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20 <br />8. <br />full Senate. If counties do,.not comply with the law, 'the HSA is <br />likely. to use that fact in seeking additional legislation from the <br />General Assembly. <br />Conclusion <br />At the outset of G.S. 153A- 344.1, the General Assembly states <br />its purpose for enacting the law by declaring that "it is necessary <br />and desirable, as a matter of public policy, to provide for the <br />establishment of certain vested rights in order to ensure <br />reasonable certainty, stability, and fairness in the land -use <br />planning process, secure the reasonable expectations of landowners, <br />and foster cooperation between the public and private sectors in <br />the area of land =use planning." This Act, although not perfect, <br />addresses these objectives. Significantly, the Act allows local <br />governments to consider their own land use ordinances and local <br />situations in determining what land use approval decision should <br />trigger the creation of a vested right. <br />The critical task for each county is to draft an ordinance <br />that not only complies with the mandate and provisions of the Act, <br />but also reflects the county's own special needs. At a minimum, <br />the ordinance should contain precise definitions of a site specific <br />development plan and phased development plan (if the 'latter is <br />desired), indicate what decision and procedural requirements are <br />necessary to trigger a vested right, and set forth the duration of <br />a vested right and how such a right can be terminated. <br />The attached ordinance is only a model. Each county should <br />carefully draft an ordinance that takes into account the particular <br />. zoning and land -use problems facing their community. <br />If you have questions or comments about the Act or the model <br />ordinance, please feel free to contact JoAnne Spell at the <br />Association at (919) 832 -2893. <br />a: \Q &AVEST.SAK \pc \dhwkdisk <br />