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Greenville County, SC Code of Ordinances
ARTICLE VI: VESTED RIGHTS
Section
   17-81   Findings
   17-82   Definitions
   17-83   Establishment of vested rights
   17-84   Conditions and limitations on vested right
   17-85   Nature of vested right
   17-86   Landowner rights deemed vested
Cross-reference:
   Zoning Code, see Appendix A
§ 17-81 FINDINGS.
   As an incident to the adoption of this ordinance, the Greenville County Council makes the following findings:
   (1)   The South Carolina General Assembly has enacted the “Vested Rights Act” which is codified as S.C. Code, § 6-29-1520 et seq., as amended, (the “Act”).
   (2)   The Act requires local governments to enact ordinances implementing the provisions of the Vested Rights Act on or before July 1, 2005. The Act authorizes local governments to establish a procedure for the vesting of rights in certain development plans, and provides that local governments that do not pass ordinances implementing a procedure for the establishment of vested rights will be subject to the requirements of S.C. Code, § 6-29-1560 of the Act, under which a landowner has a vested right to proceed in accordance with an approved site specific development plan upon the terms and conditions and subject to the requirements and limitations of S.C. Code, § 6-29-1560(A), which section substitutes statutory conditions for vesting, reducing local control and flexibility.
   (3)   Council finds that the affected Greenville County Ordinances should conform to the requirements of the Vested Rights Act; in a manner to facilitate the administration of Greenville County zoning and land use codes, ordinances and regulations.
(Ord. 3913, passed 5-17-2005)
§ 17-82 DEFINITIONS.
   The following words and terms shall have the following meaning as used in this article:
   17-82.1   “Approved” or “approval” means a final action by the county governing body or an exhaustion of all administrative remedies from decisions of Greenville County zoning, planning or land use officials, boards or commissions which results in the authorization of a site specific development plan or a phased development plan.
   17-82.2   “Building permit” means a written license or permit issued by a local building official that authorizes the construction or renovation of a building or structure at a specific location.
   17-82.3   “Conditionally approved” or “conditional approval” means an interim action taken by the Greenville County governing body or the Greenville County Planning Commission, or Board of Zoning Appeals that provides authorization for a site specific development plan or a phased-development plan which is subject to further approval.
   17-82.4   “Landowner” means an owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representatives of the owner. “Landowner” may include a person holding a valid option to purchase real property pursuant to a contract with the owner to act as his agent or representative for purposes of submitting a proposed site specific development plan or a phased development plan pursuant to this article.
   17-82.5   “Local governing body” means: (a) the governing body of Greenville County or (b) a county body authorized by statute or by the governing body of Greenville County to make land use decisions.
   17-82.6   “Person” means an individual, corporation, business or land trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, or any legal entity as defined by the laws of South Carolina.
   17-82.7   “Phased development plan” means a development plan submitted to the local governing body or body authorized by the local governing body to make land-use decisions that shows the types and density or intensity of uses for a specific property or properties to be developed in phases, but which do not satisfy the requirements for a site specific development plan.
   17-82.8   “Real property” or “property” means all real property that is subject to the land-use and development ordinances or regulations enacted, approved or promulgated by the Greenville County Council, and includes the earth, water and air above, below or on the surface, and includes improvements or structures customarily regarded as part of real property.
   17-82.9   “Site specific development plan” means a development plan submitted to the local governing body or a body authorized by the local governing body to make land-use decisions by a landowner describing with reasonable certainty the types and density or intensity of uses for a specific property or properties. The plan may be in the form of, but is not limited to, the following plans or approvals: planned unit development; subdivision plat; preliminary or general development plan; variance, conditional use or special use permit plan; conditional or special use district zoning plan; or other land-use approval designations as are used by Greenville County with regard to submitted plans.
   17-82.10   “Vested right” means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan or a phased development plan as provided in this ordinance, the Vested Rights Act and in Greenville County land development ordinances or regulations.
(Ord. 3913, passed 5-17-2005)
§ 17-83 ESTABLISHMENT OF VESTED RIGHT.
   17-83.1   A vested right as defined herein is established for 2 years upon the approval of a site specific development plan.
   17-83.2   The landowner of real property with a vested right may apply before the end of the vesting period but not thereafter to the Greenville County Planning Commission for an annual 1-year extension of the vested right. The Greenville County Planning Commission must approve applications for at least 5 annual extensions of the vested right if a timely application has been filed with the Planning Commission unless an amendment to land development ordinances or regulations has been adopted that prohibits such approval. If no timely application is made by the landowner to the Greenville County Planning Commission for an annual extension, the vesting period or annual extension applicable to such real property shall expire at the end of the vesting period or the last annual extension granted thereof.
   17-83.3   The Greenville County Planning Commission may, but is not required, to provide for the establishment of a 2-year vested right in a conditionally approved site specific development plan. No 2-year vested right is established in a conditionally approved site specific development plan unless such vested right is specifically and expressly approved by the Greenville County Planning Commission in writing when a site specific development plan is conditionally approved.
   17-83.4   The Greenville County Planning Commission may, but shall not be required, to approve the establishment of a vested right in an approved or conditionally approved phased development plan for a period not to exceed 5 years.
