount of funds that are to be provided under this subsection shall be based on the value of the development or subdivision for property tax purposes.

Page 22 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 (1) Type.

If the improvements are not completed to the specifications of the local government, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new Page 22 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 performance guarantee issued, for an additional period.

The form of any extension shall remain at the election of the developer.The local government shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements aresubject to local government acceptance.Whenrequiredimprovementsacceptance.Whenrequired improvements that are secured by a bond are completed to the specifications of the local government, or are accepted by the local government, if subject to its acceptance, upon request by the developer, the local government shall timely provide written acknowledgement that the required improvements have been completed.

Any extension of the performance guarantee necessary to complete required improvements shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still Senate Bill 720-First Edition Page 23 General Assembly Of North Carolina Session 2019 outstanding at the time the extension is obtained.The local government may determine the amount of the performance guarantee or use a cost estimate determined by the developer.

Senate Bill 720-Second Edition Page 23 General Assembly Of North Carolina Session 2019 (5) Legal responsibilities.

Page 24 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 (a) If a local government adopts a subdivision regulation, any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of that local government, thereafter subdivides his the land in violation of the regulation or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under such the subdivision regulation and recorded in the office of the appropriate register of deeds, shall be is guilty of a Class 1 misdemeanor.

(b) The provisions of this section shall do not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a Page 24 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 final plat has not yet been properly approved under the subdivision regulation or recorded with the register of deeds, provided the contract does all of the following:

Senate Bill 720-First Edition Page 25 General Assembly Of North Carolina Session 2019 (2) A copy of the property tax listing showing that the property is eligible for participation in the present-use value program pursuant to G.S.

A building or structure used for agritourism includes any building or Senate Bill 720-Second Edition Page 25 General Assembly Of North Carolina Session 2019 structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting.

Amendments to applicable development regulations may Page 26 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 include provisions regarding on-farm sales, pick-your-own operations, road signs, agritourism, and other activities incident to farming." SECTION 23.

For purposes of this Part, "exterior features" shall include include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and Page 26 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 style of all windows, doors, light fixtures, signs, and other appurtenant fixtures.

Senate Bill 720-First Edition Page 27 General Assembly Of North Carolina Session 2019 (3) Appeals from the board of adjustment may be made pursuant to G.S.

The decision of the North Carolina Senate Bill 720-Second Edition Page 27 General Assembly Of North Carolina Session 2019 Historical Commission shall be is final and binding upon both the State and the preservation commission." SECTION 25.

TheThenoticeprovisions noticeprovisions ofG.S.

… Page 28 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 (f) Any performance guarantees under the development agreement shall comply with G.S.

(b) The duties and responsibilities set forth in subsection (a) of this section shall include the receipt of applications for permits and the issuance or denial of permits, the making of any necessary inspections in a timely manner, the issuance or denial of certificates of compliance, Page 28 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 the issuance of orders to correct violations, the bringing of judicial actions against actual or threatened violations, the keepingofadequate records, andanyother actions thatmayberequired in order adequately to enforce those laws.

Senate Bill 720-First Edition Page 29 General Assembly Of North Carolina Session 2019 (2) The provision in or with each permit issued bythe department of (i) the name, phone number, and e-mail address of the supervisor of each inspector and (ii) a notice of availability of the informal internal review process.

Senate Bill 720-Second Edition Page 29 General Assembly Of North Carolina Session 2019 (2) Field inspection of the installation or completion of a component or element of the building is performed by a licensed architect or licensed professional engineer or a person under the direct supervisory control of the licensed architect or licensed professional engineer.

(b) Upon the acceptance and approval receipt of a signed written document by the city local government as required under subsection (a) of this section, notwithstanding the issuance of a certificate of occupancy, the city, local government, its inspection department, and the inspectors shall be are discharged and released from any liabilities, duties, and responsibilities imposed by this Article with respect to or in common law from any claim arising out of or Page 30 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 attributed to the component or element in the construction of the building for which the signed written document was submitted.

(a) Except as provided in subsection (c) of this section, no person shall commence or proceedproceedwith with anyofthefollowingwithout first securingall permits required bytheStateBuilding Code and any other State or local laws applicable to any of the following activities:

Page 30 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 (1) The construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building or structure.

Senate Bill 720-First Edition Page 31 General Assembly Of North Carolina Session 2019 However, a building permit is not required for the installation, maintenance, or replacement of any load control device or equipment by an electric power supplier, as defined in G.S.

No Senate Bill 720-Second Edition Page 31 General Assembly Of North Carolina Session 2019 building permits shall be issued unless the plans and specifications are identified by the name and address of the author thereof, and, if the General Statutes of North Carolina require that plans for certain types of work be prepared only by a licensed architect or licensed engineer, no building permit shall be issued unless the plans and specifications bear the North Carolina seal of a licensed architect or of a licensed engineer.

160D-1104(d), as the work pursuant to a building permit progresses, local inspectors shall make as many inspections thereof Page 32 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 as may be necessary to satisfy them that the work is being done according to the provisions of any applicable State and local laws and of the terms of the permit.

