SB 445 NC

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Passed Legislature

ADOPTED NORTH CAROLINA GENERAL ASSEMBLY AMENDMENT Senate Bill 445

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AMENDMENT NO. __________ (to be filled in by Principal Clerk) Page 1 of 4

S445-ABR-77 [v.4] Amends Title [NO] Fourth Edition

Date

,2026

Representative Riddell 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

moves to amend the bill on page 5, line 32, through page 6, line 3, by deleting those lines; and on page 7, lines 12–18, by rewriting the lines to read: "(c) The State Board of Education and public school units shall allow students with parental consent as required by G.S. 115C-76.65(c) to complete any surveys included as part of the administration of the nationally norm-referenced college admissions test required by this section. Prior to the administration of the nationally norm-referenced college admissions test, public school units shall provide notice regarding the information collected in the surveys to parents of children in eleventh grade."; and on page 9, lines 45–46, by rewriting the lines to read: "years.Projects for a local school administrative unit for which a grant has not been awarded under this Article in the previous three years.""; page 10, line 1, through page 11, line 39 by rewriting the lines to read: "§ 160D-108.1. Vested rights – site-specific vesting plans. … (c) Approval and Amendment of Plans. – If a site-specific vesting plan is based on an approval required by a local development regulation, the local government shall provide whatever notice and hearing is required for that underlying approval. A duration of the underlying approval that is less than two five years does not affect the duration of the site-specific vesting plan established under this section. If the site-specific vesting plan is not based on such an approval, an approval required by a development regulation, a legislative hearing with notice as required by G.S. 160D-602 shall be held. A local government may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare. Conditional approval results in a vested right, although failure to abide by the terms and conditions of the approval will result in a forfeiture of vested rights. A local government shall not require a landowner to waive the landowner's vested rights as a condition of developmental approval. A site-specific vesting plan is deemed approved upon the effective date of the local government's decision approving the plan or another date determined by the governing board upon approval.

*S445-ABR-77-v-4*

NORTH CAROLINA GENERAL ASSEMBLY AMENDMENT Senate Bill 445

ADOPTED S445-ABR-77 [v.4] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43

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AMENDMENT NO. __________ (to be filled in by Principal Clerk) Page 2 of 4

An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the local government as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modifications may be approved by staff, if such the modifications are defined and authorized by local regulation. … (e) Duration and Termination of Vested Right. – (1) A vested right for a site-specific vesting plan remains vested for a period of two five years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the local government. (2) Notwithstanding the provisions of subdivision (1) of this subsection, a local government may provide for rights to be vested for a period exceeding two five years but not exceeding five eight years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are in the sound discretion of the local government and shall be made following the process specified for the particular form of a site-specific vesting plan involved in accordance with subsection (a) of this section. (3) Upon issuance of a building permit, the provisions of G.S. 160D-1111 and G.S. 160D-1115 apply, except that a permit does not expire and shall not be revoked because of the running of time while a vested right under this section is outstanding. (4) A right vested as provided in this section terminates at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed. (f) Subsequent Changes Prohibited; Exceptions. – (1) A vested right, once established as provided for in this section, precludes any zoning action development regulation by a local government which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan, except under one or more of the following conditions: a. With the written consent of the affected landowner. b. Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan. c. To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the local government, together with

NORTH CAROLINA GENERAL ASSEMBLY AMENDMENT Senate Bill 445

ADOPTED S445-ABR-77 [v.4] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

(2)

(3)

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AMENDMENT NO. __________ (to be filled in by Principal Clerk) Page 3 of 4

interest as provided under G.S. 160D-106. Compensation shall not include any diminution in the value of the property which is caused by the action. d. Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the local government of the site-specific vesting plan or the phased development plan. e. Upon the enactment or promulgation of aAs required by State or federal law or regulation that precludes development as contemplated in the site-specific vesting plan or the phased development plan, in which case the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing. f. Due to site conditions resulting from a natural disaster in an area with a declared disaster declaration pursuant to Chapter 166A of the General Statutes the local government determines that under current site conditions the site no longer meets applicable State or federal safety, environmental, or engineering standards, or that preclusion of the development regulation would present a material risk to life, health, or property. g. Upon adoption of a floodplain ordinance adopted by the local government for the purposes of compliance with the National Flood Insurance Program. The establishment of a vested right under this section does not preclude precludes the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new development regulations become effective with respect to property which is subject to a site-specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section. Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of a local government to adopt and enforce development regulations governing nonconforming situations or uses.nonconformities.

…."; and to amend the bill on page 14, lines 43–44, by rewriting the lines to read:

NORTH CAROLINA GENERAL ASSEMBLY AMENDMENT Senate Bill 445

ADOPTED S445-ABR-77 [v.4] 1 2 3 4 5 6 7 8

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AMENDMENT NO. __________ (to be filled in by Principal Clerk) Page 4 of 4

"regulation shall allow all of the following as a use by right on property undergoing redevelopment, except for properties that are on or adjacent to sites with known contamination that have not been remediated, in all areas zoned for nonagricultural commercial, business, or light industrial use:"; and on page 15, line 39, by rewriting the line to read: "(6) Set a maximum accessory dwelling unit size of less than 800 square feet or greater than 1000 square feet.".

SIGNED ______________________________________________ Amendment Sponsor SIGNED ______________________________________________ Committee Chair if Senate Committee Amendment ADOPTED ______________

FAILED ________________

TABLED _____________

The official copy of this document, with signatures and vote information, is available in the House Principal Clerk's Office