Tree Protection, Land Subdivision, and Development Agreements: 2005 Legislation

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

2. 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

3. 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

4. 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

5. Subdivision Plat ReviewG.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

6. Standards for Plat Approval G.S. 160A-371 • Approval must be based on criteria • If standards discretionary, then criteria must provide adequate guiding standards

7. 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

8. Subdivision Improvement Performance GuaranteesG.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

9. 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

10. Remedies for Subdivision Ordinance ViolationsG.S. 160A-375(a) • Local government may withhold building permit for lot in illegal subdivision • Court may order correction or abatement of violation

11. Pre-sale of Lots AllowedG.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

12. Infrastructure Reimbursement AgreementsG.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

13. Infrastructure Reimbursement AgreementsG.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

14. Development AgreementsG.S. 160A-400.20 to -400.32

15. Development AgreementsG.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