W/D |
Committee on Public Institutions & Rural Affairs |
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W/D |
Committee
on Judiciary |
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X |
Committee on Natural Resources & Agriculture |
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Caucus and COW |
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As
Passed the House |
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HB 2076 expands the list of crimes for which a person, when convicted or adjudicated delinquent, shall submit a deoxyribonucleic acid (DNA) sample to include all felonies.
Current
law outlines a process to obtain a protected development right. A protected
development right is defined as the right to undertake and complete the
development and use of property under the terms of a protected development right plan without having to comply with
subsequent changes in zoning and development standards.
A protected development right plan is a
plan submitted to a city, town or county that if approved by the jurisdiction,
grants the landowner a protected
development right for a specified period of time. The plan must be submitted for site development approval, and if
a non-phased development, must provide the final site development approval
needed for issuance of a building permit.
Cities,
towns and counties that exercise the authority provided by current law
regarding protected development rights (PDR) are required to specify by ordinance
or resolution the types of plans that constitute protected development right
plans.
Plans are required to describe the characteristics of the proposed development. In cities and counties, the duration of a PDR is either three years (non-phased development) or five years (phased development). In addition, counties allow a ten year PDR for phased developments with a gross acreage of more than 640 acres. Extensions are permissible.
·
Defines
application to mean a substantially
complete application for approval of a development plan submitted to a city,
town or county and means the original application at the first stage in a
multiple stage process.
·
Amends
the definition of protected development
right plan to:
§
exclude
the requirement that the plan be identified as such at the time of approval.
§
add
planned community development, conditional and special use plans to the type of plans that may be submitted
for site development approval.
§
eliminate
the requirement for a non-phased development plan to provide the final site
development approval needed to issue a building permit.
§
provide
that a PDR does not require submittals necessary to receive a building permit.
·
Eliminates
the discretionary authority in current law that allows a city, town or county
to specify by ordinance or resolution which types of plans constitute PDR
plans.
·
Modifies
the information that must be contained in an application for a PDR plan to
exclude the location of the proposed buildings, structures, number of dwelling
units.
·
States
that an approved final subdivision plat shall be a PDR plan.
·
Current
law states that both the PDR plan designation and the duration of the PDR shall
be noted on the plan. HB 2076
eliminates the reference to the PDR plan designation notation and retains the
duration.
·
Changes
the duration of a PDR for phased developments, based on the size of the
development.
§
For
cities and towns, HB 2076 establishes a ten year duration for phased
development plans for property of more than 100 gross acres and retains the
five year duration for phased plans for property of 100 gross acres or less.
§
For
counties, the current duration for a PDR is ten years for phased developments
with a gross acreage of more than 640 acres.
HB 2076 allows a duration of a PDR of ten years for developments with a
gross acreage of more than 100 acres.
§
A
city, town or county may extend a PDR for phased plans with a gross acreage of
more than 100 acres for up to ten years.
The maximum number of years for phased plans is ten years for 100 acres
or less and 20 years for more than 100 acres.
·
States
that the current provision that allows a PDR to remain valid until the building
permit expires applies only to non-phased developments.
·
Protects
a PDR that may have accrued to any phased development by operation of law or
otherwise.
· Adds zoning to precluded enforcement actions which may be taken against property with a PDR.
· Provides that overlay zoning that imposes additional requirements must be consistent with the terms and conditions of a previously approved PDR plan.
· States that HB 2076 does not alter or diminish the authority of a city, town or county to assess development fees.
· Makes technical and conforming changes.
·
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45th Legislature
·
First Regular Session 2 March
6, 2001
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