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18 <br />-4- <br />A second concern raised.,by the public hearing requirement is <br />who is authorized to conduct a Tublic hearing and therefore, grant <br />the land use approval that establishes the vested right. Since an <br />argument can be made that an administrative official such as a <br />zoning officer is not authorized to conduct a public hearing, it <br />may be appropriate to designate the governing board or the board of <br />adjustment as the only bodies authorized to grant an approval that <br />establishes a vested right. <br />Once established, how long is a vested right valid and who is <br />entitled to the vested right? <br />Generally, a vested right remains valid for two years. A <br />vested right with a duration of longer than two years, but not <br />exceeding five years, may be authorized by the county for either a <br />site specific development plan or a phased development plan. In <br />the event that the county subsequently approves an amendment or <br />modification to the plan, the vesting period is not extended unless <br />such an extension is expressly approved by the county. <br />Once established, a vested right runs with the land. This <br />means that a successor in interest is entitled to exercise the <br />vested right held by the previous owner, as long as the vested <br />right remains otherwise valid. <br />How does the Act affect building permits? <br />The Act provides that a building permit shall not expire or be <br />revoked because of the running of time while a vested right is <br />outstanding. Therefore, despite the fact that G.S. 153A -358 <br />provides that a building permit expires six months after its <br />issuance if the authorized. work has not commenced, or if the work <br />has commenced, if, the work is discontinued for a period of twelve <br />months, so long as the vested right remains valid, a building <br />permit cannot expire regardless of whether work has commenced or <br />been "discontinued. <br />The Act also provides that a vested right shall terminate at <br />the end of the applicable vesting period with respect to buildings <br />and uses for which no valid building permit applications have been <br />filed. Should a valid application for a building permit be filed <br />within the vested period, the applicant is entitled to issuance of <br />the - permit. Thereafter, if the vested period expires, the <br />expiration of the building permit is governed by G.S. 153A -358. <br />Does the establishment'of•- a-vested right preclude the application <br />of subsequently enacted or amended land use regulations? <br />