The town manager, or his designee, shall administer and enforce this chapter and may be provided with the assistance of such other persons as the town council may direct. The town manager, or his designee, shall have all necessary authority to administer and enforce this zoning chapter, including the ordering, in writing, of the remedying of any condition found in violation of this chapter, and the bringing of legal action to ensure compliance with this chapter, including injunction, abatement, or other appropriate action or proceeding.

(Code 1988, § 11-10.01; Ord. No. 2011-01-01, art. VIII, pt. VIII, 1-4-2011)

(a)

The following provisions pertaining to time limitations to obtain building and zoning permits, and to commence and continue construction, shall apply in all cases in which site plan approval is required, unless otherwise provided for in section 36-304.

(1)

Building and zoning permits required. No building or other structure shall be erected, moved, added to, or structurally altered, without a permit issued by the building inspector and zoning administrator. No building or zoning permit shall be issued except in conformity with the provisions of this article. A zoning permit, if required, shall be issued by the zoning administrator prior to the issuance of a building permit. A fee for building permits and zoning permits is required which shall be in accordance with a regularly adopted fee schedule of the town.

(2)

Time limitation to obtain building permit and zoning permit. Upon final approval of a site plan, if required by the town council, the building inspector and zoning administrator may issue a building permit and zoning permit within one year from the date of such approval, provided that all other requirements are met. If a building permit and zoning permit are not issued within one year from the date of final approval of the site plan, the site plan expires and the applicant must submit a new site plan, conforming to the then current provisions of the zoning chapter and all other applicable ordinances, for review by the planning board and town council and pay the applicable fees.

(3)

Time limitation to commence and continue construction. If the start of construction has not commenced within 180 days from the date of issuance of a building permit, the building permit shall expire. If, after commencement, work is discontinued for a period of one year, the building permit, zoning permit, and site plan shall immediately expire. No work authorized by any permit or site plan that has expired shall be performed until a new site plan has been approved and a new building permit and zoning permit have been issued and all applicable fees paid.

(4)

Permit choice. If an application made in accordance with approved regulation is submitted for a development approval required pursuant to this chapter 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, map, or ordinance prior to acting on the development permit. This section applies to all development approvals issued by the town.

(Code 1988, § 11-10.02; Ord. No. 2011-01-01, art. VIII, pt. IX, 1-4-2011; Ord. No. 2024-03-01, art. III, pt. V, 3-12-2024)

The building inspector shall not approve a building permit for any building for which county department of environmental health approval is required, until such approval has been given by the department of environmental health.

(Code 1988, § 11-10.03)

(a)

Single-family detached and duplex residences.

(1)

Applications for building permits and zoning permits shall be accompanied by duplicate site and/or building plans as required by the planning and code enforcement department to accurately describe the work proposed drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The site plan shall also include the present owner's name; present and proposed lot coverage in square feet and as a percentage; the lot, block and section number of the parcel, flood zone per FEMA; required open yard zoning setback lines, and; applicable coastal development area of environmental concern (AEC) regulatory features and lines. Site plans and surveys shall bear the seal of a state licensed professional surveyor, engineer, architect or other person duly authorized by the state to prepare such plans. The application shall include such other information as lawfully may be required by the building inspector, zoning administrator, and other code enforcement staff, including existing or proposed building or alteration; existing or proposed uses of the building and land; and the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot and on nearby lots; elevations of finished floors; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this section. Applications for principal dwellings or accessory garages with associated driveways shall show the driveway as it extends from the front property line through the public or private right-of-way to the edge of the improved roadway.

(2)

One copy of the plans shall be returned to the applicant by the building inspector and zoning administrator, after they shall have marked such copy "Reviewed for Code Compliance." A copy of the plans, similarly marked, shall be retained by the planning and code enforcement department.

(3)

Permits issued pursuant to state requirements for work limited in scope to electrical, plumbing, gas, mechanical or fire protection shall not require the submission of site plans for activity within or attached to an existing structure. The construction of a pool, concrete driveway or bulkhead requires issuance of a building permit.

(b)

All uses other than one- and two-family dwelling units.

(1)

Site plans must be reviewed by the planning board and approved by the town council before a building permit and zoning permit for construction may be issued.