A permit holder may request and be issued a temporary Page 32 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 certificate of occupancy if the conditions and requirements of the North Carolina State Building Code are met.

If the name or whereabouts of the owner cannot, after due diligence, be discovered, the notice shall be considered properly and adequately served if a copy is posted on the outside of the Senate Bill 720-First Edition Page 33 General Assembly Of North Carolina Session 2019 building or structure in question at least 10 days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the local government's area of jurisdiction at least once not later than one week prior to the hearing." SECTION 34.

– Whenever any violation is denominated a misdemeanor under the provisions of this Article, the local government, either in addition to or in lieu of other Senate Bill 720-Second Edition Page 33 General Assembly Of North Carolina Session 2019 remedies, mayinitiate anyappropriate action or proceedings to prevent, restrain, correct, or abate the violation or to prevent the occupancy of the building or structure involved.

Page 34 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 (a) Authority.

and that the rules of Page 34 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 evidence prevailing in courts of law or equity shall not be are not controlling in hearings before the public officer.

(3) An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to Senate Bill 720-First Edition Page 35 General Assembly Of North Carolina Session 2019 preserve the original use.

Senate Bill 720-Second Edition Page 35 General Assembly Of North Carolina Session 2019 … (i) Liens.

– If any occupant fails to comply with an order to vacate a nonresidential buildingorstructure, the publicofficermayfilea civil actioninaction in thenameof thelocal government to remove the occupant.

Page 36 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 (k) Civil Penalty.

– The governing board of a citylocal government or its delegated commission may petition the superior court for the appointment of a receiver to rehabilitate, demolish, or sell a vacant building, structure, or dwelling upon the occurrence of any of the following, each of which is deemed a nuisance per se:

Page 36 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 (2) The owner fails to comply with an order of the citylocal government following an appeal of an inspector's order issued pursuant to G.S.

(3) The governing board of the citylocal government adopts any ordinance pursuant to subdivision (f)(1) of G.S.

The public officer may submit a petition on behalf of the governing board to the superior court for the appointment of a receiver, and if granted bytheby the superior court,thepetitionshallcourt, the petition shall be considered anappropriatemeansan appropriate means of complyingwithcomplying with the ordinance.

(i) a copy of the original violation notice or order issued by the citylocal government or, in the case of an owner request to the governing board for a petition for appointment of a receiver, a verified pleading that avers that at least one owner consents to the petition;

If the petition fails to name a respondent as required bybythis this subsection, the proceedingproceedingmay may continue, but the receiver's Senate Bill 720-First Edition Page 37 General Assembly Of North Carolina Session 2019 lien for expenses incurred in rehabilitating, demolishing, or selling the vacant building, structure, or dwelling, as authorized bysubsectionby (f)ofthissubsection (f) of this section, does not havepriorityoverthelienofthathave priority over the lien of that respondent.

– Within 10 days after filing the petition, the citylocal government shall give notice of the pendency and nature of the proceeding by regular and certified mail to the last known address of all owners of the property, as recorded with the register of deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S.

If the citylocal government fails to give notice to any owner of the property, as recorded with the register of deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S.

If the court does not appoint apersonto rehabilitateordemolish thepropertypursuant to subsection (e)ofthis section, or if the court dismisses such an appointee, the court shall appoint a qualified receiver for the Senate Bill 720-Second Edition Page 37 General Assembly Of North Carolina Session 2019 purpose of rehabilitating and managing the property, demolishing the property, or selling the property to a buyer.

To be considered qualified, a receiver must demonstrate to the court (i) the financial ability to complete the purchase or rehabilitation of the property, (ii) the knowledge of, or experience in, the rehabilitation of vacant real property, (iii) the abilityto obtain anynecessary insurance, and (iv) the absence of any building code violations issued by the citylocal government on other real property owned bybythe the person or any member, principal, officer, major stockholder, parent, subsidiary, predecessor, or others affiliated with the person or the person's business.

No member of the petitioning city'slocal government's governing board or a public officer of the petitioning citylocal government is qualified to be appointed as a receiver in that action.

If, at any time, it appears to the citylocal government or its delegated commission that the owner, mortgagee, or other person appointed under this subsection is not proceeding with due diligence or in compliance with the court-orderedschedule,thecityoritsdelegatedcommissionmayapplytothecourtforimmediatecourt-ordered schedule, the local government or its delegated commission may apply to the court for immediate revocation of that person's appointment and for the appointment of a qualified receiver.

– Upon the appointment of a receiver under subsection (d) of this section and after the receiver records a notice of receivership in the county in which Page 38 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 the property is located that identifies the property, all other parties are divested of any authority to collect rents or other income from or to rehabilitate, demolish, or sell the building, structure, or dwelling subject to the receivership.

Page 38 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 (5) Manage the property after rehabilitation, with all the powers of a landlord, for a period of up to two years and apply the rent received to current operating expenses and repayment of outstanding rehabilitation or demolition expenses.

After deducting the expenses of the sale, the amount of outstanding taxes and other government assessments, and the amount of the receiver's lien, the receiver shall apply any remaining proceeds of the sale first to the city'slocal government's costs and expenses, including reasonable attorneys' fees, and then to the liens against the property in order of priority.

