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NC H332

Bill

Status

Passed

6/24/2011

Primary Sponsor

James Crawford

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Origin

House of Representatives

2011-2012 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

State and Local Government5/2/2011
Government3/14/2011

Full Bill Text

No bill text available