GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 447

Short Title:        No Monetary Exaction for Development.		(Public)
Sponsors:	Senator Hoyle.
Referred to:	State and Local Government.

March 9, 2009

A BILL TO BE ENTITLED

AN ACT to clarify that a local government may not impose a tax, fee, or monetary contribution for development that is not specifically authorized by law.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A‑320 reads as rewritten:

"§ 153A‑320.  Territorial jurisdiction.jurisdiction; limitation of authority.

(a) Jurisdiction. – Each of the powers granted to counties by this Article, by Chapter 157A, andArticle and by Chapter 160A, Article 19 may be exercised throughout the county except as otherwise provided in G.S. 160A‑360.

(b) Limitation of Authority. – A county may not impose or exact a tax, fee, or monetary contribution for development or a development permit unless specifically authorized by law. The terms 'development' and 'development permit' have the same meanings as defined in G.S. 153A‑349.2."

SECTION 2.  G.S. 153A‑349.1(b) reads as rewritten:

"(b)      Local governments and agencies may enter into development agreements with developers, subject to the procedures and requirements of this Part. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or feeor exact a tax, fee, or monetary contribution not authorized by otherwise applicable law."

SECTION 3.  G.S. 160A‑360 reads as rewritten:

"§ 160A‑360.  Territorial jurisdiction.jurisdiction; limitation of authority.

…

(k) A city may not impose or exact a tax, fee, or monetary contribution for development or a development permit unless specifically authorized by law. The terms 'development' and 'development permit' have the same meanings as defined in G.S. 160A‑400.21."

SECTION 4.  G.S. 160A‑400.20(b) reads as rewritten:

"(b)      Local governments and agencies may enter into development agreements with developers, subject to the procedures and requirements of this Part. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or feeor exact a tax, fee, or monetary contribution not authorized by otherwise applicable law."

SECTION 5.  This act is effective when it becomes law, and Sections 2 and 4 of this act apply to development agreements entered into on or after that date.