After deducting the expenses of the sale and the amount of any outstanding taxes and other government assessments, the receiver shall apply theproceeds ofthesaleto theliens against theproperty,inthe property,in orderofpriority.

Senate Bill 720-First Edition Page 39 General Assembly Of North Carolina Session 2019 (j) Deed After Sale.

– The citylocal government may charge the owner of the building, structure, or dwelling subject to the receivership an administrative fee that is equal to fivefivepercent(5%)oftheprofitsfromthesaleofthebuilding,structure,ordwellingoronehundred percent (5%) of the profits from the sale of the building, structure, or dwelling or one hundred dollars ($100.00), whichever is less." SECTION 38.(b) This section applies to any nuisance per se described in G.S.

Senate Bill 720-Second Edition Page 39 General Assembly Of North Carolina Session 2019 "(a) Occupied Dwellings.

The order shall state that the failure to make timelyrepairs Page 40 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 as directed in the order shall make the dwelling subject to the issuance of an unfit order under subdivision (4) of this section.

A targeted area designated by the local government shall reflect the local government's stated neighborhood revitalization strategy and shall consist of property that meets the definition of a "blighted area" Page 40 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 or "blighted parcel" as those terms are defined in G.S.

Senate Bill 720-First Edition Page 41 General Assembly Of North Carolina Session 2019 (b) The housing appeals board shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time.

The court shall hear and determine the issues raised and Senateshallentersuchfinalorderordecreeaslawandjusticemayrequire.Itshallnotbeisnotnecessary Billto 720-Secondfile Editionbond Pagein 41any Generalamount Assemblybefore Ofobtaining Northa Carolinatemporary Sessioninjunction 2019under shallentersuchfinalorderordecreeaslawandjusticemayrequire.this subsection.

It shallnotbeisnotnecessary to file bond in any amount before obtaining a temporary injunction under this subsection.

At the public hearing, the appraised value of the Page 42 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 property to be sold, exchanged, or transferred shall be disclosed, and the consideration for the conveyance shall not be less than the appraised value." SECTION 44.

– Upon filing the petition, the petitioner shall present the petition and a proposed writ of certiorari to the clerk of superior court of the county in which the matter Page 42 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 arose.

The court may, in its discretion, shall allow the record to be supplemented with affidavits, testimony ofwitnesses,ordocumentaryorotherevidenceif,andtotheextentthat,therecordisnotadequate Senate Bill 720-First Edition Page 43 General Assembly Of North Carolina Session 2019 to allow an appropriate determination petition raises any of the following issues:issues, in which case the rules of discovery set forth in the North Carolina Rules of Civil Procedure apply to the supplementation of the record of these issues:

through d.ofsubdivision(1)ofthissubsection,includingwhetherthedecision-making board erred in interpreting an ordinance, the court shall review that issue de novo.Thecourtshallconsidertheinterpretationofthedecision-makingboard, Senate Bill 720-Second Edition Page 43 General Assembly Of North Carolina Session 2019 but is not bound by that interpretation, and may freely substitute its judgment as appropriate.

– Following its review of the decision-making board in accordance with subsection (j) of this section, the court may affirm the decision, reverse the decision and remand the case with appropriate instructions, or remand the case for further Page 44 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 proceedings.

If the court concludes that a zoning board decision upholding a zoning enforcement action was not supported by substantial competent Page 44 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 evidence or was otherwise based on an error of law, the court shall reverse the decision.

(1) The person has an ownership, leasehold, or easement interest in, or possesses an option or contract to purchase the property that is the subject matter of a Senate Bill 720-First Edition Page 45 General Assembly Of North Carolina Session 2019 final and binding decision made by an administrative official charged with applying or enforcing a land development regulation.

– Subject to the limitations in the State and federal constitutions and State and federal case law, an action filed under this section is not rendered moot, if during the pendency of the action, the aggrieved person loses the applicable property interest as a result of the local government action being challenged and Senate Bill 720-Second Edition Page 45 General Assembly Of North Carolina Session 2019 exhaustion of an appeal described herein is required for purposes of preserving a claim for damages under this section.

1-54(10) or Page 46 Senate Bill 720-First Edition General Assembly Of North Carolina Session 2019 G.S.

Page 46 Senate Bill 720-Second Edition General Assembly Of North Carolina Session 2019 SECTION 49.(c) G.S.

SECTION 50.(b) Sections 5, 10, 14, 16, 17, 18, 45, 46, 47, 48, and the amendments to G.S.

160D-1405(c) in Section 4846 incorporate in Chapter 160D of the General Statutes the provisions of Sections 1.2, 1.3, 1.6, 1.7, 1.8, 1.9, 1.10, 1.12, 1.13, 1.14, 1.15, and 1.17 of S.L.

Senate Bill 720-First Edition Page 47 General Assembly Of North Carolina Session 2019 SECTION 51.(c) The Revisor of Statutes is authorized to substitute the effective date of this act for "January 1, 2021" throughout Chapter 160D of the General Statutes.

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