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(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. Currently„ 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 />