A BILL TO BE ENTITLED
AN ACT TO MODERNIZE AND SIMPLIFY CITY AND COUNTY PLANNING AND LAND‑USE MANAGEMENT STATUTES.
The General Assembly of North Carolina enacts:

PART I. GENERAL PROVISIONS

SECTION 1.  G.S. 160A‑364 reads as rewritten:
"§ 160A‑364.  Procedure for adopting or amending ordinances under Article.
(a)	Before adopting, amending, or repealing any ordinance authorized by this Article, the city council shall hold a public hearing on it. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
(b)	If the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base that is 100 acres in size or larger, the governing body of the local government shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base not less than 10 days nor more than 25 days before the date fixed for the public hearing. If the military provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with military operations at the base, the governing body of the local government shall take the comments and analysis into consideration before making a final determination on the ordinance.
(c)	A city may adopt ordinances providing that notice of public hearings may be given through electronic means, including, but not limited to, the city's Internet site. Electronic notice of public hearings on zoning map amendments may be substituted for the published notice required by this section provided there is also a posting of a notice of the hearing on the affected site, with both the electronic and on‑site posting being made not less than 10 days nor more than 25 days before the date fixed for the hearing. If such timely electronic notice of a public hearing on a zoning map amendment or posting of notice of the hearing on the affected site is made, but not both, such electronic or posted notice may be substituted for the second published notice required by this section. Electronic and on‑site posting shall not supersede any other law that requires notice by mail to certain classes of people or the posting of signs on certain property and shall not alter the publication schedule for any public notice."
SECTION 2.  G.S. 153A‑323 reads as rewritten:
"§ 153A‑323.  Procedure for adopting or amending ordinances under this Article and Chapter 160A, Article 19.
(a)	Before adopting, amending, or repealing any ordinance authorized by this Article or Chapter 160A, Article 19, the board of commissioners shall hold a public hearing on the ordinance or amendment. The board shall cause notice of the hearing to be published once a week for two successive calendar weeks. The notice shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
(b)	If the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base that is 100 acres in size or larger, the board of commissioners shall provide written notice of the proposed changes by certified mail, return receipt requested, to the commander of the military base not less than 10 days nor more than 25 days before the date fixed for the public hearing. If the military provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with military operations at the base, the board of commissioners shall take the comments and analysis into consideration before making a final determination on the ordinance.
(c)	A county may adopt ordinances providing that notice of public hearings may be given through electronic means, including, but not limited to, the county's Internet site. Electronic notice of public hearings on zoning map amendments may be substituted for the published notice required by this section provided there is also a posting of a notice of the hearing on the affected site, with both electronic and on‑site posting being made not less than 10 days nor more than 25 days before the date fixed for the hearing. If such timely electronic notice of a public hearing on a zoning map amendment or posting of notice of the hearing on the affected site is made, but not both, such electronic or posted notice may be substituted for the second published notice required by this section. Electronic and on‑site posting shall not supersede any other law that requires notice by mail to certain classes of people or the posting of signs on certain property and shall not alter the publication schedule for any public notice."

