In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the town by notifying the holder of the development approval in writing stating the reason for the revocation.
(A) The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.
(B) Failure to comply with development approval. Development approvals shall be revoked for any of the following:
(1) Substantial departure from the approved application, plans, or specifications.
(2) Refusal or failure to comply with the requirements of any applicable development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state.
(3) For false statements or misrepresentations made in securing the approval.
(C) Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked.
(D) Appeal. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405. An appeal is filed regarding a development regulation adopted by a local government pursuant to this chapter, the provisions of G.S. § 160D-405(e) regarding stays shall be applicable.
For similar state law provisions, refer to G.S. § 160D-403(f).
(Ord. 23-241, passed 7-18-2023)