Tree Protection, Land Subdivision, and Development
Agreements:2005 Legislation
Richard DuckerSchool of Government
UNC – Chapel Hill
Tree Protection/ForestryG.S. 160A-458.5(b)
• No local regulation of forestry if – Forest land
assessed at present –use value
– Forestry conducted according to forestry management plan
Tree Protection/ForestryG.S. 160A-458.5(c )
• Local regulations O.K. if:– Adopted under
planning and land development power
– Needed to comply with federal or state law
– Applied to trees that affect city streets
– Adopted under pre-existing local act
Tree Protection/ForestryG.S. 160A-458.5(c)(1)
• LG may withhold development approval for 3 years if clearing results in removal of substantially all of protected trees
Subdivision Plat Review G.S. 160A-371, -373
• Subdivision and other• land development
authority may be merged into UDO
• Different review procedures for different classes of subdivisions
• Approval by technical review committee or staff person
Standards for Plat Approval G.S. 160A-371
• Approval must be based on criteria
• If standards discretionary, then criteria must provide adequate guiding standards
Appeals of Subdivision Plat Review Decisions
• Administrative appeal within local government
• Judicial review– Writ of mandamus
• Compels plat approval if ministerial
• Compels approval if unauthorized conditions added
– Writ of certiorari• Appropriate if quasi-
judicial process used involving
– Public hearing– Discretionary
standards
Subdivision Improvement Performance Guarantees
G.S. 160A-331
• Facilities must be tied to “plans”
• Ordinance must provide a range of performance guarantee options
• Developer elects what type of guarantee used
Definition of “Subdivision”G.S. 160A-376
• Now reads: “divisions into two or more lots, building sites when any one or more of those divisions is created for sale or development”
• No exemption for first lot out of a tract
Large Tract
Small Lot
Remedies for Subdivision Ordinance Violations
G.S. 160A-375(a)
• Local government may withhold building permit for lot in illegal subdivision
• Court may order correction or abatement of violation
Pre-sale of Lots Allowed G.S. 160A-375(b) & (c)
• Pre-sale of lots allowed after preliminary plat approval but before final approval
• Consumer purchasers of presold lots (but not builders) entitled to copy of preliminary plat and various disclosures when contract executed
Infrastructure Reimbursement Agreements
G.S. 160A-499 & -320• Model One:
– Applies to range of facilities that are part of city’s capital improvement plan
– Private contractor may have to use competitive bidding
• Model Two– Applies to public
enterprises– Public cost must be less
than $250,000– Public cost must not
exceed cost that would have been incurred if other construction procedures used
Infrastructure Reimbursement Agreements
G.S. 160A-309
• Model Three:– Authorizes street-
related agreements inside city limits
– Public cost less than $250,000
– Public cost must not exceed cost that would have been incurred if other construction methods had been used
Development AgreementsG.S. 160A-400.20 to -400.32
Development Agreements G.S. 160A-400.20 to -400.32
• Agreement may not impose a tax or fee or involve regulatory authority not otherwise allowed. No municipal promises to:– Refrain from annexing– Open, close, or build streets– Refrain from rezoning
• Agreement may not impose developer “exactions” and impact fees if not otherwise authorized by law
• Ordinances in effect when agreement executed remain in effect for life of agreement
• Agreement must provide a development schedule with commencement and completion dates for intervals no greater than five years
• Agreements must be recorded and run with the land
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