PART II. SUBDIVISION REGULATION

SECTION 3.  G.S. 160A‑372 reads as rewritten:
"§ 160A‑372.  Contents and requirements of ordinance.
(a)	A subdivision control ordinance may provide, among other things, for the orderly growth and development of the city; for the safe and efficient provision of transportation networks, public utilities, education and recreation space and facilities, and other public and community needs; for protection of natural resources and open space; for the coordination of streets, highways, and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision or, alternatively, for provision of funds to be used to acquire recreation areas serving residents of the development or subdivision or more than one subdivision or development within the immediate area, and rights‑of‑way or easements for street and utility purposes including the dedication of rights‑of‑way pursuant to G.S. 136‑66.10 or G.S. 136‑66.11; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that promote public health, safety, and the general welfare.
(b)	The ordinance may require a plat be prepared, approved, and recorded pursuant to the provisions of the ordinance whenever any subdivision of land takes place. The ordinance may include requirements that plats show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformance with good surveying practice. 
(c)	The ordinance may provide for the more orderly development of subdivisions by requiring the construction of community service facilities in accordance with municipal plans, policies, and standards.
The ordinance may provide for the reservation of school sites in accordance with comprehensive land use plans approved by the council or the planning board. In order for this authorization to become effective, before approving such plans the council or planning board and the board of education with jurisdiction over the area shall jointly determine the specific location and size of any school sites to be reserved, which information shall appear in the comprehensive land use plan. Whenever a subdivision is submitted for approval which includes part or all of a school site to be reserved under the plan, the council or planning board shall immediately notify the board of education and the board shall promptly decide whether it still wishes the site to be reserved. If the board of education does not wish to reserve the site, it shall so notify the council or planning board and no site shall be reserved. If the board does wish to reserve the site, the subdivision shall not be approved without such reservation. The board of education shall then have 18 months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by initiating condemnation proceedings. If the board of education has not purchased or begun proceedings to condemn the site within 18 months, the subdivider may treat the land as freed of the reservation.
The ordinance may provide that a developer may provide funds to the city whereby the city may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area. All funds received by the city pursuant to this paragraph shall be used only for the acquisition or development of recreation, park, or open space sites. The ordinance may allow a combination or partial payment of funds and partial dedication of land when the governing body of the city determines that this combination is in the best interests of the citizens of the area to be served.
The ordinance may provide that in lieu of required street construction, a developer may be required to provide funds that the city may use for the construction of roads to serve the occupants, residents, or invitees of the subdivision or development and these funds may be used for roads which serve more than one subdivision or development within the area. All funds received by the city pursuant to this paragraph shall be used only for development of roads, including design, land acquisition, and construction. However, a city may undertake these activities in conjunction with the Department of Transportation under an agreement between the city and the Department of Transportation. Any formula adopted to determine the amount of funds the developer is to pay in lieu of required street construction shall be based on the trips generated from the subdivision or development. The ordinance may require a combination of partial payment of funds and partial dedication of constructed streets when the governing body of the city determines that a combination is in the best interests of the citizens of the area to be served.
To assure compliance with these and other ordinance requirements, the ordinance may provide for the posting of bonds, letters of credit, or other performance guarantees to assure successful completion of required improvements."
SECTION 4.  G.S. 160A‑375 reads as rewritten:
"§ 160A‑375.  Penalties for transferring lots in unapproved subdivisions.
If a city adopts an ordinance regulating the subdivision of land as authorized herein, any person who, being the owner or agent of the owner of any land located within the jurisdiction of that city, thereafter subdivides his land in violation of the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under such ordinance and recorded in the office of the appropriate register of deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The city may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to G.S. 160A‑417 may be denied for lots that have been illegally subdivided. In addition to other remedies, a city may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct."
SECTION 5.  G.S. 160A‑376 reads as rewritten:
"§ 160A‑376.  Definition.
For the purpose of this Part, "subdivision" means all divisions of a tract or parcel of land into lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this Part:
(1)	The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots and required supporting infrastructure (including streets, utilities, open space, and recreation areas) are equal to or exceed the standards of the municipality as shown in its subdivision regulations;
(2)	The division of land into parcels greater than 10 acres where no street right‑of‑way dedication is involved;
(3)	The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors; and
(4)	The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right‑of‑way dedication is involved and where the resultant lots and required supporting infrastructure (including streets, utilities, open space, and recreation areas) are equal to or exceed the standards of the municipality, as shown in its subdivision regulations.
A city may provide for expedited review of specified classes of subdivisions."
SECTION 6.  G.S. 153A‑331 reads as rewritten:
"§ 153A‑331.  Contents and requirements of ordinance.
(a)	A subdivision control ordinance may provide for the orderly growth and development of the county; for the safe and efficient provision of transportation networks, public utilities, education, and recreation space and facilities, and other public and community needs; for protection of natural resources and open space; for the coordination of streets, highways, and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights‑of‑way or easements for street and utility purposes including the dedication of rights‑of‑way pursuant to G.S. 136‑66.10 or G.S. 136‑66.11; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that promote public health, safety, and the general welfare.
(b)	The ordinance may require that a plat be prepared, approved, and recorded pursuant to the provisions of the ordinance whenever any subdivision of land takes place. The ordinance may include requirements that the final plat show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformity with good surveying practice.
(c)	A subdivision control ordinance may provide that a developer may provide funds to the county whereby the county may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area.
The ordinance may provide that in lieu of required street construction, a developer may provide funds to be used for the development of roads to serve the occupants, residents, or invitees of the subdivision or development. All funds received by the county under this section shall be transferred to the municipality to be used solely for the development of roads, including design, land acquisition, and construction. Any municipality receiving funds from a county under this section is authorized to expend such funds outside its corporate limits for the purposes specified in the agreement between the municipality and the county. Any formula adopted to determine the amount of funds the developer is to pay in lieu of required street construction shall be based on the trips generated from the subdivision or development. The ordinance may require a combination of partial payment of funds and partial dedication of constructed streets when the governing body of the county determines that a combination is in the best interest of the citizens of the area to be served.
The ordinance may provide for the more orderly development of subdivisions by requiring the construction of community service facilities in accordance with countyplans, policies, and standards.
The ordinance may provide for the reservation of school sites in accordance with comprehensive land use plans approved by the board of commissioners or the planning board. For the authorization to reserve school sites to be effective, the board of commissioners or planning board, before approving a comprehensive land use plan, shall determine jointly with the board of education with jurisdiction over the area the specific location and size of each school site to be reserved, and this information shall appear in the plan. Whenever a subdivision that includes part or all of a school site to be reserved under the plan is submitted for approval, the board of commissioners or the planning board shall immediately notify the board of education. That board shall promptly decide whether it still wishes the site to be reserved and shall notify the board of commissioners or planning board of its decision. If the board of education does not wish the site to be reserved, no site may be reserved. If the board of education does wish the site to be reserved, the subdivision may not be approved without the reservation. The board of education must acquire the site within 18 months after the date the site is reserved, either by purchase or by exercise of the power of eminent domain. If the board of education has not purchased the site or begun proceedings to condemn the site within the 18 months, the subdivider may treat the land as freed of the reservation.

To assure compliance with these and other ordinance requirements, the ordinance may provide for the posting of bonds, letters of credit, or other performance guarantees to assure successful completion of required improvements."
SECTION 7.  G.S. 153A‑334 reads as rewritten:
"§ 153A‑334.  Penalties for transferring lots in unapproved subdivisions.
If a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of a county that has adopted a subdivision regulation ordinance subdivides his land in violation of the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the ordinance and recorded in the office of the appropriate register of deeds, he is guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty. The county may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to G.S. 153A‑357 may be denied for lots that have been illegally subdivided. In addition to other remedies, a city may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct."
SECTION 8.  G.S. 153A‑335 reads as rewritten:
"§ 153A‑335.  "Subdivision" defined.
For purposes of this Part, "subdivision" means all divisions of a tract or parcel of land into lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets; however, the following is not included within this definition and is not subject to any regulations enacted pursuant to this Part:
(1)	The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots and required supporting infrastructure (including streets, utilities, open space, and recreation areas) are equal to or exceed the standards of the county as shown in its subdivision regulations;
(2)	The division of land into parcels greater than 10 acres if no street right‑of‑way dedication is involved;
(3)	The public acquisition by purchase of strips of land for widening or opening streets or for public transportation system corridors; and
(4)	The division of a tract in single ownership the entire area of which is no greater than two acres into not more than three lots, if no street right‑of‑way dedication is involved and if the resultant lots and required supporting infrastructure (including streets, utilities, open space, and recreation areas) are equal to or exceed the standards of the county as shown by its subdivision regulations.
A county may provide for expedited review of specified classes of subdivisions."

