Location of Provisions in Ch. 160A and Ch. 153A in Proposed Ch. 160D

Transcription

1 Location of Provisions in Ch. 160A and Ch. 153A in Proposed Ch. 160D CHAPTER 160A ARTICLE 1 Definitions and Statutory Construction (most also retained in 160A/153A) CHAPTER 153A ARTICLE 1 PROPOSED CHAPTER 160D 160A-1. Application and meaning of terms. 153A A-2. Effect upon prior laws. 153A A-3. General laws supplementary to charters. 153A-3 1-2; A-4. Broad construction. 153A A-4.1. Notice of new fees and fee increases; public comment period. 160A-5. Statutory references deemed amended to conform to Chapter A ARTICLE 19 Planning and Regulation of Development Part 1. General Provisions ARTICLE A-360. Territorial jurisdiction. 153A ; 2-2; A Permit choice 1-8(b) 160A-361. Planning boards. 153A A-362. Extraterritorial representation. n/a A-363. Supplemental powers. 153A ; 1-3; 1-6; A-364. Procedure for adopting, amending, or repealing ordinances under Article. 153A A Statute of limitations. 153A A-365. Enforcement of ordinances. 153A ; 4-4(c) 160A-366. Validation of ordinance. n/a A-367 through 160A-370. Reserved 153A-327 to Part 2. Subdivision Regulations ARTICLE 8 160A-371. Subdivision regulation. 153A A-372. Contents and requirements of ordinance. 153A A-373. Ordinance to contain procedure for plat approval; approval prerequisite to plat recordation; statement by owner. 153A A-374. Effect of plat approval on dedications. 153A A-375. Penalties for transferring lots in unapproved subdivisions. 153A A-376. Definition. 153A

2 160A-377. Appeals of decisions on subdivision plats. 153A ; A-378 through 160A-380. Reserved 153A-337 to Part 3. Zoning ARTICLE 7 160A-381. Grant of power. 153A ; 1-9; 4-6; 7-2; 7-4; 7-5; 9-3; A-382. Districts. 153A ; 6-5(b); 7-3; A-383. Purposes in view. 153A (d); 6-5(a); A Zoning regulations for manufactured homes. 153A A Voluntary agricultural districts. --n/a A Reasonable accommodation of amateur radio antennas. 153A A Local energy efficiency incentives. n/a A Temporary health care facilities 153A A-384. Method of procedure. 153A A-385. Changes. n/a 1-2; 1-8(d); A Vested rights. 153A ; 1-8(d) 160A-386. Protest petition; form; requirements; time for filing. n/a A-387. Planning board; zoning plan; certification to city council. 160A-388. Board of adjustment. 153A A (d); 3-2; 4-3(b); 4-5; 4-6; 7-2; 7-5; A-389. Remedies. n/a 4-4(c) 160A-390. Conflict with other laws. 153A A-391. Other statutes not repealed. n/a n/a 160A-392. Part applicable to buildings constructed by State and its subdivisions; exception. 153A A-393. Appeals in the nature of certiorari. 153A ; A-394. Reserved n/a A-395 through 160A-399: Repealed n/a A through 160A-400: Repealed n/a -- Part 3C. Historic Districts and Landmarks 2 ARTICLE 9, PART 4 160A Legislative findings. n/a A Exercise of powers by counties as well as cities. n/a A Character of historic district defined. n/a A Designation of historic districts. n/a A Designation of landmarks; adoption of an ordinance; criteria for designation. n/a A Required landmark designation procedure. n/a 9-46

3 160A Historic Preservation Commission. n/a 3-3; A Powers of the Historic Preservation Commission. n/a A Certificate of appropriateness required. n/a 1-2; A Conflict with other laws. n/a A Remedies. n/a 4-4(c) 160A Appropriations. n/a A Certain changes not prohibited. n/a A Delay in demolition of landmarks and buildings within historic district. 160A Demolition by neglect to contributing structures outside local historic districts. n/a 9-49 n/a A through 160A Reserved n/a -- Part 3D. Development Agreements ARTICLE A Authorization for development agreements. 153A A Definitions. 153A ; A Local governments authorized to enter into development agreements; approval of governing board required. 160A Developed property must contain certain number of acres; permissible durations of agreements. 153A ; A A Public hearing. 153A ; A What development agreement must provide; what it may provide; major modification requires public notice and hearing. 160A Law in effect at time of agreement governs development; exceptions. 160A Periodic review to assess compliance with agreement; material breach by developer; notice of breach; cure of breach or modification or termination of agreement. 160A Amendment or cancellation of development agreement by mutual consent of parties or successors in interest. 160A Validity and duration of agreement entered into prior to change of jurisdiction; subsequent modification or suspension. 160A Developer to record agreement within 14 days; burdens and benefits inure to successors in interest. 160A Applicability to local government of constitutional and statutory procedures for approval of debt. 160A Relationship of agreement to building or housing code. 153A A A A A A A A (c) Part 3E. Wireless Telecommunication Facilities ARTICLE 9, PART 3 160A Purpose and compliance with federal law. 153A