(2)

Site plan requirements. Twelve copies of the site plan shall be submitted no later than 30 days prior to the planning board meeting at which the plan is to be reviewed. All plans shall be prepared, stamped and endorsed by a state registered engineer, surveyor or architect, or other person duly authorized by the state to prepare such plans. All plans shall contain at least the following information:

a.

Property and ownership information.

1.

Present recorded owner and the map book reference of the site property.

2.

Owners, lot numbers or map book and page reference of all adjacent properties.

3.

Boundary of the entire lot by course and distance.

4.

Width of the existing rights-of-way.

5.

Nature or purpose, location and size of existing easements.

6.

Iron pins three-eighths of one inch in diameter and 36 inches in length, or concrete monuments shall be shown and installed at all lot corners, points of tangents, and any angle point along a given course of the lot.

7.

Plan drawn to at least one inch: 100-foot scale showing north arrow.

8.

Zoning district of the site and all adjacent properties.

9.

Lot area by upland; by swamp, marsh and wetland; and the total area.

b.

Existing features information.

1.

Streets showing the type and width of pavement, curbs and sidewalks.

2.

Topographic features of the lot and existing grades for the lot, streets, storm drainage, etc.

3.

All underground utilities and facilities.

4.

All existing buildings and structures.

5.

Wetlands as certified by the U.S. Army Corps of Engineers or their authorized agent.

6.

Flood zone, base flood elevation, and map reference, as determined by the latest FEMA flood insurance rate map, with the notation "flood zones subject to change by FEMA."

c.

Site improvements, show all proposed site improvements including, but not limited to:

1.

Proposed to scale architectural elevations of the front, sides, rear and rooflines of proposed structures shown on the site plan.

2.

Proposed building type and material (i.e., steel, brick, concrete or wood frame), number of floors and dimensions.

3.

Proposed lowest floor elevation.

4.

Location and type of all sidewalks and curbs with the site.

5.

Proposed method for treating wastewater, location of all wastewater collection and treatment facilities (including any applicable property to be reserved for possible future wastewater use), name of any regulatory agency that must approve wastewater system, name of and written approval for connection from any organization that will collect or dispose of wastewater.

6.

Layout and number of parking stalls, driveway connections, and internal traffic plans.

7.

Finished grades.

8.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre.

9.

Rights-of-way improvements in accordance with the policy of the town council.

10.

Storm drainage in accordance with the policy of the town council.

11.

A tabulation of lot coverage by type of cover and overall project coverage and percent coverage.

12.

Limits of land disturbing activity and the calculated area of land disturbance.

13.

Proposed use under this chapter, pertaining to zoning.

14.

Parking requirements and spaces provided.

15.

Proposed signage and calculations.

16.

Proposed water supply.

17.

Proposed outdoor lighting.

18.

Required and provided buffers, and proposed landscaping.

19.

Location of solid waste container, plus location of separate recycling container.

20.

A rendering showing the proposed front, sides, and rear appearances of the structures relative to views from adjacent properties, including retained vegetation, proposed landscaping and other site elements.

21.

Proposed number of bedrooms and/or occupants.

22.

Commercial design elements pursuant to section 36-179, if applicable.

d.

All items on the site plan and all pertinent provisions of this chapter, pertaining to zoning, shall be addressed by the applicant before the site plan is presented for review by the planning board.

e.

Dimensional requirements and development standards shall be in accordance with the district in which the development is to be located.

(3)

Water and wastewater treatment and disposal.

a.

No proposed site plan shall be accepted by the town, as part of an application for approval or conditional approval by the planning board, without written tentative approval of the proposed sewage treatment and disposal facilities by the department of environmental health or the state department having jurisdiction.

1.

For improvements that require a new wastewater treatment facility, or connection to an existing wastewater treatment facility, documentation from the North Carolina Utilities Commission certifying that the owner of the wastewater treatment facility is an approved public utility; is the utility franchise holder; and is the permit holder issued by the North Carolina Department of Environmental Quality. All documentation of these requirements shall be submitted with the site plan application.

2.

For improvements that require connection to an existing wastewater treatment facility, documentation from the North Carolina Department of Environmental Quality certifying that the wastewater treatment facility is in compliance with all applicable requirements must be submitted with the site plan application, including adherence to permit conditions issued by the North Carolina Department of Environmental Quality.

b.

No proposed site plan shall be accepted by the town, as part of an application for approval or conditional approval by the planning board, without written tentative approval of the proposed water distribution facilities by the water department or the state department having jurisdiction.