PART III. ZONING REGULATION

SECTION 9.  G.S. 160A‑381 reads as rewritten:
"§ 160A‑381.  Grant of power.
(a)	For the purpose of promoting health, safety, morals, or the general welfare of the community, any city may adopt zoning and development regulation ordinances. These ordinances may be adopted as part of a unified development ordinance or as a separate ordinance. A zoning may regulate  the type, form, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location, maintenance, and use of buildings, structures and  land. The ordinance may provide density credits or severable development rights.
(b)	Expired.
(b1)	These regulations may provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained, provided no change in permitted uses may be authorized by variance.
(c)	The regulations may also provide that the board of adjustment, the planning board, or the city council may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits. When deciding special use permits or conditional use permits, the city council shall follow the procedures for boards of adjustment except that no vote greater than a majority vote shall be required for the city council to issue such permits. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi‑judicial matter shall not be considered 'members of the board' for calculation of the requisite majority. Every such decision of the city council shall be subject to review by the superior court in the manner as is set forth in G.S. 160A‑393.	Where appropriate, such conditions may include requirements that street and utility rights‑of‑way be dedicated to the public and that provision be made of recreational space and facilities. 
(d)	A city council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the city council shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(e)	Cities may adopt temporary development moratoria of reasonable duration on any city development approval required by law. A development moratorium with a duration of 60 days or any shorter period may be adopted without the necessity of a public hearing and notice that would otherwise be required pursuant to G.S. 160A‑364. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium adopted without a hearing to a total duration of more than 60 days, is subject to the notice and hearing requirements of G.S. 160A‑364. Absent imminent threat to public health and safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 160A‑417 is outstanding, to development set forth in a site‑specific or phased development plan approved pursuant to G.S. 160A‑385.1, or to development for which substantial expenditures have already been made in good faith reliance on a prior valid zoning approval.
Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
(1)	A clear statement of the problems or conditions necessitating the moratorium.
(2)	A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
(3)	An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
(4)	A clear statement of the actions proposed to be taken by the city during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
(f)	A city may require that site‑specific development restrictions imposed by individual special or conditional use permits, variances, site‑specific or phased development plans, planned unit development approvals, special or conditional use districts, conditional rezonings, overlay districts, or otherwise be recorded in the chain of title of affected properties."
SECTION 10.  G.S. 160A‑382 reads as rewritten:
"§ 160A‑382.  Districts.
(a)	For any or all these purposes, the city may divide its territorial jurisdiction into districts of any number, shape, and area that may be deemed best suited to carry out the purposes of this Part; and within those districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. Such districts may include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one or more underlying general or special use districts; and special use districts or conditional use districts, in which uses are permitted only upon the issuance of a special use permit or a conditional use permit and conditional zoning districts, in which site plans and individualized development conditions are imposed.
(b)	Property may be placed in a special use district, conditional use district, or conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to these districts may be proposed by the petitioner, the city or its agencies, or any affected person, but only those conditions mutually approved by the city and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site‑specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to city ordinances and an officially adopted comprehensive or other  plan, and those that address the impacts reasonably expected to be generated by the development or use of the site.
A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a special or conditional use district or a conditional district. This statement may be prepared by the petitioner or by the city, and it shall be completed and available for public inspection at the time notice is provided for the public hearing on the proposed rezoning. This statement shall address the consistency of the proposed rezoning with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable, the compatibility of the proposed rezoning with the site and surrounding area, and the benefits and detriments of the proposed rezoning for the landowner, the immediate neighbors, and the surrounding community. The ordinance may require meetings to be held between the petitioner and neighboring property owners prior to the submittal of a petition for rezoning to a special or conditional use district or a conditional zoning district.
(c)	Except as authorized by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts."
SECTION 11.  G.S. 160A‑383 reads as rewritten:
"§ 160A‑383.  Purposes in view.
Zoning regulations shall be made in accordance with a comprehensive plan. Prior to adoption of any zoning provision that is not consistent with an adopted comprehensive plan or any other applicable plan that has been officially adopted by the city, the governing board shall adopt a statement describing the inconsistency and explaining why the board considers the action taken to be reasonable and in the public interest.
Zoning regulations shall be designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to manage the impacts of development and land uses on other properties and public interests; and to maintain and improve the quality of neighborhoods and communities. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city."
SECTION 12.  G.S. 153A‑340 reads as rewritten:
"§ 153A‑340.  Grant of power.
(a)	For the purpose of promoting health, safety, morals, or the general welfare, a county may adopt zoning and development regulation ordinances. These ordinances may be adopted as part of a unified development ordinance or as a separate ordinance. A zoning ordinance may regulate the type, form, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location, maintenance, and use of buildings, structures, and land for trade, industry, residence, or other purposes. The ordinance may provide density credits or severable development rights.
(b)	(1)	These regulations may affect property used for bona fide farm purposes only as provided in subdivision (3) of this subsection. This subsection does not limit regulation under this Part with respect to the use of farm property for nonfarm purposes.
(2)	Bona fide farm purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.
(3)	The definitions set out in G.S. 106‑802 apply to this subdivision. A county may adopt zoning regulations governing swine farms served by animal waste management systems having a design capacity of 600,000 pounds steady state live weight (SSLW) or greater provided that the zoning regulations may not have the effect of excluding swine farms served by an animal waste management system having a design capacity of 600,000 pounds SSLW or greater from the entire zoning jurisdiction.
(c)	The regulations may provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained, provided no change in permitted uses may be authorized by variance.
(c1)	The regulations may also provide that the board of adjustment, the planning board, or the board of commissioners may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits. Where appropriate, the conditions may include requirements that street and utility rights‑of‑way be dedicated to the public and that recreational space be provided. When deciding special use permits or conditional use permits, the board of county commissioners shall follow the procedures for boards of adjustment except that no vote greater than a majority vote shall be required for the board of county commissioners to issue such permits. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi‑judicial matter shall not be considered 'members of the board' for calculation of the requisite majority. Every such decision of the board of county commissioners shall be subject to review by the superior court in the same manner as is set forth in G.S. 160A‑393.
(d)	A county may regulate the development over estuarine waters and over lands covered by navigable waters owned by the State pursuant to G.S. 146‑12, within the bounds of that county.
(e)	For the purpose of this section, the term "structures" shall include floating homes.
	
