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The following is in accordance with NCGS 160D-108.1, and such statute shall apply where there are conflicts.

A. Applicability

1. In order to qualify as a “site-specific vesting plan,” a plan shall be a development plan approved as a site plan or preliminary plat in accordance with Sec. 3.5, Zoning Map Change; a plat approved in accordance with Sec. 3.6, Subdivision Review; or a site plan approved in accordance with Sec. 3.7, Site Plan Review.

2. Landowners seeking vested rights on plats, special use permit applications, or other plans that would not normally receive site plan approval can apply for vested rights protection through submittal of an application which contains the identical information, fee, and plans required for a complete site plan application and an additional fee for a vested rights public hearing.

B. Action by the Planning Director

Once the application has been determined complete, the Planning Director, or designee, shall schedule a public hearing, give public notice as set forth in paragraph 3.2.5, Notice and Public Hearings, and forward a copy of the application with all related materials to the appropriate governing body.

C. Action by the Governing Body

1. The governing body shall hold a public hearing as required pursuant to NCGS §160D-108.1.

2. Approval by the governing body shall confer upon the owner of the property a “vested right” as defined in NCGS §160D-108.1(b), effective on the date of approval. The governing body may condition the approval upon terms and conditions reasonably necessary to protect the public health, safety, and welfare.

D. Effect of Approved Vested Rights

1. Following approval of a site-specific vesting plan, nothing in this section 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.

2. Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or with this Ordinance.

3. The establishment of a vested right shall not preclude the application of new laws or regulations as is allowed under NCGS §160D-108. In addition, it shall not preclude 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 regulation by the City or County. 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 section.

4. A vested right is not a personal right, but shall be attached 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.

E. Duration

1. A vested right for a site-specific vesting plan shall remain vested for the period specified by the governing body, which shall be a minimum of two years but no more than five years from the date of the vested rights determination. The expiration and validity of site plans and plats issued pursuant to the vested rights determination that extend beyond the vesting period shall be governed by the provisions of this Ordinance. Substantial amendments and modifications to an approved site-specific vesting plan shall not be accorded “vested rights” unless such changes are processed as a new “site-specific vesting plan.” Each approved site-specific vesting plan shall contain the following notation: Approval of this plan establishes a vested right under NCGS §160D-108.1. Unless terminated at an earlier date, the zoning vested rights shall be valid until (insert date).

2. A building permit shall not expire or be revoked because of the passage of time while a zoning vested right under this section is outstanding.

3. A right which has been vested as provided in this section shall terminate at the end of the applicable vesting period with respect to portions of the development that do not have approved and continuously valid site plans and preliminary plats, or buildings and uses for which no valid building permit applications have been filed.

F. Termination

A vested right as provided in this section shall terminate when any one of the following circumstances applies:

1. At the end of the applicable vesting period;

2. With the written consent of the affected landowner;

3. Upon findings by the governing body by ordinance and after 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 of compensation to the affected owner for all costs, expenses, and other losses incurred by the landowner together with interest;

5. Upon findings by the governing body by ordinance, and after public hearing, that the landowner or the landowner’s representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the governing body of the site-specific vesting plan; or

6. Upon the enactment of a State or Federal law or regulation or local ordinances enacted in compliance with such laws or regulations that preclude development as contemplated in the site-specific development plan.