If an application made in accordance with local regulations and submitted for development approval required and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application. If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, the map or ordinance prior to acting on the development permit. This provision shall apply to all development approvals issued by the City of Newton. The duration of vested rights created by development approvals are as set forth as hereinafter referenced.

(Ord. No. 2021-58, 6-15-2021)

A person claiming to be statutory or common law vested right may submit information to substantiate that claim to the planning director or other officer designated by a development regulation, who shall make an initial determination as to the existence of the vested right. The planning director or officer's determination may be appealed under G.S. 160D-4-5.

(Ord. No. 2021-58, 6-15-2021)

Except as provided by this section and subject to section 102-532 of this section, amendments in City of Newton regulations shall not be applicable or enforceable with regard to development that has been permitted or approved pursuant to this chapter so long as one of the approvals listed in this subsection remains valid and unexpired.

(Ord. No. 2021-58, 6-15-2021)

Pursuant to G.S. 160D-4-3(c) unless otherwise specified by local ordinance, all other local development approvals expire one year after issuance unless work has substantially commenced. Expiration of the development approval by the planning director does not affect the duration of a vested right established as a site-specific vested plan, a multi-phase development plan, a development agreement, or vested rights established under common law.

(Ord. No. 2021-58, 6-15-2021)

A vested right or site-specific vested plan shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vested plan unless expressly provided by the appropriate authority.

(Ord. No. 2021-58, 6-15-2021)

A multi-phased development shall be vested for the entire development with the zoning regulations, subdivision regulations and zoning ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phased development. This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. Pursuant to G.S. 160D-108(J)(4) a multi-phased development is a development containing 25 acres or more that a development permit has been submitted for approval to occur in more than one phase and is subject to a master development plan for committed elements showing the type and intensity of use of each phase.

(Ord. No. 2021-58, 6-15-2021)

Pursuant to G.S. 160D-11-9, a building permit expires six months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced.

(Ord. No. 2021-58, 6-15-2021)