GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1344
     

 
Short Title:	Developments of Regional Impact.	()	
Sponsors:	Representative Hackney.	
Referred to:	Environment and Natural Resources.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT regulating developments of regional impact.

The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 153A of the General Statutes is amended by adding a new Article to read:
"Article 19A.
"Developments of Regional Impact.
"§ 153A-399.  Statement of purpose.
The purpose of this Article is to ensure that, for developments of regional impact, regional and extrajurisdictional impacts and interest are identified and addressed by:
(1)	Providing an intergovernmental review procedure that allows State, regional, and local agencies whose plans, programs, and policies affect or are affected by developments to participate in decision making with regard to those developments.
(2)	Ensuring public participation in the process of reviewing development proposals.
(3)	Requiring agencies responsible for approving such developments to make a record of their decision based on an analysis of the regional or extrajurisdictional impacts or consequences.
(4)	Ensuring that developments with extrajurisdictional impacts be reviewed according to policies concerning urban sprawl; environmental quality; safety from impacts of natural hazards; balancing jobs and housing; housing affordability; and provision of infrastructure.
"§ 153A-399.1.  Definitions.
The following definitions shall apply in this Article:
(1)	Development.  Any building, construction, renovation, mining, extraction, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use; any activity that alters a shore, beach, seacoast, river, stream, lake, pond, canal, marsh, dune area, woodlands, wetland, endangered species habitat, aquifer, or other resource area, including coastal construction or other activity.
(2)	Development of regional impact (DRI). – Any development that, because of its character, magnitude, or location, would have substantial effect upon the health, safety, or welfare of more than one county or city.
(3)	Development permit. – Any building permit, zoning permit, plat approval, rezoning, certification, variance, or other action having the effect of allowing development as defined in this section.
(4)	Host local government. – The local government in which the land on which a proposed development of regional impact is located and that would have the authority to exercise final development approval if the proposed development were not a development of regional impact.
(5)	Interested agency or entity. – Any State, regional, or local government or agency whose jurisdiction lies entirely or partially within the geographic area encompassed by the proposed development of regional impact and whose programs and policies would be affected by the proposed development.
(6)	Primary reviewing agency. – The regional planning agency or host local government that has the authority under this Article to review a development of regional impact, hold public hearings on the proposed development, coordinate the involvement of other interested persons, agencies, or entities that are participants in the review, and issue a decision whether to approve, approve with conditions, or deny any application for a development of regional impact.
"§ 153A-399.2.  Standards and criteria applicable to DRIs.
In adopting standards and criteria under this Article, the host local government shall include the following factors in its consideration:
(1)	The impact of the proposed development on the environment and natural resources of the State or region, including, but not limited to, air, ground, surface water supply and quality, endangered or threatened species habitats, open space, agriculture, and aquaculture.
(2)	The impact of the proposed development on the built environment of the State or region, including, but not limited to, historical, cultural, architectural, archaeological, and recreational resources.
(3)	The impact of the proposed development on the existing capital facilities of affected local governments and special districts and the extent to which new capital facilities will be required to serve the proposed development.
(4)	The amount of vehicular and pedestrian traffic likely to be generated.
(5)	The number of persons likely to be residents, employees, or otherwise present on the site.
(6)	The size of the proposed development site.
(7)	The size of all structures to be constructed on the site.
(8)	The likelihood that the proposed development will stimulate additional development in the surrounding area.
(9)	The unique qualities of the site.
(10)	The likelihood that the proposed development will be affected by or will affect natural hazards.
(11)	The extent to which the proposed development would create an additional demand for energy.
(12)	Other factors of State, regional, or local concern.
"§ 153A-399.3.  Determination of DRI status.
Using the standards and criteria established by the host local government pursuant to G.S. 153A-399.2, the host local government shall determine whether a proposed development is a development of regional impact (DRI) and will be subject to DRI review.
"§ 153A-399.4.  Submittal of DRI application.
(a)	After the host local government has determined that a proposed development is a development of regional impact, the developer shall file an application with the host local government for development approval as a development of regional impact. The DRI application shall be in addition to any other applications for development approval required by the host local government's own land development regulations.
(b)	Upon receipt of an application for a proposed DRI, the local host government shall determine whether additional information is necessary to assess the impact of the proposed development and may request such information from the developer.
(c)	When a DRI application is filed with a host local government, the host local government shall also send copies of the application to other interested agencies or entities.
(d)	The host local government may request the assistance of the regional planning agency in its review of a DRI application.
(e)	A developer who is required to file for a permit under State environmental protection laws may elect to undergo a joint application and review procedure with the host local government and the State.
"§ 153A-399.5.  Review and recommendation of interested agencies and entities.
Any interested agency or entity may review the application for a proposed DRI using the same standards and criteria established in G.S. 153A-399.2 and may submit a written report to the primary reviewing agency containing its concerns and recommendations. Although this report shall be advisory only, it must be considered by the primary reviewing agency in its review of the DRI application and acknowledged in its final decision issued pursuant to G.S. 153A-399.7.
"§ 153A-399.6.  Notice and public hearings.
(a)	The primary reviewing agency shall hold a public hearing on the application for a DRI approval. The hearing shall be held at a public facility located within the boundaries of the host local government.