(4)

The planning board may recommend approval, conditional approval or rejection of any proposed site plan. Upon completion of review, the planning board will transmit their recommendations to the town council. The town council may approve, approve with specific requirements or disapprove any site plan. A rejected site plan may be resubmitted, in accordance with this section, when redrafted to meet the specifications of this article and upon payment of a plan review fee.

(5)

Site plan amendments.

a.

Following town council's final site plan approval, minor changes or amendments to the approved site plan may be approved by the zoning administrator upon written application if the site plan as amended will otherwise meet the requirements for approval. All other changes or amendments to an approved site plan must be approved by the town council after review by the planning board in the same manner required for the initial review of a site plan.

b.

Changes or amendments to an approved site plan may be considered minor if, in the discretion of the zoning administrator, they have no substantial impact on neighboring properties or the general public and do not prevent the spirit and intent of a condition of the prior approval or the requirements of the zoning ordinance from being met. If, in the zoning administrator's sole discretion, the zoning administrator cannot clearly determine whether a change or amendment qualifies as minor or upon the written request of the applicant, the changes or amendments to a site plan shall be considered by the town council after review by the planning board in the same manner required for the initial review of a site plan.

(6)

Prior to issuance of a building permit and zoning permit, evidence shall be presented to the town showing satisfaction of all appropriate state and federal permits, including, but not limited to:

a.

U.S. Army Corps of Engineers wetlands permit.

b.

NCDOT driveway permit and/or encroachment application for work in a state right-of-way.

c.

State soil erosion and sedimentation control plan approval.

d.

State stormwater plan approval.

e.

State or town CAMA permit.

f.

Receipts for payment of water connection fee, county regional water system.

g.

Septic tank or other wastewater treatment approval by the department of environmental health or other appropriate permitting agencies.

(7)

Inspections of sites involving public rights-of-way and inspections of any on-site construction shall be made by the town.

(Code 1988, § 11-10.04; Ord. No. 04-03-01, art. II, § 1, 6-1-2004; Ord. No. 2006-07-04, art. III, 9-5-2006; Ord. No. 2006-09-02, art. VI, 11-28-2006; Ord. No. 2011-01-01, art. VIII, pt. X, 1-4-2011; Ord. No. 2012-01-01, art. III, pt. I, 1-3-2012; Ord. No. 2024-03-01, art. III, pt. VI, 3-12-2024; Ord. No. 2024-07-01, art. III, pt. IV, 5-20-2024)

The town council may approve permits for special uses in the zoning districts where such special uses are specified by this article. Applications for permits under article IX of this chapter, pertaining to planned unit development, shall also be processed under the procedures of this article. The town council may impose such reasonable and appropriate conditions and safeguards upon these special use permits as to ensure that the spirit and intent of this article is preserved.

(1)

Written application for a special use permit shall be submitted to the planning and code enforcement department no later than 30 days prior to the planning board meeting at which the plan is to be reviewed. Such written application shall indicate the section of this article under which a permit is being sought, and shall contain the information required by the appropriate section and such other information as may be required, to ensure compliance with this article. No application shall be deemed complete unless it is accompanied by a site plan drawn to scale which complies with the site plan requirements contained in section 36-299.

(2)

The written application shall include a list of the names and addresses of all abutting property owners and the owners of property immediately across the street from the property affected by the special use application. The list shall be supplied by the applicant and shall be current according to the most recent tax listing abstract as filed in the office of the county tax supervisor.

(3)

The town planning board shall provide a preliminary review for a special use permit application. The board shall submit the findings of the review to town staff.

(4)

The town council shall hold an evidentiary hearing and town staff shall give written notice, including the date and time of the evidentiary hearing at which the application will be considered, to the owners as contained in said listing. Written notice shall also be given to the person or entity whose application is the subject of the hearing and to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing. Notice shall be sent by certified mail to the last address of such owners as appears on the list supplied by the applicant and subsequently verified by town staff. Notice shall be given at least ten days in advance of such evidentiary hearing by a legal advertisement placed in a newspaper having general circulation in the county. Notice of these hearings shall be posted on the property concerned for at least ten days prior to the evidentiary hearing.

