(A) Purpose. A vested rights certificate allows an applicant with an approved and unexpired site plan, subdivision plan, or final plat to “vest” the plan or plat, in accordance with the ordinance. Such “vesting” allows development to continue on an approved plan even if certain deadlines are not met and/or there are code changes that might otherwise affect continued development of the property.
(B) Application. An application for a vested rights certificate may be filed concurrently or following approval of a site plan, subdivision plan, or final plat application. In approving the vested rights certificate, the Zoning Administrator may apply conditions of approval.
(C) Applicability. A vested right may be established, in accordance with G.S. § 160D-108. The types of vesting plans and duration of those plans are outlined in § 154.477 of this chapter.
(D) Vested rights certificate procedure.
(1) Pre-application conference required. A pre-application conference with the Zoning Administrator is required.
(2) Application submittal and acceptance. Applications may be initiated by the landowner on a form approved by the Town Board of Commissioners.
(3) Staff review. The Zoning Administrator shall review the application, prepare a staff report, and provide a recommendation in accordance with the vested rights certificate review standards in division (E) below of this section.
(4) Public notification. Public notification shall comply with the standards outlined in quasi- judicial hearings included in § 154.109.
(5) Town Board of Commissioners review and decision.
(a) Conduct hearing. The hearing shall comply with the standards outlined in quasi-judicial hearings included in § 154.109.
(b) The Town Board of Commissioners, after the conclusion of a quasi-judicial hearing, shall decide the application in accordance with the vested rights certificate review standards. The decision shall be one of the following:
1. Approval of the vested rights certificate as proposed;
2. Approval of a revised vested rights certificate;
3. Denial of vested rights certificate; or
4. Remand of the vested rights certificate application to the Planning and Development Director for further review.
(E) Vested rights certificate review standards. A vested rights certificate shall be approved if the applicant demonstrates:
(1) The vested rights certificate is for an approved site plan, group development plan, or preliminary plat;
(2) The development is valid and unexpired; and
(3) Any required variances have been obtained.
(F) Vested rights certificate. Following approval of a vested right, each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: “Approval of this plan established a zoning vested right under G.S. § 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until (date).”
(G) Amendment. Amendment of vested rights certificate may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
(Ord. 23-241, passed 7-18-2023)