Tree Protection, Land Subdivision, and Development Agreements: 2005 Legislation Richard Ducker School of Government UNC – Chapel Hill

Tree Protection/Forestry G.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/Forestry G.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/Forestry G.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 Agreements G.S. 160A to

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