3.2.5. Development Moratoria.

   Pursuant to G.S. § 160D-107, the Town may adopt a moratorium on development approval(s).

(Ord., 3-16-21)

3.2.6. Types of Decisions.

   Pursuant to G.S. § 160D-102, all applicable definitions and regulations from that chapter apply, in particular the following:

   A.   Administrative. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this Chapter or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.

   B.   Legislative. The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of Article 10 of this Chapter.

   C.   Quasi-judicial. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.

(Ord., 3-16-21)

3.2.7. Vested Rights and Expiration.

   Pursuant to G.S. § 160D, a vested right is the right to undertake and complete the development and use of a property.

   A.   Building Permits.

      1.   As provided in G.S. § 160D-1111, building permits expire six months after issuance, if the permit work has not commenced.

      2.   Discontinuance of work for a period of twelve months or more shall render the permit expired.

   B.   Zoning Compliance Permits.

      1.   Pursuant to G.S. §160D-108(d), zoning compliance permits shall expire within one year from date of issuance if unless work has substantially commenced.

      2.   For these purposes, “substantially commenced” includes but is not limited to application for and timely pursuit of a building permit, grading permit, or other permit necessary to commence installation of infrastructure or establishment of the intended use .

   C.   Site Specific Vesting Plans, per G.S. § 160D-108.1.

      1.   The appropriate decision-making body’s approval of a site specific vesting plan establishes a vested right that runs with the land and authorizes the recipient to complete development as authorized by the issued permit.

      2.   Site specific vesting plans shall remain vested for two years, unless, upon applicant request, the Town Council grants a longer period up to no more than five years total.

      3.   The right shall terminate at the end of the vesting period if the next requisite permits have not been procured for the project.

      4.   Deviation from the site specific vesting plan shall result in forfeiture of the vested right .

      5.   Pursuant to G.S. §160D-108(f), multi-phase developments shall be vested in their entirety with the regulations and ordinances in place at the time of site plan approval for the initial development phase. The vesting period for multi-phase developments shall be seven years.

   Commentary (01/01/2021): Site specific vesting plans include planned developments, preliminary subdivision plats, site plans, preliminary or general development plans, special use permits, and conditional zoning districts.

(Ord., 3-16-21)

3.3. REVIEW AUTHORITY TABLE.

   The Review Authority Table displays decision types, the participants in the review process, and their respective roles.

   Figure 3.3-A Review Authority Table

Process	Type	Review	Final Action	Appeal Process	Public Notice Level (See Public Notice Requiremen ts 3.4.6.)	Section
3.5 Subdivision
Major Subdivision	Admin.	TRC	Planning Director	BOA	N/A	3.5.3
Minor Subdivision/ Final Plat	Admin.	TRC	Planning Director	BOA	N/A	3.5.23.5.4
3.6 Map and Text Amendments
Rezoning (Map Amendment)	Leg.	Planning Commission	Town Council	Superior Court	A, B, C	3.6.1
Conditional Zoning District/ Conditional Rezoning	Leg.	Planning Commission	Town Council	Superior Court	A, B, C	3.6.2
Text Amendment	Leg.	Planning Director / Planning Commission	Town Council	Superior Court	A, B, C	3.6.3
3.7 Permits
Zoning Compliance Permit	Admin.	Planning Director	Planning Director	BOA	N/A	3.7.1
Sign Permit	Admin.	Planning Director	Planning Director	BOA	N/A	3.7.2
3.8 Site Plans and Administrative Review
Site Plan	Admin.	TRC	Planning Director	BOA	N/A	3.8.1
Administrative Modification	Admin.	Planning Director	Planning Director	BOA	N/A	3.8.2
Determination of Vested Right	See Written Interpretation
Written Interpretation	Admin.	Planning Director	Planning Director	BOA	N/A	3.8.3
3.9 Miscellaneous
Administrative Appeal	QJ		BOA	Superior Court	A, B	3.9.1
Special use permit	QJ	TRC	Town Council	Superior Court	A, B, C	3.9.2
Traffic Impact Analysis	Admin.	TRC	Per primary developme nt permit	Per primary developme nt permit	Per primary development permit	3.9.3
Variance	QJ	TRC	BOA	Superior Court	A, B, C	3.9.4
Temporary Use Permit	Admin.	TRC	Planning Director	BOA	N/A	3.9.5
3.10 Environmental
Flood Mitigation Permit	QJ	Town Engineer (Floodplain Administrator)	BOA (acting as WRB)	Superior Court	Per Variance	3.10.1
Notes: Admin. = Administrative Leg. = Legislative QJ = Quasi-judicial TRC = Technical Review Committee, which also includes Planning Director BOA = Board of Adjustment WRB = Watershed Review Board

 

(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)

3.4. COMMON REVIEW PROCEDURES.

3.4.1. Preapplication Conference.

   A.   The purpose of a preapplication conference is to provide the applicant information on the appropriate application procedure for their desired action, background information, necessary materials, and other relevant information applicable to their proposed request.

   B.   Preapplication conferences are encouraged for all development applications, but are mandatory for the following:

      1.   Rezoning.

      2.   Conditional zoning.

      3.   Minor subdivision .

      4.   Major subdivision .

      5.   Variance , including Flood Mitigation Permit.

   C.   Applicants shall provide a sketch or drawing to aid in the understanding of the proposal. At minimum, the sketch plan should include:

      1.   Property location or parcel number.

      2.   Approximate location of existing structures .

      3.   A description or drawing of the desired action or use and where it will occur.

(Ord., 3-16-21)

3.4.2. Application Requirements.

   A.   Applicant Eligibility.

      1.   The property owner or the property owner’s authorized agent may submit the applications described in this Article. Agents must produce notarized documentation of permission from the property owner.

      2.   Pursuant to G.S. § 160D-703, the Town Council may initiate rezonings through direction to the Planning Director .

   B.   Application Completeness.

      1.   The Planning Director will determine the completeness of each application.

      2.   Incomplete applications will not be accepted. Incomplete applications do not have the sufficient information or materials necessary for review and processing.

      3.   If an application is found to be incomplete or insufficient, the Planning Director shall notify the applicant and provide a list of deficiencies or missing materials that need correcting.

   C.   Content.

      1.   A complete application contains all materials and requirements set forth on each application form as provided by the Planning Director .

      2.   Under unique circumstances, the Planning Director may find that additional information is necessary to determine the sufficiency of a submitted application. The Planning Director is authorized to require the applicant to present this information for inclusion in the consideration of the application.

      3.   Permits and Approvals from Outside Agencies. No plan, permit, or Certificate of Occupancy shall be issued without proof of receipt of necessary permits from outside agencies.

      Commentary (01/01/2021): Examples include permits issued by outside agencies such as USACE, CORPUD, etc. for approvals such as wetland mitigation (404/401), CLOMAR, utility tap approval, etc.

   D.   Fees as Outlined in the Town of Garner Adopted Fee Schedule.

      1.   No application will be considered complete without rendering of appropriate fees at submittal.

      2.   The Town may fully refund application fees for withdrawn applications, provided review of the application has not begun.

   E.   Deadline. All applications shall be completed and submitted to the Planning Director in accordance with the published calendar on file in the Planning Department.

(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)