§ 48-526. Vested right.
A vested right shall be deemed established with respect to any property upon the valid approval or conditional approval of a site specific development plan, following notice and public hearing by the board of commissioners of the town. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of such property under the terms and conditions of the site specific development plan. The board of commissioners may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Landowners seeking a vested right shall fully comply with all provisions stated herewith, and G.S. 160A-385.1, as amended.
(1)
Establishment of vested right.
a.
Any property owner wishing to establish vested right shall make their intentions know in writing to the town at the time of submittal of the site specific development plan. If the town is not notified in writing at the time of submittal of a site specific development plan, then the application shall proceed in accordance with section 48-524 for permitted uses or 48-525 for conditional uses.
b.
Property owners electing to pursue the vested right option will be subject to review procedures as specified in section 48-525, application requirements for conditional uses, and henceforth, the project under consideration for vested right will be processed as a conditional use, subject to all conditions, specifications, procedures and required findings as outlined in section 48-525. The board of commissioners shall hold a public hearing on the vested right request after providing notice as required by section 48-8. If the option for granting of vested right is successfully exercised, such right will be specified and issued as part of the conditional use permit.
c.
A vested right may be established only for uses that are currently permitted by right or by conditional use permits in the appropriate zoning district.
(2)
Duration and termination of vested right.
a.
A right which has been vested as provided for in this section shall remain vested for a period of two years from the date of board of commissioners approval of the site specific development plan. This vesting shall not be extended by any amendments or modifications to the site specific development plan.
b.
The board of commissioners of the town may rescind the approval of a site specific development plan for failure to comply with applicable terms and conditions of the approval or this chapter.
c.
Upon issuance of a building permit, the provisions of G.S. 160A-418 and G.S. 160A-422 shall apply, except that a permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding.
d.
A right which has been vested as provided in this section shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.
(3)
Subsequent changes prohibited; exceptions.
a.
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 development plan, except:
1.
With the written consent of the affected landowner.
2.
Upon findings at a public hearing by the board of commissioners 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 development plan.
3.
To the extent that the affected landowner received 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 thereon at the legal rate until paid. Compensation shall not include any diminution in value of the property which is caused by such action.
4.
Upon findings at a public hearing by the board of commissioners that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the town of the site specific development plan.
5.
Upon the enactment or promulgation of a state or federal law or regulation which precludes development as contemplated in the site specific development plan, in which case the town may modify the affected provisions, upon a finding at a public hearing by the board of commissioners that the change in state or federal law has a fundamental effect on the plan.
b.
Nothing in this chapter shall prevent the town from amending this chapter or official map in such a way that a development project for which a vested right has been established is rendered nonconforming in any way.
c.
The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does 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 land use regulations by the town including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, applicable new regulations shall become effective with respect to property which is subject to a site specific development plan upon the expiration or termination of the vesting right period provided for in this section.
d.
The establishment of a vested right shall not preclude, change or impair the authority of the town to adopt and enforce zoning ordinance provisions governing nonconforming situations or uses.
(4)
Miscellaneous provisions.
a.
A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right.
b.
Each site specific development plan which obtains a vested right under this chapter shall contain the following notation: "Approval of this plan establishes a vested right under G.S. 160A-385.1. Unless terminated at an earlier date, the vested right shall be valid until (date)."
c.
If G.S. 160A-385.1 is repealed, this chapter shall be deemed repealed and the provisions hereof no longer effective.
d.
This section shall be effective October 1, 1991, and shall apply only to site specific development plans for which a vested right has been applied for and obtained on or after October 1, 1991.
(Code 1990, § 22-456; Ord. No. 06-10-042, § III, 10-18-2006)