(b)	At least 20 days before the date of the public hearing, the [primary reviewing agency] shall provide written notice of the proposed DRI by publication in a newspaper that circulates in the area proposed for development to all interested agencies or entities, and to any interested person who, in writing, requests to be provided notice of proposed DRIs.
(c)	The notice of each public hearing shall:
(1)	Contain a description of the total area and boundaries of the proposed DRI and a general statement of foreseeable impacts on environmental or natural resources, historic and archaeological resources, and/or major public facilities or public investments.
(2)	Specify the officers or employees of the primary reviewing agency from whom additional information may be obtained and to whom written comments may be directed.
(3)	Specify a time and place where a copy of the DRI application may be inspected before the public hearing.
(4)	Specify the date, time, place, and method for presentation of views by interested persons at the public hearing.
(d)	The primary viewing agency shall afford any interested person, agency, or entity the opportunity to submit written recommendations and comments on the proposed DRI, copies of which shall be kept on file and made available for public inspection.
(e)	Public hearings shall be conducted in the following manner:
(1)	The hearings shall be chaired by the chief executive officer of the primary reviewing agency or his or her designated representative.
(2)	The hearing shall be on the record, and a transcribed record shall be kept of all comments made at the hearing. A transcribed copy of all comments shall be made available to all interested persons upon request and at actual cost.
(3)	The form of the hearing(s) may be set by the primary reviewing agency, except that representatives of all opinions regarding the DRI application shall be given an opportunity to make spoken comments.
(4)	Written comments on the DRI application shall also be received at the hearings and shall become part of the record.
(f)	To the extent that it is practicable to do so, the chief executive officer of the primary reviewing agency may attempt to reconcile persons, agencies, or entities with opposing viewpoints through informal conflict resolution procedures.
"§ 153A-399.7.  Review of DRI application.
(a)	The primary reviewing agency shall review proposed DRIs in accordance with the following criteria:
(1)	Whether the proposed DRI is consistent with this Article, regional comprehensive plan, plans of any interested agencies or entities, and comprehensive plan and land development regulations of the host local government.
(2)	Whether the proposed DRI will have a favorable or adverse impact on:
a.	The environmental, agricultural, historical, and/or cultural resources of the region and local government.
b.	Air quality, water quality, erosion, flooding, and safety issues related to natural hazards.
c.	The regional and local economy.
d.	Existing public facilities, including, but not limited to, roads, sewers, sewage treatment plants, stormwater management facilities, water supply and treatment plants, and educational facilities, as well as those facilities that are planned for construction in the succeeding five years.
e.	The ability of the people to find adequate housing that is reasonably accessible to places of employment.
f.	The supply and distribution of low- and moderate-income housing for the region and local government.
g.	Historical settlement patterns of the region and locality, including population, density, and development characteristics (e.g., urban, suburban, or rural).
h.	Any area of critical State concern.
(3)	Whether the natural environment, including the potential for natural hazards, would have an adverse effect on the proposed DRI.
(b)	The primary reviewing agency shall also review and consider any report submitted to it by any other interested person, agency, or entity that contains concerns and recommendations on the impacts of the proposed development and consider possible mitigation alternatives.
"§ 153A-399.8.  Issuance of decision.
(a)	Within 30 days after the public hearing, the primary reviewing agency shall render a written decision containing findings and approving, approving with conditions, or denying the development permit for the proposed DRI. Such 30-day period may be extended by mutual agreement of the primary reviewing agency and the developer.
(b)	In its decision to approve a development permit for a proposed DRI, the primary reviewing agency may specify conditions to be met by the developer for the purpose of minimizing any negative economic, social, and/or environmental impacts and may also require the developer to modify a project to specifically address the concerns and recommendations contained in reports received from other interested agencies and entities pursuant to G.S. 153A-399.5.
(c)	The decision of the primary reviewing agency shall also acknowledge any concerns and recommendations contained in reports received from any interested agency or entity that were not incorporated in the primary reviewing agency's final decision.
(d)	The primary reviewing agency shall not approve a DRI application that does not make adequate and timely provision for those public facilities needed to accommodate the impacts of the proposed development.
(e)	The primary reviewing agency shall file its written decisions with the clerk of the host local government or secretary of the regional planning agency and shall provide copies to the developer.
(f)	Within 14 days of rendering its decision, the primary reviewing agency shall publish a notice containing a summary of its decision in a newspaper that circulates in the area affected by the decision.
"§ 153A-399.9.  Amendments.
Any proposed change to a previously approved DRI that, in the opinion of the primary reviewing agency creates, or has a likelihood of creating, an additional regional impact or a type of regional impact not previously considered and reviewed by the primary reviewing agency shall constitute substantial deviation from the approved DRI and shall subject the development to repeat the entire DRI approval process.
"§ 153A-399.10.  Enforcement.
The primary reviewing agency may enforce any decision, condition, and/or restriction it may impose upon a DRI by recording a certificate of noncompliance with the register of deeds of the county or counties in which the development is located. The primary reviewing agency shall commence such other actions or proceedings as it may deem necessary to enforce its decisions, conditions, and/or restrictions.
"§ 153A-399.11.  Appeals.
Appeals of decisions by the primary reviewing agency to designate a proposed development as a DRI or to approve, reject, or approve with conditions a development that has been designated as a DRI shall proceed according to the provisions of Chapter 150B of the General Statutes."
SECTION 2.  This act is effective when it becomes law.