Agenda - 10-07-1991 - Laserfiche WebLink

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17 -3- A county may condition approval of a development plan upon such terms as may "reasonably. be necessary to protect the public health, safety, and welfare." However, a county cannot require a landowner to waive his vested rights as a condition of approval. Since the Act does not affect the standard for establishing vested rights upon issuance of a building permit or upon meeting the court -- created common law or constitutional standards (the good faith substantial expenditures test), a property owner may still acquire the rights that are vested by those methods. What procedures are necessary in order to establish a vested right? Generally, the Act does not require additional procedures beyond those established by statute or ordinance for the underlying land use approval that constitutes the site specific development plan or phased development plan. However, the Act does provide that the approval follow notice and public hearing. The Act does not indicate what kind of notice and hearing is required. With respect to the notice requirement, one plausible interpretation is that the provisions of G.S. 153A -323 and Chapter 160A, Article 19 apply and, therefore, notice must be published in a newspaper having general circulation once a week for two successive weeks. On the other hand, these sections apply to proposed ordinance amendments and not permitting decisions. In fact, there is no statutory notice requirement for permitting decisions. Rather, notice of a pending permit, whether by publication, posting or mail, is typically given pursuant to an ordinance provision. Since the vested right follows from a quasi - judicial or administrative approval, compliance with the ordinance notice requirement for the underlying land use approval should be sufficient. However, a county may choose to comply with the notice requirements of G.S. 153A -323 and Chapter 160A, Article 19. Regarding the hearing requirement, the first issue is what kind of hearing is required. Although the Act uses the term "Public hearing ", thereby implying the kind of broad policy discussion-typically conducted when legislative.dec,isions such as zoning amendments are pending, the vested right is established upon the- -- approval -of - -a land - use permit, a quasi - judicial or administrative -- decision, and a quasi- judicial or "evidentiary" hearing should be- sufficient. Therefore, the type of hearing typically - conducted by the governing board or board of adjustment when considering a conditional or special use permit application is appropriate. -OVER-