(a) Vested rights are the rights of the applicant to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in G.S. § 160D-108. Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to the following:
(1) Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with G.S. § 143-755.
(2) Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with G.S. § 143-755.
(3) A site-specific vesting plan pursuant to G.S. § 160D-108.1, which consists of a plan submitted to the Town in which the applicant requests vesting, such as subdivision plat, site plan, conditional zoning master plan, or special use permit, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property:
a. 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.
b. Notwithstanding the provisions of subsection (a), 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 of Canton and shall be made following the process specified for the particular form of a site-specific vesting plan involved in accordance with G.S. 160D-108.1.
(4) A multi-phased development is a development containing over twenty-five (25) acres that is both submitted for a development approval to occur in more than one phase and subject to a master development plan with committed elements showing the type and intensity of each phase.
a. A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development.
b. A right which has been vested as provided for herein remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.
(5) A vested right established by the terms of a development agreement authorized by Article 10 of G.S. Ch. 160D.
(b) Duration of vesting. Upon issuance of a development permit, the statutory for a development project is effective upon filing of the application in accordance with G.S. § 143-755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced.
(c) Process to claim vested right. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Administrator or other officer designated by this chapter, who shall make an initial determination as to the existence of the vested right. The decision of the Administrator may be appealed under G.S. § 160D-405.
(d) The vested rights granted by this section run with the land except for the use of land for outdoor advertising governed by G.S. § 136-136.1 and G.S. § 136-131.2 in which case the rights granted by this section run with the owner of the permit issued by the North Carolina Department of Transportation.
(e) Exceptions to vested rights are in accordance with those outlined in G.S. § 160D-108.1(f).
(Ord. of 6/24/21)