(g)	A member of the board of county commissioners shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the board of county commissioners shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(h)	Counties may adopt temporary development moratoria of reasonable duration on any county development approval required by law. A development moratorium with a duration of 60 days or any shorter period may be adopted without the necessity of a public hearing and notice that would otherwise be required pursuant to G.S. 153A‑323. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium adopted without a hearing to a total duration of more than 60 days, is subject to the notice and hearing requirements of G.S. 153A‑323. Absent an imminent threat to public health and safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 153A‑357 is outstanding, to development set forth in a site‑specific or phased development plan approved pursuant to G.S. 153A‑344.1, or to development for which substantial expenditures have already been made in good faith reliance on a prior valid zoning approval.
Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
(1)	A clear statement of the problems or conditions necessitating the moratorium.
(2)	A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
(3)	An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
(4)	A clear statement of the actions proposed to be taken by the county during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
(i)	A county may require that site‑specific development restrictions imposed by individual special or conditional use permits, variances, site‑specific or phased development plans, planned unit development approvals, special or conditional use districts, conditional rezonings, overlay districts, or otherwise be recorded in the chain of title of affected properties."
SECTION 13.  G.S. 153A‑341 reads as rewritten:
"§ 153A‑341.  Purposes in view.
Zoning regulations shall be made in accordance with a comprehensive plan. Prior to adoption of any zoning provision that is not consistent with an adopted comprehensive plan or any other applicable plan that has been officially adopted by the county, the board of county commissioners shall adopt a statement describing the inconsistency and explaining why the board considers the action taken to be reasonable and in the public interest.
Zoning regulations shall be designed to promote the publichealth, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to manage the impacts of development and land uses on other properties and public interests; and to maintain and improve the quality of neighborhoods and communities. The regulations shall be made with reasonable consideration as to, among other things, the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the county. In addition, the regulations shall be made with reasonable consideration to expansion and development of any cities within the county, so as to provide for their orderly growth and development."
SECTION 14.  G.S. 153A‑342 reads as rewritten:
"§ 153A‑342.  Districts; zoning less than entire jurisdiction.
(a)	A county may divide its territorial jurisdiction into districts of any number, shape, and area that it may consider best suited to carry out the purposes of this Part. Within these districts a county may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Such districts may include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one or more underlying general or special use districts; special use districts or conditional use districts, in which uses are permitted only upon the issuance of a special use permit or a conditional use permit; and conditional zoning districts, in which site plans and individualized development conditions are imposed.
(b)	Property may be placed in a special use district, conditional use district, or conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to the districts may be proposed by the petitioner, the county or its agencies, or any affected person, but only those conditions mutually approved by the county and the petitioner may be incorporated into the zoning regulations or permit requirements.
A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a special or conditional use district or a conditional district. This statement may be prepared by the petitioner or by the county, and it shall be completed and available for public inspection at the time notice is provided for the public hearing on the proposed rezoning. This statement shall address the consistency of the proposed rezoning with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable, the compatibility of the proposed rezoning with the site and surrounding area, and the benefits and detriments of the proposed rezoning for the landowner, the immediate neighbors, and the surrounding community. The ordinance may require meetings to be held between the petitioner and neighboring property owners prior to the submittal of a petition for rezoning to a special or conditional use district or a conditional zoning district.
(c)	Except as authorized by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.
(d)	A county may determine that the public interest does not require that the entire territorial jurisdiction of the county be zoned and may designate one or more portions of that jurisdiction as a zoning area or areas. A zoning area must originally contain at least 640 acres and at least 10 separate tracts of land in separate ownership and may thereafter be expanded by the addition of any amount of territory. A zoning area may be regulated in the same manner as if the entire county were zoned, and the remainder of the county need not be regulated."
SECTION 15.  Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑343.1.  Changes.
(a)	Zoning ordinances may from time to time be amended, supplemented, changed, modified, or repealed. A county may elect to provide that when a qualified protest against a zoning map amendment is made, that amendment shall not become effective except by favorable vote of three‑fourths of the members of the board of county commissioners. For the purposes of this subsection, vacant positions on the board of county commissioners and members who are excused from voting shall not be considered 'members of the board' for calculation of the requisite supermajority.
(b)	If a county elects to provide for zoning protest petitions, the provisions and procedures for protest petitions set forth in G.S. 160A‑385 and G.S. 160A‑386 shall be applicable."

