Legislation Sponsored by Paul Newton (2)

Date of Last Recorded Action: 10/17/2017

S 0641 CriticalUniform System Development Fees for Water Paul Newton
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill HB 624
In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)
S 0642 HighBurden of Proof - Planning and Zoning Paul Newton
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability Planning & Land Use
Changes certain aspects of appeals to a local board of adjustment when hearing appeals of decisions regarding historic certificates of appropriateness or when making other quasi-judicial decisions. In both of these cases, switches the burden of proof that the actual or proposed use of the property is consistent with a local ordinance from the petitioner to the local government. Then, sets a higher bar of clear and convincing evidence for the local government to rebut that presumption. Finally, requires the board of adjustment to hear these proceedings “de novo,” developing its own record of facts and evidence rather than relying on the record created for the decision being appealed. (version 1)
Green background on status indicates a bill has been acted on the last recorded legislative day.