A. Authorizing Use, Occupancy, or Sale.
1. If in extraordinary cases, such as weather conditions (and excluding financial hardship), if it would be unreasonable to require the applicant to comply with all of the requirements of this UDO before commencing the intended use, occupancy or sale of property, the permit-issuing body may authorize commencement, as long as a performance bond to be fulfilled within twelve (12) months is provided.
2. When additional conditions or requirements are required, or when additional items beyond what is required in this UDO are proposed, the permit-issuing body may authorize the permit recipient to commence if it specifies a date which such conditions, requirements, or additional items must be met. Compliance of the below requirements must be met:
a. A performance bond or other security satisfactory to the body is furnished;
b. A condition is imposed establishing an automatic expiration date on the permit, ensuring compliance will be reviewed when application for renewal is made;
c. With respect to subdivisions in which the developer is selling only undeveloped lots, the Director may authorize final plat approval and the sale of lots before all the requirements of this UDO are fulfilled if the applicant provides a performance bond or other security satisfactory to ensure that all of these requirements will be fulfilled within 12 months or such other period as determined pursuant to G.S. § 160D-804.1.
d. The applicant or developer may request a one-time extension of the performance bond or other surety for an additional 6 months if the applicant or developer submits in writing to the Director the request at least 3 months prior to the expiration of the original bond for either an extension or reduction of the performance bond.
B. Completing Developments in Phases.
1. If a development is constructed in phases or stages in accordance with this UDO, then, subject to subsection (1), UDO requirements shall apply to each phase as if it were the entire development.
2. As a prerequisite to subsection (2), the developer shall submit plans that clearly show the various phases or stages of the proposed development and that the requirements of this UDO that will be satisfied with respect to each phase or stage.
3. If a development that is to be built in phases or stages includes improvements that are designed to be used by the entire development (such as amenities), then as part of the application, the developer shall submit a proposed schedule for completion of improvements. The schedule shall link completion of improvements to completion of phases. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit.
C. Expiration of Permits.
1. Unless otherwise specified, permits shall expire automatically if work has not commenced within one year of the permit issuance date. With respect to phased development, this requirement shall apply only to the first phase.
2. If work is discontinued for a period of one year after work has commenced, the permit shall immediately expire.
3. An extension period up to six months from the expiration date may be granted by the review authority if the following circumstances exist:
a. The permit has not yet expired;
b. The permit recipient has proceeded with due diligence and in good faith; and
c. Conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.
4. For purposes of this Section, permits are considered issued when the PB or CC votes to approve the application. Permits are considered issued by the Director when the earlier of the following takes place:
a. A copy of the fully executed permit is delivered to the permit recipient by hand-delivery or mail; or
b. The Director notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required.
5. Notwithstanding any of the provisions of the Section 10: Nonconformities, this Section shall be applicable to permits issued prior to the date this Section becomes effective.
D. Effect of Permit on Successors and Assigns.
1. Approvals and permits authorized by this Section permit the permittee to make use of land and structures in a particular way. Such approvals and permits are transferable. However, so long as the land or structures (or any portion) covered under an approval or permit continues to be used for the purposes for which the permit was granted, then:
a. No person (including successors or assignees) may make use of the land or structures except in accordance with all the terms and requirements of that approval or permit.
b. The terms and requirements of the approval or permit apply to and restrict the use of land or structures to all persons having any interest in the property and persons who subsequently obtain any interest in all or part of the property. Subsequent persons shall be notified of the approval or permit.
2. Nothing authorized by the approval or permit maybe done until the owner signs a written acknowledgment that the approval or permit has been issued.