part iv. infrastructure agreements

SECTION 16.  Article 21 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑499.  Reimbursement agreements.
(a)	A city may enter into reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included on the city's Capital Improvement Plan and serves the developer or property owner. For the purpose of this act, municipal infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities.
(b)	A city shall enact ordinances setting forth procedures and terms under which such agreements may be approved.
(c)	A city may provide for such reimbursements to be paid from any lawful source.
(d)	No reimbursement pursuant to an agreement authorized by this act shall be deemed to be construction subject to Article 8 of Chapter 143 of the General Statutes or to be deemed to be a violation or evasion of any provision of said Article. Notwithstanding the foregoing provisions of this section, a construction contract subject to a reimbursement agreement authorized by this act shall not be awarded by a developer or property owner who is a party to such reimbursement agreement without complying with the requirements of G.S. 143‑129 and G.S. 143‑128(f) relating to public advertising and bid opening requirements which would be applicable if the construction contract had been awarded by the city."
SECTION 17.  Article 15 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑309.  Intersection and roadway improvements.
A city may contract with a private party for public intersection or roadway improvements that are adjacent or ancillary to a private land development project. Such a contract is not subject to Article 8 of Chapter 143 of the General Statutes if the public cost will not exceed one hundred seventy‑five thousand dollars ($175,000) and the city determines that: (i) the public cost will not exceed the estimated cost of providing for such public intersection or roadway improvements through either eligible force account qualified labor or through a public contract let pursuant to Article 8 of Chapter 143 of the General Statutes; or (ii) the coordination of separately constructed public intersection or roadway improvements and the adjacent or ancillary private land development improvements would be impracticable."
SECTION 18.  Article 16 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑320.  Public enterprise improvements.
(a)	Authorization. – A city may contract with a private party for public enterprise improvements that are adjacent or ancillary to a private land development project. Such a contract shall allow the city to reimburse the private party for costs associated with the design and construction of improvements that are in addition to those required by the city's land development regulations. Such a contract is not subject to Article 8 of Chapter 143 of the General Statutes if the public cost will not exceed one hundred seventy‑five thousand dollars ($175,000) and the city determines that: (i) the public cost will not exceed the estimated cost of providing for such improvements through either eligible force account qualified labor or through a public contract let pursuant to Article 8 of Chapter 143 of the General Statutes; or (ii) the coordination of separately constructed improvements would be impracticable.
(b)	Property Acquisition. – The improvements may be constructed on property owned or acquired by the private party or on property directly acquired by the city. The private party may assist the city in obtaining easements in favor of the city from private property owners on those properties that will be involved in or affected by the project. The contract between the city and the private party may be entered into before the acquisition of any real property necessary to the project."

