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11 <br />"SECTION 5.1.(a) This act does not revive a vested right to the water or sewer allocation <br />associated with a development approval that expired between January 1, 2008, and August 5, <br />2009, and is revived by the operation of this act if both of the following conditions are met: <br />(1) The water or sewer capacity was reallocated to other development projects <br />prior to August 5, 2009, based upon the expiration of the development <br />approval. <br />(2) There is not sufficient supply or treatment capacity to accommodate the <br />project that is the subject of the revived development approval. <br />"SECTION 5.1.(b) A person whose development approval is revived under this act but <br />whose water or sewer allocation is not revived under this section must be given first priority if <br />additional supply or treatment capacity becomes available. <br />"SECTION 5.2.(a) This section applies only to Union County. <br />"SECTION 5.2.(b) When a development approval that is contingent upon connection to a <br />water supply system or a sanitary sewer system is suspended under Section 4 of this act and <br />there is not sufficient supply or treatment capacity to accommodate requests for additional <br />allocation, the local government that granted the allocation may reallocate r~~reauested <br />capacity from projects whose approvals are suspended but are not ready to proceed, if the local <br />government meets all of the following requirements: <br />(1) Establishes an allocation plan for existing capacity that determines actual <br />capacity and provides for a fair and equitable process to distribute the <br />remaining capacity. <br />(2) Establishes a reallocation plan to meet requests for capacity above permitted <br />capacity that is fair and equitable and requires the following: <br />a. That an applicant for a new or additional allocation demonstrate the <br />ability to begin construction. <br />b. That the holder of a development permit suspended under Section 4 <br />of this act demonstrate the ability or intent to begin construction in <br />no less than 120 days in order to retain the reserved capacity. <br />(3) Does not reallocate capacity to exceed the amount of the reserved capacity. <br />"SECTION 5.2.(c) This act does not reduce the original period of a development permit. <br />"SECTION 6. Within 30 days after the effective date of this act, each agency or <br />subdivision of the State to which this act applies shall place a notice in the North Carolina <br />Register listing the types of development approvals that the agency or subdivision issues and <br />noting the extension provided in this act. This section does not apply to units of local <br />government. <br />"SECTION 7. The provisions of this act shall be liberally construed to effectuate the <br />purposes of this act. <br />Complete any infrastructure necessary in order to obtain a certificate of <br />occupancy or other final permit approval from the issuing_~overnmental <br />enti <br />Page 4 Session Law 2010-177 SL2010-0177 <br />