§ 153.008  APPLICABILITY AND VESTED RIGHTS.
   (A)   This chapter  shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the planning jurisdiction of the town including any amendments or revisions thereto.
   (B)   The provisions of this chapter shall be applied to the maximum extent that they do not contravene vested rights. Vested rights shall be based upon the following criteria:
      (1)   Having an outstanding building permit in compliance with G.S. §§ 153A-344.1 or 160A-385.1;
      (2)   Having an approved site specific or phased development plan in compliance with G.S. §§ 153A-344.1 or 160A-385.1; or
      (3)   For projects that require a state permit, as landfills, NPDES wastewater discharges, land application or residuals and road construction activities, shall be considered to have vested rights if a State permit was issued prior to the effective date of the adoption of this chapter.
(Ord. passed 7-15-2008)