part v. development agreements

SECTION 19.  Article 19 of Chapter 160A of the General Statutes is amended by adding a new Part to read:
"Part 3D. Development Agreements.
"§ 160A‑400.20.  Authorization for development agreements.
(a)	The General Assembly finds:
(1)	The lack of certainty in the approval of development can result in a waste of economic and land resources, can discourage sound capital improvement planning and financing, can cause the cost of housing and development to escalate, and can discourage commitment to comprehensive planning.
(2)	Developers should be assured that upon receipt of a development permit, they may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement. A development agreement should strengthen the public planning process, encourage sound capital improvement planning and financing, assist in assuring there are adequate capital facilities for the development, encourage private participation in comprehensive planning, reduce the economic costs of development, allow for the orderly planning of public facilities and services, and allow for the equitable allocation of the cost of public services.
(3)	Because the development approval process involves the expenditure of considerable sums of money, predictability encourages the maximum efficient utilization of resources at the least economic cost to the public.
(4)	Public benefits derived from development agreements may include, but are not limited to, affordable housing, design standards, and on‑ and off‑site infrastructure and other improvements. These public benefits may be negotiated in return for the vesting of development rights for a specific period.
(5)	Land planning and development involve review and action by multiple governmental agencies having jurisdiction over land development.
(6)	Development agreements will encourage the vesting of property rights by protecting such rights from the effect of subsequently enacted local government agencies which may conflict with any term or provision of the development agreement. Development agreements will provide a reasonable certainty as to the lawful requirements that must be met in protecting vested property rights, while maintaining the authority and duty of government to enforce laws and regulations which promote the public safety, health, and general welfare of the citizens of our State.
(b)	It is the intent of the General Assembly to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.
(c)	Local governments and agencies may enter into development agreements with developers, subject to the procedures and requirements of this Part.
(d)	This Part is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding building permits, site‑specific development plans, phased development plans, or other provisions of law.
"§ 160A‑400.21.  Definitions.
The following definitions apply in this Part:
(1)	Comprehensive plan. – The comprehensive plan, land‑use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, official map, and any other plans regarding land use and development that have been officially adopted by the governing board.
(2)	Developer. – A person, including a governmental agency or redevelopment authority, who intends to undertake any development and who has a legal or equitable interest in the property to be developed.
(3)	Development. – The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. 'Development', as designated in a law or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, 'development' refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.
(4)	Development permit. – A building permit, zoning permit, subdivision approval, special or conditional use permit, variance, or any other official action of local government having the effect of permitting the development of property.
(5)	Governing body. – The city council of a municipality or the board of county commissioners of a county.
(6)	Land development regulations. – Ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes zoning, subdivision, or any other land development ordinances.
(7)	Laws. – All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies, and rules adopted by a local government affecting the development of property, and includes laws governing permitted uses of the property, density, design, and improvements.
(8)	Property. – All real property subject to land-use regulation by a local government and includes any improvements or structures customarily regarded as a part of real property.
(9)	Local government. – Any municipality or county that exercises regulatory authority over and grants development permits for land development or which provides public facilities.
(10)	Local planning board. – Any planning board established pursuant to G.S. 160A‑361 or G.S. 153A‑321.
(11)	Person. – An individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, State agency, or any legal entity.
(12)	Public facilities. – Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
"§ 160A‑400.22.  Local governments authorized to enter into development agreements; approval of county  or municipal governing body required.
A local government may establish procedures and requirements, as provided in this Part, to consider and enter into development agreements with developers. A development agreement must be approved by the governing body of a county or municipality by written resolution.
"§ 160A‑400.23.  Developed property must contain certain number of acres; permissible durations of agreements.
A local government may enter into a development agreement with a developer for the development of property as provided in this Part, provided the property contains 25 acres or more of developable property (exclusive of wetlands, mandatory buffers, steep slopes, and other portions of the property precluded from development at the time of application). Development agreements shall be of a term specified in the agreement, provided they may not be for a term exceeding 10 years.
"§ 160A‑400.24.  Public hearing.
Before entering into a development agreement, a local government shall conduct a public hearing on the proposed agreement following the procedures set forth in G.S. 160A‑364 or G.S. 153A‑323 regarding zoning ordinance adoption or property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained. In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development (such as meeting defined completion percentages or other performance standards).
"§ 160A‑400.25.  What development agreement must provide; what it may provide; major modification requires public notice and hearing.
(a)	A development agreement shall at a minimum include all of the following:
(1)	A legal description of the property subject to the agreement and the names of its legal and equitable property owners.
(2)	The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period.
(3)	The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.
(4)	A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development.
(5)	A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.
(6)	A description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restriction.
(7)	A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations.
(8)	A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens.
(9)	A description, where appropriate, of any provisions for the preservation and restoration of historic structures.
(b)	A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five‑year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160A‑400.28 but must be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. The developer may request a modification in the dates as set forth in the agreement. Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement.
(c)	If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement.
(d)	The development agreement also may cover any other matter not inconsistent with this Part.
"§ 160A‑400.26.  Agreement and development must be consistent with local government comprehensive plan and land development regulations.
A development agreement and authorized development must be consistent with the local government's comprehensive plan and land development regulations.
"§ 160A‑400.27.  Law in effect at time of agreement governs development; exceptions.
(a)	Unless otherwise provided by the development agreement, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.
(b)	A local government may apply subsequently adopted laws to a development that is subject to a development agreement only for the grounds specified in G.S. 160A‑385.1(e).
(c)	This section does not abrogate any rights preserved by G.S. 160A‑385, 160A‑385.1, 153A‑344, and 153A‑344.1 or that may vest pursuant to common law or otherwise in the absence of a development agreement.
"§ 160A‑400.28.  Periodic review to assess compliance with agreement; material breach by developer; notice of breach; cure of breach or modification or termination of agreement.
(a)	Procedures established pursuant to G.S. 160A‑400.22 must include a provision for requiring periodic review by the zoning administrator or other appropriate officer of the local government at least every 12 months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement.
(b)	If, as a result of a periodic review, the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the local government shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(c)	If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 160A‑388(b) and G.S. 153A‑345(b).
"§ 160A‑400.29.  Amendment or cancellation of development agreement by mutual consent of parties or successors in interest.
A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
"§ 160A‑400.30.  Validity and duration of agreement entered into prior to change of jurisdiction; subsequent modification or suspension.
(a)	Except as otherwise provided by this Part, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement, or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction.
(b)	A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement, or the residents of the local government, or both, in a condition dangerous to their health or safety, or both.
"§ 160A‑400.31.  Developer to record agreement within 14 days; burdens and benefits inure to successors in interest.
Within 14 days after a local government enters into a development agreement, the developer shall record the agreement with the register of deeds in the county where the property is located. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
"§ 160A‑400.32.  Agreement to be modified or suspended to comply with later‑enacted State or federal laws or regulations.
In the event State or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement must be modified or suspended as may be necessary to comply with the State or federal laws or regulations.
"§ 160A‑400.33.  Rights, duties, and privileges of gas and electricity suppliers not affected.
The provisions of this act are not intended nor may they be construed in any way to alter or amend in any way the rights, duties, and privileges of suppliers of electricity or natural gas with reference to the provision of electricity or gas service, including, but not limited to, the generation, transmission, distribution, or provision of electricity at wholesale, retail, or in any other capacity.
"§ 160A‑400.34.  Applicability to local government of constitutional and statutory procedures for approval of debt.
In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government, with any applicable constitutional and statutory procedures for the approval of this debt.
"§ 160A‑400.35.  Agreement may not contravene or supersede building or housing code; compliance with code if subsequently enacted.
Notwithstanding any other provision of law, a development agreement adopted pursuant to this Chapter must comply with any building or housing codes subsequently adopted by the governing body of a municipality or county. A development agreement may not include provisions that supersede or contravene the requirements of any building or housing code adopted by the State or the governing body of a municipality or county."

