Orange County NC Website
( 1 ) Section 11 - Definitions <br /> (2) Section III- D-2 Preliminary Plan Approval <br /> This item was presented by Mary Scearbo. In summary <br /> these provisions were presented to receive citizen comment for the <br /> vesting of property rights as required by Senate Bill 776, ratified <br /> July 22, 1990. Senate Bill 776 provides that local governments <br /> establish ordinance provisions pertaining to the point at which <br /> property rights become vested. The provisions of Senate Bill 776 <br /> go into effect on October 1 , 1991 . Currentlyā€˛ the right to <br /> complete a development, even if zoning regulations change, is <br /> vested when a building permit is issued. The project remains <br /> vested for as long as the building permit remains valid. A <br /> development may also be vested if there have been "substantial <br /> expenditures" made in good-faith reliance on an a approved permit. <br /> The new vesting legislation is in addition to this current law, and <br /> requires that a vested right be established for at least 2 years <br /> upon the approval , after a public hearing, of a "Site Specific <br /> Development Plan" . <br /> A motion was made by Commissioner Willhoit, seconded by <br /> Commissioner Gordon, to refer this item to the Planning Board for <br /> a recommendation to be returned to the Board of Commissioners no <br /> sooner than October 7th. <br /> VOTE: UNANIMOUS <br /> b. Payments in Lieu of Dedications-Section IV-B-7-b-6 <br /> This item was presented by Mary Scearbo. In summary this <br /> item was presented to receive citizen comment on a proposed <br /> amendment to the Subdivision Regulations regarding the use of <br /> funds received from payments made in lieu of recreation dedication. <br /> The North Carolina General Statutes Chapter 153A-331 (a) describes <br /> the contents and requirements of a county's subdivision control <br /> ordinance. Effective June 10, 1991 , this Section, as applicable <br /> to Orange County, was amended to allow the County to develop <br /> recreation areas using funds received from subdividers who make <br /> payments in lieu of dedicating land for recreation. Previously, <br /> the County could only acquire land with payment-in-lieu funds, by <br /> not developing the recreation area with monies from the same <br /> source. The proposed amendment to Section IV-B-7-b-6 will include <br /> development of recreation areas as a use for funds received from <br /> payments made in lieu of dedication. <br /> A motion was made by Commissioner Insko, seconded by Chair <br /> Carey, to refer this item to the Planning Board for a <br /> recommendation to be returned to the Board of Commissioners no <br /> sooner than October 7th. <br /> VOTE: UNANIMOUS <br /> 5. SCHEDULE OF PLANNING FEES <br /> (a) Re-Approval of Expired Subdivision Plats <br /> (b) Site Plan Approval - Non-Residential Projects <br /> ( 1 ) Plans Requiring Certification <br /> (2) Plans Not Requiring Certification <br />