Agenda - 10-07-1991 - Laserfiche WebLink

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16 -2- What is a vested right for purposes of G.S. 153A -344.1 ( "the Act ")? A "vested right" means "the right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development plan." It is the Association's position that a vested right established under this statute provides protection only against zoning changes that would affect the allowable type or intensity of use. In addition to this statutory vested right, other "vested rights" may be established either by issuance of a building permit (G.S. 153A- 344(b)) or upon making substantial expenditures in good faith reliance on a governmental approval (the common law vested rights doctrine recognized by North Carolina courts). Hoar is a vested right established under the Act? A vested right is established with respect to any property upon the valid approval, or conditional approval, of a site specific development plan or a phased development plan, following notice and a public hearing by the county with jurisdiction over the property. A site specific development plan is "a plan which has been submitted to a county by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property." A phased development plan is "a plan which has been submitted to a county by a landowner for phased development 'which shows the type and intensity of use for a specific parcel or parcels with a lesser degree of certainty than the plan determined by the county to be a site specific development plan." The Act. requires each county to identify by ordinance what constitutes a site specific development plan that will trigger a vested right... Among the types of approvals or permits that may constitute a site specific development plan are: a subdivision plan, a conditional or special use permit, a site plan, and a planned unit development plan. The identification of the zoning or other land use approvals that constitute a site specific development plan is the major discretionary decision delegated to counties under the Act. Conversely, the Act gives a county the option of adopting an ordinance that provides for the vesting of rights on the basis of an approved phased development plan. If vested rights are granted upon approval of a phased'development.plan, the county may require the landowner to submit -for final approval a site specific development plan for each phase of development.