(a) The Town of Cary shall not adopt any ordinance authorized by Article 18 of Chapter 153A of the General Statutes (G.S. 153A-320 et seq.), Article 19 of Chapter 160A of the General Statutes (G.S. 160A-360 et seq.), or under any local Act or Charter provision relating to the subject of those Articles, nor grant any permit or approval pursuant to those ordinances, that would be inconsistent with the standards and provisions of the Swift Creek Management Plan.
(b) This section applies to any zoning map amendment and to any other zoning amendment, modification, repeal, or changes in zoning regulations and restrictions or zone boundaries relating to the area set forth in the Swift Creek Management Plan, but shall not be construed to prevent the Town of Cary from adopting zoning ordinance text changes.
(c) This section shall not affect any valid and unexpired vested right of any landowner arising by law pursuant to G.S. 153A-344.1 or G.S. 160A-385.1, nor shall this section affect the right of any person to protest zoning changes or otherwise appeal planning, subdivision, or zoning actions as provided by Article 18 of Chapter 153A of the General Statutes (G.S. 153A-320 et seq.), or Article 19 of Chapter 160A of the General Statutes (G.S. 160A-360 et seq.), or by local ordinance.
(d) If the Town of Cary has an ordinance to effectuate the recommended minimum performance standards for the Swift Creek Watershed and the other specific features set forth in the Swift Creek Management Plan, then the Town of Cary may modify its zoning ordinance to further meet or exceed the requirements of the Swift Creek Management Plan. The Swift Creek Management Plan may be modified by interlocal agreement pursuant to Article 20 of Chapter 160A of the General Statutes entered into by all of the affected jurisdictions.
(e) The Town of Cary may extend utilities unilaterally to any portion of its jurisdiction subject to the Swift Creek Management Plan provided that, prior to October 22, 1998, the Town of Cary zoned or rezoned the subject area in anticipation of providing utilities to the area.
(N.C.S.L. Ch. 1998-192; Ord. No. 06-001, § 7, 2-9-2006)