(A) Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.
(B) Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to the Code of Minnesott Beach pursuant to G.S. Chapter 160D attach to and run with the land.
(C) Upon issuance of a development permit, the statutory vesting granted by G.S. § 160D-108(c) for a development project is effective upon filing of the application in accordance with G.S. § 143-755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by G.S. § 160D-108 or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced.
(D) A vested right is established with respect to any property upon the valid approval, or conditional approval, of a site-specific vesting plan as provided in G.S. § 160D-108.1. Such a vested right confers upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any amendments thereto.
(E) Except where a longer vesting period is provided by statute or the Code of Minnesott Beach, the statutory vesting granted by G.S. § 160D-108, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months.
(F) Notwithstanding division (C) of this section, a building permit issued pursuant to G.S. Chapter 160D, Article 11 expires by limitation six months after the date of issuance if the work authorized by the permit has not been commenced. If, after commencement, the work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any building permit that has expired shall be performed until a new permit has been secured.
(G) Notwithstanding division (C) of this section, a vested right for a site-specific vesting plan remains vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the town.
(H) In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the town issuing the development approval by notifying the holder in writing stating the reason for the revocation. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable town regulation or any state law delegated to the town for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405. If an appeal is filed regarding a development regulation adopted by the town pursuant to this chapter, the provisions of G.S. § 160D-405(f) regarding stays apply.
(Ord. passed 7-6-2022, § 2.3)