4 160A Definitions. 153A A A. Local authority. 153A A Construction of new wireless support structures or substantial modifications of wireless support structures. 160A Collocation and eligible facilities requests of wireless support structures. 153A A A through 160A Reserved -- Part 4. Acquisition of Open Space ARTICLE 13, PART 1 160A-401. Legislative intent. n/a A-402. Finding of necessity. n/a A-403. Counties or cities authorized to acquire and reconvey real property. n/a A-404. Joint action by governing bodies. n/a A-405. Powers of governing bodies. n/a A-406. Appropriations authorized. n/a A-407. Definitions. n/a A-408 through 160A-410. Reserved n/a -- Part 5. Building Inspection ARTICLE 11 Building defined 153A Tribal lands 153A A-411. Inspection department. 153A (b); 4-4(c); A Qualifications of inspectors. 153A A-412. Duties and responsibilities. 153A (b); A-413. Joint inspection department; other arrangements. 153A (c); A-414. Financial support. 153A (d) 160A-415. Conflicts of interest. 153A (c); A-416. Failure to perform duties. 153A A-417. Permits. 153A ; A-418. Time limitations on validity of permits. 153A (c); A-419. Changes in work. 153A (d); A-420. Inspections of work in progress. 153A (e); A-421. Stop orders. 153A (b); A-422. Revocation of permits. 153A (f); A-423. Certificates of compliance. 153A (g); A-424. Periodic inspections. 153A , A-425. Defects in buildings to be corrected. 153A A-425.1: Repealed n/a -- 4

5 160A-426. Unsafe buildings condemned in localities. 153A A-427. Removing notice from condemned building. 153A A-428. Action in event of failure to take corrective action. 153A A-429. Order to take corrective action. 153A A-430. Appeal; finality of order if not appealed. 153A A-431. Failure to comply with order. 153A A-432. Enforcement. 153A A-433. Records and reports. 153A A-434. Appeals in general. 153A A-435. Establishment of fire limits. 153A A-436. Restrictions within primary fire limits. n/a A-437. Restriction within secondary fire limits. n/a A-438. Failure to establish primary fire limits. n/a A-439. Ordinance authorized as to repair, closing, and demolition of nonresidential buildings or structures; order of public officer. 153A A-440. Reserved n/a -- Part 6 Minimum Housing Standards ARTICLE A-441. Exercise of police power authorized. n/a A-442. Definitions. n/a 1-2; 11-1; A-443. Ordinance authorized as to repair, closing, and demolition; order of public officer. n/a A Heat source required. n/a A-444. Standards. n/a A-445. Service of complaints and orders. n/a A-446. Remedies. n/a 3-5; A-447. Compensation to owners of condemned property. n/a A-448. Additional powers of public officer. n/a A-449. Administration of ordinance. n/a A-450. Supplemental nature of Part. n/a Part 7. Community Appearance Commissions 160A-451. Membership and appointment of commission; joint commission. ARTICLE 9, PART 5 n/a A-452. Powers and duties of commission. n/a A-453. Staff services; advisory council. n/a A-454. Annual report. n/a

6 160A-455. Receipt and expenditure of funds. n/a 9-63 Part 8. Miscellaneous Powers 160A-456. Community development programs and activities. 153A A-457. Acquisition and disposition of property for redevelopment. 153A A Urban Development Action Grants. n/a A Urban homesteading programs. n/a A-458. Erosion and sedimentation control. n/a A Floodway regulations. n/a A Mountain ridge protection. 153A A Downtown development projects. n/a A Designation of transportation corridor official maps. n/a A Restriction of certain forestry activities prohibited. 153A A-459. Stormwater control. 153A A Program to finance energy improvements. 153A Low- and moderate-income housing programs 153A Others 160A Adult businesses n/a A-199. Outdoor advertising 153A A-201. Solar collectors 153A to -22. Family care homes. n/a 9-6 6