Here’s a summary of each change that HB 765 makes:
120-36.7.(e) – Adds a significant burden to the Fiscal Research Division of the state government, requiring them to analyze the five-year impact of bills and resolutions on the costs of “constructing, purchasing, owning, or selling a single-family residence, either directly or indirectly”.
159-42.2.(a) – Adds a significant burden to local government staff by requiring them to analyze the five-year impact of ordinances on the costs of “constructing, purchasing, owning, or selling a single-family residence, either directly or indirectly”. Staff are not permitted to include any comments or opinions about the merits of the ordinance.
159-42.2.(b) – Opens local government up to lawsuits if a any resident is not satisfied with the fiscal note. The part about the courts seems contradictory because it says they are to determine whether the fiscal note was prepared “as required by this section”, but also says “The court shall have no authority to determine the sufficiency of a fiscal note”.
160D-101. – Section (d), which protects local government authority to regulate planning and development, is removed. Section (e) is added, which removes local government authority to regulate development more restrictively than the state government (with an exception for floodplains).
160D-108.1. – Various edits are introduced to existing law to lengthen the validity of approved plans from 2 years to 5 years, and restrict the ability of local government to apply any regulations that would affect approved plans.
160D-109. – Conflict of interest law is re-written so that local government board members may not vote or participate in any decision on development if it is likely to have any impact on them (not just financial), or if they have a “fixed opinion” that is “not susceptible to change”, or have had any discussions with anyone about it. Previously board members were only restricted from voting, not from participating. These new restrictions are also applied to members of appointed boards, such as planning boards.
160D-605. – Board statements about decisions on development are now subject to judicial review.
160D-203. – Instead of towns working together over a development that is in the territory of both, jurisdiction is automatically assigned to the town with access to water and sewer services. Land owners can decide which town will have jurisdiction over the parcel if only water or sewer (not both) is available. If all or none of the towns have access to water and sewer, the town with the most land in the parcel will have jurisdiction.
G.S. 160D-402(d) – Restricts what local governments can spend development fee revenues on.
160D-403. – In cities with a population of 125,000 or more, only the city’s administrative staff are permitted to approve “by right” plans – not the board.
160D-707. – New sections give local governments only 90 days to complete a rezoning decision. If not done within that time, it will be considered an automatic approval.
160D-403. (b) – New section only allows local government staff 14 days to review a development application for completeness. If not done within that time, it will be considered an automatic approval.
160D-702. (b) – The ability for property owners to voluntarily agree to zoning regulations that would otherwise be optional for them has been removed.
160D-702. (c) (2a) – Local government can no longer regulate parking space size, except as provided for by the American with Disabilities Act.
160D-702. (c) (4) – Restricts a local government’s ability to regulate driveway size.
160D-702. (c) (5) – Restricts a local government’s ability to set design standards for roads, unless they take ownership and maintenance responsibility.
160D-702. (c) (6) – Restricts a local government’s ability to require sidewalks.
160D-702. (c) (7) – Restricts cities with a population of 125,000 or more from requiring buffers or setbacks for high density developments (15 units per acre or more).
160D-703. (a1) – Local governments are no longer allowed to define zoning by lot size, instead they must do it by density. In residential zones, minimum “by right” density is assigned to localities based on population. The lowest minimum is four units per acre. In Union County our lowest minimum would be five. In a few years when the population grows over 275,999 the minimum will rise to six.
160D-703. (a4) – Loosens regulation of design standards in cities of 125,000 people or more.
160D-703. (b) – Places more limitations on what can be required in conditional zoning districts.
160D-703. (e) – Changes definition of an acre to favor density.
160D-803.(c) – Local boards no longer have the power to approve subdivision plans. Only staff can approve.
160D-974. – Allows tiny houses and accessory dwelling units in cities with 125,000 or more.
160D-944. – Adds a requirement for the establishment of historic districts: must be consented to by 75% of the property owners, and requires unanimous approval by the board.
160D-1110(d) – Loosens regulations on developers so that they can start building faster (before certificate of occupancy).
160D-1403.1. – Expands legal liability for local government land use decisions that are “arbitrary and capricious” or an “abuse of discretion”.
160D-1403.3. – Expands “private remedies” for violations.
160D-110. (a) – Removes applicability of 153A-4. and G.S. 160A-4, which allows for broad construction of the powers of county governments and cities.
160D-1406. – Makes government officials personally liable for development decisions deemed to be performed “maliciously, arbitrarily, and capriciously”. Allows for punitive damages and disclosure of information.
6-21.7 – Makes board members liable for attorney’s fees.
153A-121. – Removes ordinance power of counties to make development regulations.
160A-174. – Removes ordinance power of cities to make development regulations.
160A-307. – Local government power to regulate street and driveway construction severely limited.
162A-901. – Localities cannot reserve sewer capacity for anything other than development, and forces a plan for expansion if there’s not enough capacity for a development. Capacity reserved for developments is made more difficult to expire.
130A-343.5. – Allows “package plants” in areas where county/municipal sewer capacity is not available.