(A) Purpose. The purpose of this section is to provide a procedure allowing a landowner to apply for the right to develop land in accordance with a previously-approved site-specific development.
(B) Applicability. Vested rights, in accordance with this section, and G.S. § 160A-385.1, shall only be available to a landowner with a legally-established and approved site-specific development plan. For the purposes of this division (B), a site-specific development plan shall include the following:
(1) Development subject to an approved special use permit;
(2) Development subject to a minor subdivision plat;
(3) Development subject to a subdivision preliminary plat; or
(4) Development subject to a site plan.
(C) Procedure.
(2) Review and recommendation by Planning Board. Following a review by the Ordinance Administrator, the application shall be referred to the Planning Board for review and recommendation. During the meeting, the Planning Board shall consider the application, the relevant support materials and any public comments given on the application. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the town’s Board of Commissioners (unless a longer review period is established by mutual agreement of the applicant and Planning Board). In addition to making a recommendation as to approval or denial of the application and the appropriate period of time to vest a site-specific development plan, the Planning Board may also recommend the imposition of conditions on the approval in accordance with § 152.050 of this chapter. In no instance shall the application proceed to the public hearing before the town’s Board of Commissioners without a recommendation by the Planning Board.
(3) Review and decision by the town’s Board of Commissioners. After receipt of a recommendation from the Planning Board, public notification and the scheduling of a public hearing, the town’s Board of Commissioners shall conduct a public hearing on the application. At the public hearing, the town’s Board of Commissioners shall consider the application, the relevant support materials, the recommendation of the Planning Board and the testimony given at the public hearing. After the close of the public hearing, the town’s Board of Commissioners shall, by four-fifths majority of those present and eligible to vote, approve, approve with conditions or deny the application based on the standards in § 152.080(D) of this chapter. In the event the application is approved, the town’s Board of Commissioners shall establish the vesting period, which shall not exceed a maximum of five years from the date of approval of the establishment of vested rights.
(D) Vested rights standards.
(1) The town’s Board of Commissioners shall only grant vested rights in accordance with this section after making the following findings of fact:
(a) The site-specific development plan was lawfully established and approved in the appropriate manner by the appropriate decision- making body;
(b) The site-specific development plan has not expired;
(c) All required variances, if any, included as a condition of approval of a site-specific development plan have been obtained; and
(d) The site-specific development plan provides sufficient information to establish the types and intensity of proposed development with reasonable certainty.
(2) In approving the establishment of vested rights, the town’s Board of Commissioners may extend the two-year vested rights period to a period of up to five years, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles and market conditions.
(Ord. passed 3-5-2018)