§ 162A-900 — Limitations on allocating service for residential development

North Carolina § 162A-900

• Jurisdiction: North Carolina
• Ch. 162A: Water and Sewer Systems
• Art. 11: Miscellaneous

Text

(a) For purposes of this section, "residential development" means new development of single-family or multifamily housing.
(b) A local government unit, as defined in G.S. 162A-201, shall not require an applicant for water or sewer service for residential development to agree to any condition not otherwise authorized by law, or to accept any offer by the applicant to consent to any condition not otherwise authorized by law. These conditions include, without limitation, any of the following:
(1) Payment of taxes, impact fees or other fees, or contributions to any fund.
(2) Adherence to any restrictions related to land development or land use, including those within the scope of G.S. 160D-702(c).
(3) Adherence to any restrictions related to building design elements within the scope of G.S. 160D-702(b).
(c) A local government unit, as defined in G.S. 162A-201, shall not implement a scoring or preference system to allocate water or sewer service among applicants for water or sewer service for residential development that does any of the following:
(1) Includes consideration of building design elements, as defined in G.S. 160D-702(b).
(2) Sets a minimum square footage of any structures subject to regulation under the North Carolina Residential Code.
(3) Requires a parking space to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap, parallel, or diagonal parking.
(4) Requires additional fire apparatus access roads into developments of one- or two-family dwellings that are not in compliance with the required number of fire apparatus access roads into developments of one- or two-family dwellings set forth in the Fire Code of the North Carolina Residential Code. (2024-45, s. 12(a); 2024-49, s. 4.49(a).)