A. Findings. The North Carolina General Assembly has recognized that local government approval of development typically follows significant investment in site evaluation, planning, development costs, consultant fees, and related expenses. The General Assembly also finds that it is necessary and desirable to provide for the establishment of certain vested rights in order to ensure reasonable certainty, stability, and fairness in the development regulation process, secure the reasonable expectations of landowners, and foster cooperation between the public and private sectors in land- use planning and development regulation. The provisions of this section and G.S. 160D-108 and 160D-108.1 strike an appropriate balance between private expectations and the public interest.
B. Permit choice. If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.
C. Vested rights.
1. Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to any of the following:
2. Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with G.S. 143-755.
3. Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with G.S. 143-755.
4. A site-specific vesting plan pursuant to G.S. 160D-108.1.
5. A multi-phased development pursuant to subsection (f) of G.S. 160D-108 and the UDO section.
6. A vested right established by the terms of a development agreement authorized by Article 10 of G.S. Chapter 160D.
7. The establishment of a vested right under any subdivision of subsection does not preclude vesting under one or more other subdivisions of this subsection or vesting by application of common law principles. A vested right, once established as provided in this section, G.S. 160D-108, or common law, precludes any action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in State or federal law mandating local government enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.
(Ord. No. O-21-06-15-5, §1, 6-15-21)