1. Richard Ducker School of Government UNC – Chapel Hill
Tree Protection, Land Subdivision, and Development Agreements: 2005 Legislation
Richard Ducker
School of Government
UNC – Chapel Hill

2. Tree Protection/Forestry G.S. 160A-458.5(b)
No local regulation of forestry if
Forest land assessed at present –use value
Forestry conducted according to forestry management plan

3. Tree Protection/Forestry G.S. 160A-458.5(c )
Local regulations O.K. if:
Adopted under planning and land development power
Needed to comply with federal or state law
Applied to trees that affect city streets
Adopted under pre-existing local act

4. Tree Protection/Forestry G.S. 160A-458.5(c)(1)
LG may withhold development approval for 3 years if clearing results in removal of substantially all of protected trees

5. Subdivision Plat Review G.S. 160A-371, -373
Subdivision and other
land development authority may be merged into UDO
Different review procedures for different classes of subdivisions
Approval by technical review committee or staff person

6. Standards for Plat Approval G.S. 160A-371
Approval must be based on criteria
If standards discretionary, then criteria must provide adequate guiding standards

7. Appeals of Subdivision Plat Review Decisions
Administrative appeal within local government
Judicial review
Writ of mandamus
Compels plat approval if ministerial
Compels approval if unauthorized conditions added
Writ of certiorari
Appropriate if quasi-judicial process used involving
Public hearing
Discretionary standards

8. Subdivision Improvement Performance Guarantees G.S. 160A-331
Facilities must be tied to “plans”
Ordinance must provide a range of performance guarantee options
Developer elects what type of guarantee used

9. Definition of “Subdivision” G.S. 160A-376
Now reads: “divisions into two or more lots, building sites when any one or more of those divisions is created for sale or development”
No exemption for first lot out of a tract
Large Tract
Small Lot

10. Remedies for Subdivision Ordinance Violations G.S. 160A-375(a)
Local government may withhold building permit for lot in illegal subdivision
Court may order correction or abatement of violation

11. Pre-sale of Lots Allowed G.S. 160A-375(b) & (c)
Pre-sale of lots allowed after preliminary plat approval but before final approval
Consumer purchasers of presold lots (but not builders) entitled to copy of preliminary plat and various disclosures when contract executed

12. Infrastructure Reimbursement Agreements G.S. 160A-499 & -320
Model One:
Applies to range of facilities that are part of city’s capital improvement plan
Private contractor may have to use competitive bidding
Model Two
Applies to public enterprises
Public cost must be less than $250,000
Public cost must not exceed cost that would have been incurred if other construction procedures used

13. Infrastructure Reimbursement Agreements G.S. 160A-309
Model Three:
Authorizes street-related agreements inside city limits
Public cost less than $250,000
Public cost must not exceed cost that would have been incurred if other construction methods had been used

14. Development Agreements G.S. 160A-400.20 to -400.32

15. Development Agreements G.S. 160A-400.20 to -400.32
Agreement may not impose a tax or fee or involve regulatory authority not otherwise allowed. No municipal promises to:
Refrain from annexing
Open, close, or build streets
Refrain from rezoning
Agreement may not impose developer “exactions” and impact fees if not otherwise authorized by law
Ordinances in effect when agreement executed remain in effect for life of agreement
Agreement must provide a development schedule with commencement and completion dates for intervals no greater than five years
Agreements must be recorded and run with the land