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NC H332
Bill
Status
6/24/2011
Primary Sponsor
James Crawford
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AI Summary
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Prohibits counties and cities from imposing moratoria on development approvals for the purpose of developing and adopting new or revised development ordinances, except those related to residential uses.
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Requires any moratorium ordinance to include a clear statement of problems necessitating the moratorium, alternative courses of action considered, specific development approvals affected, an express termination date with justification, and proposed actions with a schedule to address the stated conditions.
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Exempts from moratoria any projects with valid building permits, accepted conditional/special use permit applications, approved site-specific or phased development plans, projects with substantial good-faith expenditures, and preliminary or final subdivision plats accepted for review prior to the moratorium hearing.
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Allows moratoria to be renewed or extended only if the local government completed all reasonable steps proposed in the original ordinance and new facts warrant extension; renewal ordinances must include the required findings with justification for the extension.
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Grants aggrieved persons the right to seek court injunctions against moratorium enforcement, with courts having jurisdiction and trial/appellate courts according priority; places burden on local government to prove procedural compliance.
Legislative Description
Clarify Development Moratoria Authority
Last Action
Ch. SL 2011-286
6/24/2011