GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 710

Short Title:  Huntersville Development Rights.	(Local)

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Sponsors: Senator Odom.

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Referred to:  State and Local Government.

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April 1, 1999

A BILL TO BE ENTITLED
AN ACT AUTHORIZING THE TOWN OF HUNTERSVILLE TO ESTABLISH A VOLUNTARY TRANSFER OF DEVELOPMENT RIGHTS PILOT PROGRAM FOR THE PROTECTION OF FARMLAND, ENVIRONMENTALLY SENSITIVE LAND, AND OTHER OPEN LAND WITHIN THE TOWN'S EXTRATERRITORIAL JURISDICTION.
The General Assembly of North Carolina enacts:
Section 1.  In order to protect and sustain the natural resources of the community and provide for orderly planned growth, the Town of Huntersville may establish a voluntary transfer of development rights pilot program to facilitate the protection of farmland, environmentally sensitive land, and other open land in the municipality and its extraterritorial jurisdiction. The Town may adopt ordinances that it deems necessary or appropriate to implement the pilot program, and these ordinances may provide that the owner of property described herein may voluntarily transfer the development rights accruing to his or her property under Article 19 of Chapter 160A of the General Statutes from no more than 1,000 acres located in the open space zoning district to other qualified property located in the open space zoning district. Development rights shall be computed on a per acre basis.  The pilot program may authorize the Town to purchase, hold, and convey such rights or to facilitate the direct voluntary transfer of rights between properties.  The transfer of rights from or to property shall not be deemed a rezoning of the property requiring compliance with Article 19 of Chapter 160A of the General Statutes.
Section 2.  Prior to adopting the pilot program authorized under Section 1 of this act, the Mayor shall appoint an Implementation Task Force to advise the Mayor and Board of Commissioners on minimum standards for participation of transferring properties, criteria for establishing receiving zones responsive to market conditions, and administrative and other structural and operational issues of pilot program implementation.  The Implementation Task Force shall include, but not be limited to, property owners, development and building industry representatives, and representatives from the Huntersville Board of Commissioners.  The Town shall convene no fewer than four meetings of the Implementation Task Force during a period of not less than 90 days and not more than 120 days.  The Task Force shall report its recommendations to the Mayor, Board of Commissioners, Huntersville Planning Board, and to the community.
Section 3.  Upon receipt of the Implementation Task Force's report, but prior to the adoption of the pilot program, the Town shall sponsor a public workshop and the Town's governing body shall hold a public hearing. Notice of the public hearing shall be given in accordance with G.S. 160A-364 and given after the Town has complied with the requirements for the adoption of amendments to the Town's zoning ordinance.
Section 4.  Authorization to implement the pilot program under this act shall expire five years after the adoption of zoning ordinance amendments establishing districts to accommodate transferable development rights or after the transfer cap of 1,000 acres has been exhausted, whichever occurs first. Development rights transactions in process on the date the authorization expires may be completed.  
Section 5.  This act shall apply only to the Town of Huntersville.
Section 6.  This act is effective when it becomes law.