Part vi. appeals

SECTION 20.  Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑393.  Appeals in the nature of certiorari.
(a)	Applicability. – This section applies to appeals to superior court by proceedings in the nature of certiorari authorized under the provisions of this Article.
(b)	Filing the Petition. – An appeal in the nature of certiorari shall be initiated by filing with the superior court a petition for Writ of Certiorari. The petition shall state the facts that demonstrate that the petitioner has standing to seek review and shall set forth the grounds upon which the petitioner contends that an error was made as well as the relief the petitioner seeks. The facts in support of allegations that the votes of one or more members of the decision‑making body were affected by impermissible bias or conflict of interest shall be set forth with particularity.
(c)	Standing. – 
(1)	A petition may be filed under this section only by a person who has standing to challenge the decision being appealed. A person has standing if a reasonable person in the position of the person seeking to challenge the decision could reasonably conclude that the use of the property authorized by the decision would be likely to adversely affect the interests of such person in some real, substantial, and concrete (i.e., not purely speculative, insignificant, or philosophical) way that is demonstrably different in nature or degree than the manner in which the decision affects members of the general public. Without limiting the generality of the foregoing, the following principles shall apply in determining whether a petitioner has standing.
(2)	If the decision being appealed involves a denial of a permit request, a denial of a variance, or a determination that property is being used in violation of an ordinance adopted under this Article, then any person with an ownership or leasehold interest in the property in question, as well as the applicant for the permit or the variance (if different than the owner), has standing to file a petition.
(3)	If the decision being appealed involves the issuance of a permit, the granting of a variance, or a determination that property is being used in conformity with an ordinance adopted under this Article, then the following persons shall have standing to file a petition, so long as they satisfy the general criteria set forth at the beginning of this subdivision:
a.	Any person who resides or owns property in such close proximity to the property that is the subject of the decision that the use of the property authorized by the decision would adversely affect such person's use or enjoyment of his or her residence or property or would adversely affect the value of such property.
b.	Any person whose economic interests are directly threatened by the use authorized by the decision.
c.	An incorporated property owners' association to which all owners of property in a designated area belong by virtue of their ownership of property in such area shall have standing to challenge the issuance of a permit, the granting of a variance, or a determination that property is being used in conformity with an ordinance adopted under this Part if any of the members of such incorporated property owners' association would have standing to challenge the decision as an individual.
For purposes of this subsection, the term "person" refers to any legal entity authorized to bring suit in his, her, or its own name, and the term "owner" refers to any person having an ownership interest in property.
(d)	Respondent. – The respondent named in the petition shall be the city whose council, board of adjustment, planning board, or other body made the decision that is being appealed. If the petitioner is not the applicant before the council, board of adjustment, or planning board whose decision is being appealed, the petitioner shall name such applicant as a respondent. Any petitioner may, but need not, also name as a respondent any person who participated in the hearing before the council, board of adjustment, or planning board.
(e)	Writ of Certiorari. – Upon filing the petition, the petitioner shall present the petition and a proposed Writ of Certiorari to the clerk of court of the county in which the matter arose. The writ shall direct the respondent city to prepare and certify to the court the record of proceedings below within a specified date. The writ shall also direct that the petitioner shall serve the petition and the writ upon each respondent named therein in the manner provided for service of a complaint under Rule 4j of the Rules of Civil Procedure. No summons shall be issued. The clerk shall issue the writ without notice to the respondent or respondents if the petition has been properly filed and the writ is in proper form. A copy of the executed writ shall be filed with the court.
(f)	Answer to the Petition. – The respondent may, but need not, file an answer to the petition, except that, if the respondent contends that any petitioner lacks standing to bring the appeal, such contention must be set forth in an answer served on all petitioners at least 30 days prior to the hearing on the petition.
(g)	Intervention. – Rule 24 of the Rules of Civil Procedure shall govern motions to intervene as a petitioner or respondent in an action initiated under this section, except that:
(1)	If the petitioner is not the applicant before the council, board of adjustment, or planning board whose decision is being appealed, and the petitioner fails to name such applicant as a respondent, then such applicant may intervene as a matter of right.
(2)	Except as otherwise stated in subdivision (1) of this subsection, an intervenor must demonstrate that a reasonable person in the position of the intervenor could reasonably believe that the outcome of the appeal could adversely affect the interests of such person in some real, substantial, and concrete (i.e., not purely speculative, insignificant, or philosophical) way that is demonstrably different in nature or degree than the manner in which the decision affects members of the general public.
(h)	The Record. – The record shall consist of all documents and exhibits submitted to the council, planning board, or board of adjustment whose decision is challenged, together with the minutes of the meeting or meetings at which the matter appealed was considered. Upon request of any party, the record shall also contain an audio or videotape of the meeting or meetings at which the matter appealed was considered if such a recording was made. Any party may also include in the record a transcript of such proceedings, which shall be prepared at the cost of the party choosing to include it. The parties may agree, or the court may direct, that matters unnecessary to the court's decision be deleted from the record or that matters other than those specified herein be included. The record shall be bound and paginated or otherwise organized for the convenience of the parties and the court. A copy of the record shall be served by the municipal respondent upon all petitioners within three days after it is filed with the court.
(i)	Hearing on the Record. – The court shall hear and decide all issues raised by the petition by reviewing the record submitted in accordance with subsection (h) of this section, except that the court may, in its discretion, allow the record to be supplemented with affidavits, testimony of witnesses, or documentary or other evidence if and to the extent that the record is not adequate to allow an appropriate determination of the following issues:
(1)	Whether a petitioner or intervenor has standing.
(2)	Whether, as a result of bias or conflict of interest, the decision‑making body was not sufficiently impartial to comply with due process principles.
(3)	Whether the decision‑making body erred for the reasons set forth in subsection (j) of this section.
(j)	Scope of Review. – When reviewing the decision of a city council, board of adjustment, or planning board under the provisions of this section, the trial court shall ensure that the rights of petitioners have not been prejudiced because the decision‑making body's findings, inferences, conclusions, or decisions were:
(1)	In violation of constitutional provisions, including, but not limited to, those protecting procedural due process rights.
(2)	In excess of the statutory authority conferred upon the municipality or the authority conferred upon the decision‑making body by ordinance.
(3)	Inconsistent with applicable procedures specified by statute or ordinance.
(4)	Affected by other error of law.
(5)	Unsupported by substantial competent evidence in view of the entire record.
(6)	Arbitrary or capricious.
