Swansboro City Zoning Code
VESTED RIGHTS
PERMIT CHOICE AND DEVELOPMENT AGREEMENTS
§ 152.150 PURPOSE.
It is necessary and desirable for the establishment of certain vested rights in order to ensure reasonable certainty, stability, and fairness in the development regulation process, secure the reasonable expectations of landowners, and foster cooperation between the public and private sectors in land-use
. These provisions strike an appropriate balance between private expectations and the public interest.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.151 ESTABLISHMENT OF VESTED RIGHTS.
(A) A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator or other officer designated by a
, who shall make an initial as to the existence of the vested right.
(B) The decision of the Zoning Administrator or officer may be appealed under G.S. § 160D-405. On appeal, the existence of a vested right shall be reviewed de novo. In lieu of seeking such a , a person claiming a vested right may bring an original civil action as provided by G.S. § 160D-405(c).
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.152 PERMIT CHOICE.
(A) If an application made in accordance with local regulation is submitted for a required
and a
changes between the time the application was submitted and a decision is made, the applicant may choose which version of the
will apply to the application.
(B) Amendments shall not be applicable or enforceable with regard to development that has been permitted or approved so long as one of the types of approvals remains valid and unexpired.
(C) If the 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 applies to all
s issued by the state and by the town.
(Ord. 2021-O3, passed 5-24-2021)
§ 152.153 DURATION AND TYPES OF STATUTORY VESTED RIGHTS.
Vested rights established under this section are not mutually exclusive. The establishment of a vested right under this section does not preclude the establishment of one or more other vested rights or vesting by common law principles. Vested rights established by local government approvals are as follows:
(A) Building permits. Pursuant to G.S. § 160D-1111, 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.
(B) Other local development approvals. Pursuant to G.S. § 160D-403(c), unless otherwise specified by statute or local ordinance, all other local
s expire one year after issuance unless work has substantially commenced. Expiration of a local development approval shall not affect the duration of a vested right established under this section or vested rights established under common law.
(C) Site-specific vesting plans.
(1) A vested right for a
shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a
unless expressly provided by the town.
(2) The town may provide that rights regarding a
shall be vested for a period exceeding two years, but not exceeding five years, if warranted by the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions, or other considerations. This shall be in the discretion of the town and shall be made following the process specified for the particular form of a
involved.
(D) Multiphase developments. A multiphase development shall be vested for the entire development with the zoning regulations, subdivision regulations, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multiphase 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 multiphase development.
(E) Indefinite development agreements. A vested right of reasonable duration may be specified in any approved development agreement.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.154 SUBSEQUENT CHANGES PROHIBITED; EXCEPTIONS.
(A) Continuing review. Following the approval or conditional approval of a statutory vested right, the town may make subsequent reviews and require subsequent 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. The town may revoke the original approval for failure to comply with applicable terms and conditions or the applicable
s.
(B) Exceptions. The provisions of this section are subject to the following:
(1) A vested right, once established, precludes any zoning action by the town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except when any of the following conditions are present:
(a) The written consent of the affected landowner.
(b) Findings made, after notice and an
, 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 approved vested right.
(c) The extent to which 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 town, together with interest as is provided in G.S. § 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action.
(d) Findings made, after notice and an
, 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 vested right.
(e) The enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the approved vested right, 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, after notice and an
.
(2) The establishment of a vested right under this section shall not preclude the application of overlay zoning or other
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
by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations shall become effective with respect to property that is subject to a vested right established under this section upon the expiration or termination of the vested rights period provided for in this section.
(3) Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change, or impair the authority of the town to adopt and enforce development regulation provisions governing nonconforming situations or uses.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.155 MISCELLANEOUS VESTED RIGHTS PROVISIONS.
(A) A
obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a vested right, all successors to the original landowner shall be entitled to exercise such rights.
(B) Nothing in this section shall preclude judicial , based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
§ 152.156 DEVELOPMENT AGREEMENTS.
(A) The Town may enter into development agreements with developers, subject to the procedures and requirements of G.S. §§ 160D-1001 to 160D-1012. In entering into such agreements, the town may not exercise any authority or make any commitment not authorized by local ordinances or State law and may not impose any tax or fee not authorized by otherwise applicable laws.
(B) This section does not preclude or supersede rights and obligations established pursuant to other laws regarding building permits, site-specific.
(C) Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements.
(D) A vested right of reasonable duration may be specified in an approved development agreement.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)