(5)

In instances where a property owner seeks to obtain a vested right, pursuant to section 36-304, a public hearing shall be held by the town council. Town staff shall give written notice by certified mail including the date and time of the public hearing to the owner of the property or his agent for which the vested right is sought. Notice shall be given at least ten days in advance of such public hearing by a legal advertisement placed in a newspaper having general circulation in the county. Notice of these hearings shall be posted on the property concerned for at least ten days prior to the public hearing.

(6)

Any party may appear in person, or by agent or attorney.

(7)

The zoning administrator shall transmit to the town council all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the town council prior to the hearing if at the same time they are distributed to the town council a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials may be provided in written or electronic form. The administrative materials shall become a part of the hearing record. Objections to inclusion or exclusion of administrative materials to the hearing record may be made before or during the hearing. Rulings on unresolved objections shall be made by the town council at the hearing.

(8)

The applicant, the town, and any person who would have standing under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the town council. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the town council. The mayor shall rule on any objections, and the mayor's rulings may be appealed to the full town council. These rulings are also subject to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for the first time on judicial review.

(9)

The mayor or any member acting as mayor and the town clerk are authorized to administer oaths to witnesses in any matter coming before the town council. Any person who, while under oath during a proceeding before the town council determining a quasi-judicial matter, willfully swears falsely is guilty of a class 1 misdemeanor.

(10)

The town council through the mayor, or in the mayor's absence anyone acting as mayor, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons with standing under G.S. 160D-1402(c) may make a written request to the mayor explaining why it is necessary for certain witnesses or evidence to be compelled. The mayor shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The mayor shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the mayor may be appealed to the full town council. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the town council or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.

(11)

The town council may grant a continuance to any party or upon the town council's own motion. Requests for continuances should be made in writing, but may be made orally at a meeting of the town council. The mayor may grant a continuance request prior to a meeting if the applicant makes a written request. The mayor may always defer ruling on such a request to allow for the decision to be made by the full town council.

a.

If notices of hearing have already been issued, the party granted a continuance is responsible for the administrative costs of noticing an additional hearing if such costs are incurred.

(12)

In granting any special use permit, the town council may prescribe appropriate conditions and safeguards to ensure the use is in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this article and punishable under article XI of this chapter. Conditions and safeguards imposed under this subsection shall not include requirements for which the town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the town, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.

(13)

Before they may grant any special use permit or vested right, the town council shall make affirmative findings that the applicant has shown:

a.

The applicant has met the requirements of the applicable provisions of the town chapter pertaining to zoning, subdivision chapter, and all other applicable ordinances.

b.

That the use as proposed will conform with the town's comprehensive land use plan, and will be compatible with the area in which it is to be located, if developed in accordance with the conditions specified in the chapter and additionally required by the town council as authorized by the chapter.

c.

That the use will not materially endanger the public health and safety if located where proposed and developed according to the plan submitted.

d.

That the use as proposed will not overburden the town fire department fire-fighting capabilities and the county water supply capacity to the town, as said facilities and capabilities will exist on the completion date of the special use for which the application is made.

e.

That the use will not substantially injure the value of adjoining property, unless the use is a public necessity.

(14)

The town council shall determine contested facts and make its decision within a reasonable time. The decision shall be based upon competent, material, and substantial evidence in the record. The decision shall be reduced to writing and reflect the town council's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the mayor or other duly authorized member of the council. The decision is effective upon filing the written decision with the town clerk. The decision of the town council shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.

(15)

Special use permits issued pursuant to this section shall be recorded by the applicant in the county registry.

(16)

Upon final approval of a special use permit application and accompanying site plan by the town council, the building inspector and zoning administrator, upon application for a building permit and zoning permit, shall issue a building permit and zoning permit within one year from the date of such approval, provided that all other requirements are met. If a building permit and zoning permit are not applied for and issued within one year from the date of final approval of the special use permit application and accompanying site plan, the special use permit approval and site plan expire and the applicant must submit a new special use permit application and accompanying site plan, conforming to the then current provisions of the zoning chapter and all other applicable ordinances, for review by the planning board and town council and pay the applicable fees. If any of the conditions of approval or any part of them should be held invalid or void, the entire permit shall be void immediately.

