(A) Purpose. The purpose of this section is to provide a procedure allowing a landowner to apply for the right to develop land in accordance with a previously approved site-specific development (as defined herein).
(B) 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:
(a) 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.
(b) 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.
(c) A site-specific vesting plan.
(d) A multi-phased development.
(2) A vested right established by the terms of a development agreement authorized by G.S. Ch. 160D, Art. 10.
(3) The establishment of a vested right under any subdivision of this section 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 for in this section or by common law, precludes any action by the town 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 town enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.
(C) Duration of vesting.
(1) Upon issuance of a development permit, the statutory vesting granted by this section 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 this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced. For the purposes of this section, a permit is issued either in the ordinary course of business of the town or by the applicable governmental agency as a court directive.
(2) Except where a longer vesting period is provided by statute or this chapter, the statutory vesting granted by this section, 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, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. The 24-month discontinuance period is automatically tolled during the pendency of any Planning and Adjustment Board proceeding or civil action in a state or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section. The 24-month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting.
(D) Multiple permits for development project. Subject to Section 1.10, where multiple town development permits are required to complete a development project, the development permit applicant may choose the version of each of the town land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit. For purposes of the vesting protections of this section, an erosion and sedimentation control permit or a sign permit is not an initial development permit.
(E) Multi-phased development. A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this section remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.
(F) Continuing review. Following issuance of a development permit, the town may make subsequent inspections and reviews to ensure compliance with the applicable land development regulations in effect at the time of the original application.
(G) Process to claim vested rights. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator who shall make an initial determination as to the existence of the vested right. The decision of the Zoning Administrator may be appealed to the Planning and Adjustment Board. On appeal, the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination or pursuing an appeal, a person claiming a vested right may bring an original civil action as provided by G.S. § 160D-1403.1.
(H) Miscellaneous provisions. The vested rights granted by this section run with the land except for the use of land for outdoor advertising governed by G.S. §§ 136-131.1 and 136-131.2 in which case the rights granted by this section run with the owner of a permit issued by the North Carolina Department of Transportation. Nothing in this section precludes judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.
(I) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPMENT. As defined in G.S. § 143-755(e)(1).
DEVELOPMENT PERMIT. As defined in G.S. § 143-755(e)(2).
LAND DEVELOPMENT REGULATION. As defined in G.S. § 143-755(e)(3).
MULTI-PHASED DEVELOPMENT. A development containing 25 acres or more that is both of the following:
(a) Submitted for development permit approval to occur in more than one phase.
(b) Subject to a master development plan with committed elements showing the type and intensity of use of each phase.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)