GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2016-111

HOUSE BILL 483

AN ACT to make changes to the land‑use regulatory laws of the State.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 160A‑385 is amended by adding a new subsection to read:

"(b1) Amendments in zoning ordinances, subdivision ordinances, and unified development ordinances shall not be applicable or enforceable without the written consent of the owner with regard to a multi‑phased development as defined in G.S. 160A‑385.1(b)(7). A multi‑phased development shall be vested for the entire development with the zoning ordinances, subdivision ordinances, and unified development ordinances then in place at the time a site plan approval is granted for the initial phase of the multi‑phased development. A right which has been vested as provided for in this subsection shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi‑phased development."

SECTION 2.  G.S. 160A‑385.1(b) reads as rewritten:

"(b)      Definitions.

...

(7) "Multi‑phased development" means a development containing 100 acres or more that (i) is submitted for site plan approval for construction to occur in more than one phase and (ii) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval."

SECTION 3.  G.S. 153A‑344 is amended by adding a new subsection to read:

"(b1) Amendments in zoning ordinances, subdivision ordinances, and unified development ordinances shall not be applicable or enforceable without the written consent of the owner with regard to a multi‑phased development as defined in G.S. 153A‑344.1(b)(7). A multi‑phased development shall be vested for the entire development with the zoning ordinances, subdivision ordinances, and unified development ordinances then in place at the time a site plan approval is granted for the initial phase of the multi‑phased development. A right which has been vested as provided for in this subsection shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi‑phased development."

SECTION 4.  G.S. 153A‑344.1(b) reads as rewritten:

"(b)      Definitions.

...

(7) "Multi‑phased development" means a development containing 100 acres or more that (i) is submitted for site plan approval for construction to occur in more than one phase and (ii) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval."

SECTION 5.  This act is effective when it becomes law and applies to multi‑phased developments with approved site plans which are valid and unexpired on the effective date of this section and to multi‑phased developments approved on or after the effective date of this act.

In the General Assembly read three times and ratified this the 1^st day of July, 2016.

                                                                    s/  Louis M. Pate, Jr.

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 4:08 p.m. this 22^nd day of July, 2016