   17-83.5   No vested right in a site specific development plan shall attach or be established until plans have been received, all required approvals have been given or granted, and all fees have been paid in accordance with the procedures outlined in this code. No vested right attaches or is established until a final decision has been rendered favorable to the applicant on all administrative appeals.
   17-83.6   The Greenville County Zoning Board of Appeals is not authorized to grant or approve a vested right and no vested right shall be established, created or accrue as a result of any decision of the Zoning Board of Appeals.
(Ord. 3913, passed 5-17-2005)
§ 17-84 CONDITIONS AND LIMITATIONS ON VESTED RIGHT.
   17-84.1   A vested right established by this article and in accordance with the standards and procedures in Greenville County zoning, land development and land-use ordinances and regulations is subject to the following conditions and limitations.
      (1)   The form and content of a site specific development plan submitted by a landowner must conform and comply with all applicable Greenville County zoning, planning, stormwater management and sediment control, building, electrical, mechanical, life safety, fire and other land-use codes, ordinances and regulations;
      (2)   No vested right in a site specific development plan shall be established except in conformity with Greenville County zoning, planning, stormwater management and sediment control, building, electrical, mechanical, life safety, fire and other land-use codes, ordinances and regulations;
      (3)   If the Greenville County Planning Commission approves a vested right for a phased development plan, a site specific development plan shall be required for approval with respect to each phase in accordance with regulations in effect at the time of vesting.
      (4)   A vested right established under a conditionally approved site specific development plan or conditionally approved phased development plan may be terminated by the Greenville County Planning Commission upon its determination, following notice and a public hearing, that the landowner has failed to meet the terms of the conditional approval;
      (5)   A vested right established in accordance with the provisions of this article shall be vested upon approval by the Greenville County Planning Commission of the site specific development plan or phased development plan that authorizes the developer or landowner to proceed with investment in grading, installation of utilities, streets and other infrastructure and to undertake other specific expenditures necessary to prepare for application for a building permit. No developer or landowner shall proceed with investment in grading, installation of utilities, streets or other infrastructure, or shall undertake other significant expenditures necessary to prepare for application for a building permit before a site specific development plan or phased development plan authorizing such improvements and expenditures has been approved by the Greenville County Planning Commission. No investments in grading, installation of utilities, streets, or other infrastructure, or other significant expenditures shall give rise to or establish a vested right until the Greenville County Planning Commission has approved the site specific development plan or phased development plan that authorizes the developer or landowner to proceed with improvements or undertake other significant expenditures on the real property which is proposed for development. Any vested right so granted is subject to all land development regulation requirements, including, but not limited to, meeting all financial security requirements prior to acceptance of final plats.
   17-84.2   A site specific development plan for which a variance, regulation or special exception is necessary, does not qualify and may not claim or receive vested right status unless and until the variance, regulation or special exception is obtained. A phased development plan for which a variance, regulation or special exception is necessary does not qualify and may not obtain a vested right until the variance, regulation or special exception is obtained.
   17-84.3   A vested right for a site specific development plan expires 2 years after vesting; provided, however, that the landowner of real property with a vested right may apply to the Greenville County Planning Commission before the end of the vesting period for an annual extension of the vested right for a period of 1 year. If a timely application is made, the Planning Commission must approve applications for no more than 5 successive annual extensions unless an amendment to land development ordinances or regulations has been adopted that prohibits approval of such annual extension applications. The Greenville County Planning Commission shall designate the vesting point for a phased development plan as the date of approval of the phased development plan. The Greenville County Planning Commission may extend the time for a vested site specific development plan to a total of 5 years upon a determination that there is just cause for the extension and that the public interest is not adversely affected. Upon expiration of the vested right, a building permit may be issued for development only in accordance with applicable land development ordinances and regulations and may require new plan submissions in accordance with the applicable ordinances and regulations.
   17-84.4   A vested site specific development plan or a vested phased development plan which has been approved by the Greenville County Planning Commission may be subsequently amended if the amendments are approved by the Greenville County Planning commission pursuant to the provisions of applicable Greenville County land development ordinances and regulations.
   17-84.5   A validly issued building permit does not expire or is not revoked upon expiration or termination of a vested right, except for public safety reasons or as prescribed by the applicable building code.
   17-84.6   A vested right to a site specific development plan or phased development plan may be revoked by the Greenville County Planning Commission upon its determination, after notice and a public hearing, that there was a material misrepresentation by the landowner or substantial non-compliance with the terms and conditions of the original or amended approval.
   17-84.7   A vested site specific development plan or vested phased development plan is subject to later enacted federal, state or local laws or ordinances adopted to protect public health, safety and welfare, including, but not limited to, building, fire, plumbing, electrical and mechanical codes and non-conforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical and mechanical codes in force at the time of the issuance of the building permit.
   17-84.8   A change in the zoning district designation or land-use or regulations made subsequent to vesting that affects real property does not operate to affect, prevent or delay development of the real property under a vested site specific development plan or vested phased development plan without the consent of the landowner.
   17-84.9   If real property having a vested site specific development plan or vested phased development plan is annexed, the governing body of the municipality to which the real property has been annexed must determine, after notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after the annexation.
   17-84.10   The Greenville County Council, the Greenville County Planning Commission and local zoning, planning and codes officials must not require a landowner to waive his vested rights as a condition of approval or conditional approval of a site specific development plan or phased development plan.
(Ord. 3913, passed 5-17-2005)
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