(A) Definitions.
(1) VESTED RIGHT. A right pursuant to G.S. 160-385.1 to undertake and complete the development and use of property under the terms of and conditions of an approved site-specific or phased development plan.
(2) SITE SPECIFIC DEVELOPMENT PLAN. A plan of land development which has been submitted to the town by a landowner describing with
reasonable certainty the type and intensity of use for a specific parcel or parcels of land. Approval of the following constitutes approval of a site-specific development plan:
(a) A site plan pursuant to § 156.022 of this chapter;
(b) A conditional use permit pursuant to § 156.063 of this chapter;
(B) Establishment.
(1) A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan by the Town Board following notice and public hearing requirements as provided in G.S. 160A-364. A site specific development plan shall be deemed approved upon the effective date of approval by the approving authority or ordinance relating thereto, and only to the extent of that approval.
(2) Neither a variance, a sketch plan nor any other document that does not describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site specific development plan.
(3) The establishment of a vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulation by the local jurisdiction, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section.
(4) A vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.
(C) Duration.
(1) A right which has been vested as provided for in this section shall remain vested for a period of two years.
(2) This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approving authority at the time the amendment or modification is approved.
(3) Following approval, or approval with conditions, of a site specific development plan, nothing in this section 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.
(D) Termination. A right that has been vested as provided in this section shall terminate upon any of the following:
(1) No building permit. Termination of the applicable vesting period with respect to buildings and uses for which no valid building permit has been issued or for which a valid building permit has expired;
(2) Written consent. Written consent of the affected landowner;
(3) Threat to public health or safety. Findings by the Zoning Enforcement Officer, who must present the findings to the Town Board for them to adopt by ordinance, that natural or constructed 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 development plan;
(4) Compensation. Compensation to the affected landowner 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 consultant's fees incurred after approval by the local jurisdiction, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;
(5) Misrepresentation. Findings by the Town Board, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Town Board of the site specific development plan; or
(6) State or federal law. Enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the Town Board 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 a hearing.
(Am. Ord. passed 9-14-2016)