(A) Vested rights, if established through a development plan approval granted by the village, confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the approved development plan.
(B) Duration of vesting. Local development permits expire after the time period specified in the section of this chapter in which they are authorized, unless work authorized by the permit has substantially commenced.
(C) Discontinued work. Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted for a development project, 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 board of adjustment 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) Process to claim vested right. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Enforcement Officer, who shall make an initial determination as to the existence of the vested right. The decision of the Zoning Administrator or Officer may be appealed under G.S. § 160D-405.
(E) Ownership of vested rights. The vested rights granted by this section run with the land.
(F) 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.
(1) A right which has been vested as provided for in this division (F)(1) 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.
(2) 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.
(G) Site-specific vesting plans. A site-specific vesting plan consists of a plan submitted to the village in which the applicant requests vesting pursuant to this section. If the plan is approved, the resulting 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.
(H) The following plans constitute a site-specific vesting plan under the village ordinances:
(1) Preliminary subdivision plat;
(2) Special use permit;
(3) Site plan;
(4) Conditional zoning;
(I) These plans shall be reviewed as site-specific vesting plans using the procedures for each corresponding permit type included in the village ordinances.
(J) If approved, each plan shall have a period of validity of two years.
(K) A variance does not constitute a site-specific vesting plan, and approval of a site-specific vesting plan with the condition that a variance be obtained does not confer a vested right unless and until the necessary variance is obtained.
(L) The village may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare.
(M) A vested right, once established as provided for in this section, precludes any zoning action by the Village which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan, except under one or more of the following conditions:
(1) With the written consent of the affected landowner.
(2) Upon findings, by ordinance after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan.
(3) To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consulting fees incurred after approval by the local government, together with interest as provided under G.S. § 160D-106. Compensation shall not include any diminution in the value of the property which is caused by the action.
(4) Upon findings, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner’s representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the local government of the site-specific vesting plan or the phased development plan.
(5) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific vesting plan or the phased development plan, in which case the village may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and an evidentiary hearing.
(N) The establishment of a vested right under this section does not preclude the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation by the village, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.
(O) Otherwise applicable new regulations become effective with respect to property which is subject to a site-specific vesting plan upon the expiration or termination of the vesting rights period provided for in this section.
(P) Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of a local government to adopt and enforce development regulations governing nonconforming situations or uses.
(Ord., passed 6-23-21)