The purpose of this article is to implement the provisions of G.S. 160D-108 and 160D-108.1, pursuant to which a statutory zoning vested right is established upon the approval of a site-specific vesting plan.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approval authority means the board of commissioners, board of adjustment, or other board or official designated by ordinance or this article as being authorized to grant the specific zoning or land use permit or approval that constitutes a site-specific vesting plan.

Multi-phased development means a development containing 25 acres or more that is both of the following: (1) submitted for development permit approval to occur in more than one phase and (2) subject to a master development plan with committed elements showing the type and intensity of use of each phase.

Site-specific vesting plan means a plan of land development submitted to the town for purposes of obtaining one of the following zoning or land use permits or approvals:

(1)

Planned unit development (PUD);

(2)

Subdivision plat;

(3)

Special use permit;

(4)

Preliminary or general development plan.

Zoning vested right means a right pursuant to G.S. 160D-108 and 160D-108.1to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan.

(Code 1983, § 7-2-1; Res. of 6-12-2007(1); Res. No. 2016-11 , § 1, 8-9-2016; Res. No. 2020-19, 11-10-2020)

Cross reference— Definitions generally, § 1-2.

(a)

A zoning vested right shall be deemed established upon the valid approval or conditional approval by the board of commissioners, planning board or board of adjustment, as applicable, of a site-specific vesting plan, following notice and public hearing.

(b)

The approving authority may approve a site-specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare and that follow the requirements set forth in this chapter and chapter 50 of this Code.

(c)

Notwithstanding subsections (a) and (b) of this section, approval of a site-specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(d)

A site-specific vesting plan shall be deemed approved upon the effective date of the approval authority's action or the ordinance relating to the plan.

(e)

The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the town, including, but not limited to building, fire, plumbing, electrical, and mechanical codes. Construction shall comply with the building code in effect on the date of the first inspection and not the code in effect on the date the vested right is secured. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific vesting plan upon the expiration or termination of the vested right in accordance with this article.

(f)

A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a site-specific vesting plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

(a)

Except as otherwise provided in this section, an application for site-specific vesting plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.

(b)

In order to obtain a zoning vested right under this article, the applicant must set forth in writing at the time of the application that the applicant seeks a zoning vested right. All applications for zoning vested rights shall be considered by the board of commissioners, planning board or board of adjustment following a notice and public hearing as provided in G.S. 160D-601, irrespective of whether or not prior approval procedures required such notice and hearing.

(c)

In order for a zoning vested right to be established upon approval of a site-specific vesting plan, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(d)

Each map, plat, site plan or other document evidencing a site-specific vesting plan shall contain the following notation: "Approval of this plan established a zoning vested right under G.S. 160D-108 and 160D-108.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)."

(e)

Following approval or conditional approval of a site-specific vesting plan, nothing in this article shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(f)

Nothing in this article shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter. Any revocation of a development approval shall be in accordance with the same process that was followed for approval.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

(a)

A zoning right that has been vested as provided in this article shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to subsection (b) of this section. This vesting shall not be extended by any amendments or modification to a site-specific vesting plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

(b)

Notwithstanding the provisions of subsection (a) of this section, the approval authority may provide that rights shall be vested for a period exceeding two years, but not exceeding five years, where warranted in light of all relevant circumstances, including but not limited to the size of the development, the level of investment, the need for or desirability of the development, economic cycles and market conditions. These determinations shall be made in the sound discretion of the approval authority at the time the site-specific vesting plan is approved. A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this subsection remains 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.

(c)

Upon issuance of a building permit, the expiration provisions of G.S. 160D-1111 and the revocation provisions of G.S. 160D-1115 shall apply; except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

A zoning right that has been vested as provided in this article shall terminate:

(1)

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

(2)

With the written consent of the affected landowner;

(3)

Upon findings by the board of commissioners, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site-specific vesting plan;

(4)

Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including but not limited to all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the town, together with interest at the legal rate until paid, which compensation shall not include any diminuation in the value of the property which is caused by such action;

(5)

Upon findings by the board of commissioners, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site-specific vesting plan; or

(6)

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific vesting plan, in which case the approval authority may modify the affected provisions, by ordinance after notice and a hearing, upon a finding that the change in state or federal law has fundamental effect on the plan.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

A petition for annexation filed with the town under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. 160D-108 and 160D-108.1. A statement that declares that no zoning vested right has been established under G.S. 160D-108 and 160D-108.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner; and any such zoning vested right shall be terminated.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

Nothing in this article is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160D-108 and 160D-108.1.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.

(Res. No. 2020-19, 11-10-2020)