(7)	When the issue before the trial court is whether the decision‑making body below erred in the interpretation of  an ordinance, the trial court may review that issue de novo and substitute its own judgment for that of the decision‑making body.
The term "competent evidence", as used in this subsection, shall not preclude reliance by the decision‑making body on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if (i) the evidence was admitted without objection, or (ii) the evidence appears to be sufficiently trustworthy and was admitted under such circumstances that were reasonable for the decision‑making body to rely upon it. Notwithstanding the foregoing, the term "competent evidence" shall not be deemed to include the opinion testimony of lay witnesses (i.e., persons not qualified by reason of specialized knowledge, skill, experience, training, or education to testify as an expert) as to matters about which only expert testimony would generally be admissible under the rules of evidence. By way of illustration without limitation, the term "competent evidence" shall not be deemed to include the opinion of lay witnesses as to whether (i) the use of property in a particular way would affect the value of other property, or (ii) the increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety.
(k)	Decision of the Trial Court. – Following its review of the decision-making body in accordance with subsection (j) of this section, the trial court may affirm the decision, reverse the decision and remand the case with appropriate instructions, or remand the case for further proceedings. If the court does not affirm the decision below in its entirety, then the court shall be guided by the following in determining what relief should be granted to the petitioners.
(1)	If the court concludes that the error committed by the decision‑making body is procedural only, the court may remand the case for further proceedings to correct the procedural error.
(2)	If the court concludes that the decision‑making body has erred by failing to make findings of fact such that the court cannot properly perform its function, then the court may remand the case with appropriate instructions so long as the record contains substantial competent evidence that could support the decision below with appropriate findings of fact. However, findings of fact are not necessary when the record sufficiently reveals the basis for the decision below or when the material facts are undisputed and the case presents only an issue of law.
(3)	If the court concludes that the decision below is not supported by substantial competent evidence in the record, or is based upon an error of law, then the court may remand the case with an order that directs the council, board of adjustment, or planning board to take whatever action should have been taken had the error not been committed or to take such other action as is necessary to correct the error. Without limiting the generality of the foregoing, (i) if the court concludes that a permit was wrongfully denied because the denial was not based on substantial competent evidence or was otherwise based on an error of law, the court shall remand with instructions that the permit be issued; and (ii) if the court concludes that a permit was wrongfully issued because the issuance was not based on substantial competent evidence or was otherwise based on an error of law, the court shall remand with instructions that the permit be revoked.
(l)	Ancillary Injunctive Relief. – Upon motion of a party to a proceeding under this section, and under appropriate circumstances, the trial court may issue an injunctive order requiring any other party to such proceeding to take certain action or refrain from taking action that is consistent with the court's decision on the merits of the appeal. By way of illustration without limitation, if the court affirms the decision of a board of adjustment that a petitioner is in violation of a zoning ordinance, the court may issue an order enjoining the petitioner from continuing the violation."
SECTION 21.  Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑349.  Appeals in the nature of certiorari.
Whenever appeals to superior court by proceedings in the nature of certiorari are authorized under the provisions of this Article, the provisions of G.S. 160A‑393 shall be applicable to such appeals. In this context, the term "city council", as used in G.S. 160A‑393, shall be deemed to refer to the "board of commissioners", and the term "municipality" shall be deemed to refer to the "county"."
SECTION 22.  Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑377.  Appeals of decisions on subdivision plats.
(a)	When a subdivision ordinance adopted under this Part provides that the decision whether to approve or deny a preliminary or final subdivision plat is to be made by a city council or a designated planning board, and the ordinance authorizes the council or planning board to make a quasi‑judicial determination in deciding whether to approve the subdivision plat, then the decision of the council or planning board shall be subject to review by the superior court by proceedings in the nature of certiorari. The provisions of G.S. 160A‑381(c) and G.S. 160A‑393 shall apply to such appeals.
(b)	When a subdivision ordinance adopted under this Part provides that a city council, designated planning board, or staff member is authorized to make only an administrative or ministerial determination in deciding whether to approve a preliminary or final subdivision plat, then any party aggrieved by such decision may seek to have the decision reviewed by filing an action in superior court seeking appropriate declaratory or equitable relief. Such an action must be filed within the time frame specified in G.S. 160A‑381(c) for petitions in the nature of certiorari.
(c)	For purposes of this section, an ordinance shall be deemed to authorize a quasi‑judicial determination on a preliminary or final plat application if the ordinance (i) authorizes the council or planning board to decide whether to approve or deny the plat based not only on whether the application complies with the specific requirements set forth in the ordinance, but also whether it complies with one or more generally stated standards requiring a discretionary determination to be made by the council or planning board; or (ii) authorizes the council or planning board to approve the subdivision plat subject to conditions that impose requirements or limitations on the subdivision beyond those set forth in the ordinance."
SECTION 23.  Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑336.  Appeals of decisions on subdivision plats.
(a)	When a subdivision ordinance adopted under this Part provides that the decision whether to approve or deny a preliminary or final subdivision plat is to be made by a board of commissioners or a designated planning board, and the ordinance authorizes the board of commissioners or planning board to make a quasi‑judicial determination in deciding whether to approve the subdivision plat, then the decision of the board of commissioners or planning board shall be subject to review by the superior court by proceedings in the nature of certiorari. The provisions of G.S. 153A‑340(f) and G.S. 153A‑349 shall apply to such appeals.
(b)	When a subdivision ordinance adopted under this Part provides that a board of commissioners, planning board, or staff member is authorized to make only an administrative or ministerial determination in deciding whether to approve a preliminary or final subdivision plat, then any party aggrieved by such decision may seek to have the decision reviewed by filing an action in superior court seeking appropriate declaratory or equitable relief. Such an action must be filed within the time frame specified in G.S. 153A‑340(f) for petitions in the nature of certiorari.
(c)	For purposes of this section, an ordinance shall be deemed to authorize a quasi‑judicial determination on a preliminary or final plat application if the ordinance (i) authorizes the board of commissioners or planning board to decide whether to approve or deny the plat based not only on whether the application complies with the specific requirements set forth in the ordinance, but also whether it complies with one or more generally stated standards requiring a discretionary determination to be made by the board of commissioners or planning board; or (ii) authorizes the board of commissioners or planning board to approve the subdivision plat subject to conditions that impose requirements or limitations on the subdivision beyond those set forth in the ordinance."

Part vii.  effective dates

SECTION 24.  Sections 1 to 19 of this act become effective October 1, 2005. Sections 20 to 23 of this act become effective January 1, 2006, and apply to actions filed on or after that date.