(Code 1988, § 11-10.05; Ord. No. 04-03-01, art. II, § 2, 6-1-2004; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2024-03-01, art. III, pt. VII, 3-12-2024; Ord. No. 2025-06-02, art. III, pt. XI, 4-1-2025)

No land shall be used or occupied and no building hereafter structurally altered, erected or moved shall be used or its use changed until a certificate of compliance shall have been issued by the building inspector stating that the building and/or the proposed use thereof complies with the provisions of this article. A like certificate shall be issued for the purpose or renewing, changing or extending a nonconforming use. A record of all certificates shall be kept on file in the office of the building inspector.

(Code 1988, § 11-10.06)

If the building inspector or zoning administrator shall find that any of the provisions of this article are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or take any other action authorized by this article to ensure compliance with or to prevent violations of its provisions.

(Code 1988, § 11-10.07; Ord. No. 2011-01-01, art. VIII, pt. XI, 1-4-2011)

All site plans, development plans, plats or other plans required to be presented by this article for approval by the town shall be accompanied by a filing fee. This filing fee shall be payable to the town and shall be due and payable upon submission of the site plan, plan or plat, with the exception of SPD-C plans which shall be paid upon the submission of the individual development site plans within the SPD-C district. The fee required by this section shall be the amount specified in the regularly adopted fee schedule for the town.

(Code 1988, § 11-10.08)

(a)

Site-specific vesting plan. A site-specific vesting plan consists of a plan submitted to the town in which the applicant requests vesting pursuant to this section, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals: a planned unit development plan, a subdivision plat, or a special use permit. Unless otherwise expressly provided by the town, the plan shall at a minimum meet the requirements of a site plan set forth in section 36-299.

(b)

Establishment of vested right. A vested right is established with respect to any property upon the valid approval, or conditional approval, of a site-specific vesting plan as provided in this section. Such a vested right confers upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any amendments thereto.

(c)

Approval and amendment of plans. If a site-specific vesting plan is based on an approval required by a local development regulation, the town shall provide whatever notice and hearing is required for that underlying approval. A duration of the underlying approval that is less than two years does not affect the duration of the site-specific vesting plan established under this section. If the site-specific vesting plan is not based on such an approval, a legislative hearing with notice as required by G.S. 160D-602 shall be held. The town may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare. Conditional approval results in a vested right, although failure to abide by the terms and conditions of the approval will result in a forfeiture of vested rights. The town shall not require a landowner to waive the landowner's vested rights as a condition of developmental approval. A site-specific vesting plan is deemed approved upon the effective date of the town's decision approving the plan or another date determined by the town council upon approval. An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the town as follows: any substantial modification must be reviewed and approved in the same manner as the original approval; minor modifications may be approved by staff, if such are defined and authorized by local regulation.

(d)

Continuing review. Following approval or conditional approval of a site-specific vesting plan, the town may make subsequent reviews and require subsequent approvals by the town to ensure compliance with the terms and conditions of the original approval, provided that these reviews and approvals are not inconsistent with the original approval. The town may, pursuant to G.S. 160D-403(f), revoke the original approval for failure to comply with applicable terms and conditions of the original approval or the applicable local development regulations.

(e)

Duration and termination of vested right.

(1)

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

(2)

Notwithstanding the provisions of subdivision (1) of this subsection, the town may provide for rights to 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 and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations. These determinations are in the sound discretion of the town and shall be made following the process specified for the particular form of a site-specific vesting plan involved in accordance with subsection (a) of this section.

(3)

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

(4)

A right vested as provided in this section terminates at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

(f)

Subsequent changes prohibited; exceptions.

(1)

A vested right, once established as provided for in this section, precludes any zoning action by the town which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan, except under one or more of the following conditions:

a.

With the written consent of the affected landowner.

b.

Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man-made 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.

c.

To the extent that the affected landowner receives 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 consulting fees incurred after approval by the local government, together with interest as provided under G.S. 160D-106. Compensation shall not include any diminution in the value of the property which is caused by the action.

d.

Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the town of the site-specific vesting plan or the phased development plan.

e.

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

(2)

The establishment of a vested right under this section does not preclude the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation by the town, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations become effective with respect to property which is subject to a site-specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section.

(3)

Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of the town to adopt and enforce development regulations governing nonconforming situations or uses.

(g)

Miscellaneous provisions.

(1)

A vested right obtained under this section is not a personal right, but attaches to and runs with the applicable property. After approval of a site-specific vesting plan, all successors to the original landowner are entitled to exercise these rights.

(Code 1988, § 11-10.09; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2024-03-01, art. III, pt. VIII, 3-12-2024)