Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Council adopts UDO changes to reflect state law, including limits on CO withholding
Summary
The council approved text amendments to the Unified Development Ordinance implementing provisions tied to Senate Bill 166 and state Chapter 160D, including limits on withholding certificates of occupancy, curb-and-gutter/NCDOT standards alignment, and narrow sidewalk exemptions in the ETJ.
The Southern Pines Town Council voted May 13 to adopt proposed text amendments to the town’s Unified Development Ordinance that implement several changes required or allowed under the recent state legislative updates known as Senate Bill 166.
BJ Grieve of the town’s Planning Department summarized the five main UDO changes. Key elements adopted include expanded definitions and procedures for subdivision performance guarantees; language that prevents the town from withholding a certificate of occupancy (CO) to compel unrelated work on another parcel (consistent with state statute); alignment with NCDOT curb-and-gutter design standards for residential subdivisions; and a narrowly drawn exemption under which sidewalks on public streets in the extraterritorial jurisdiction (ETJ) need not be required for subdivisions of 20 lots or fewer unless the town agrees to take over maintenance or a pedestrian connection is provided.
Grieve said the changes are largely statutory codifications intended to make the town’s ordinance consistent with Chapter 160D and the session law referenced in the presentation. He noted some of the restrictions stem from instances where withholding a CO was used to compel completion of work elsewhere and said the state language aims to avoid that practice.
Following questions from council members and public comments about specific redline items, councilmember BJ Grieve moved to approve O A-01-25; the motion was seconded and passed by voice vote.
Grieve noted two additional technical amendments were included to clarify the town’s ability to accept a transfer of 570-exemption allocation credits and to make board-of-adjustment voting requirements consistent with state statute. The council voted to adopt the full package as presented.
The adoption updates the town’s development code to match state law changes and reduces the risk of inconsistent local practice in permitting and subdivision administration.
