(A) Except as otherwise provided in this subchapter, an application for site specific development plan or phased development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.
(B) Notwithstanding the provisions of division (A) above, if the authority to issue a particular zoning or land use permit or approval has been delegated by ordinance to a board, committee or administrative official other than the Board of County Commissioners, Board of Adjustment or other planning agency designated to perform any or all of the duties of a Board of Adjustment, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Board of County Commissioners, following notice and a public hearing as provided in G.S. § 153A-323 and Ch. 160A, Art. 19.
(C) In order for a zoning vested right to be established upon approval of a site specific development plan or phased development plan, the applicant must indicate at the time of application, on a form to be provided by the county, that a zoning vested right is being sought.
(D) Each map, plat, site plan or other document evidencing a site specific development plan or phased development plan shall contain the following notation: “Approval of this plan establishes a zoning vested right under G.S. § 153A-344.1 unless terminated at an earlier date, the zoning vested right shall be valid until (date).”
(E) Following approval or conditional approval of a site specific development plan or phased development plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.
(F) Nothing in this subchapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning ordinance.
(Ord. passed 11-4-1991)