Orange County NC Website
`1,R] <br />buildings, structures, and other impro-_ementsL the approximate <br />dimensions, including height, of the_.Droposed buildings and other <br />structures and the al2proximate location of all existing and <br />ana Deaestrlan walkwnve What rnm -%zn mtpc It cite cnor -iFir- <br />develo menr plan under- this section that would trijZkjer a vested <br />right shall be finally 'determined_ by the Caunty pursuant to an <br />ordinance, and-the-document that tri�•�� <br />, <br />ers such vesting shall be so <br />� .,_ <br />identified at the time of its approval. However, at a „minim_um the <br />ordinance to he adopted by the county shall designate a vestin,r <br />paint . earlier than the issuance of a building_ permit. A variance <br />shall not constitute a site specific development Dian_ and aonroval <br />Until the necessary variance is obtained. Neither a sketch plan nor <br />anv other document which fails to describe with reasonable <br />certainty the tvpe and intensity of tie, for a specified parcel or <br />12arcels or property may constitute a sitespecific development plan. <br />(6� `Vested right' means the right to undertake and complete the <br />development and use of l2roperty under the terms and conditions <br />of an approved site specific development plan or an approved <br />phased development plan. <br />(c ) Establishment of vested right. <br />A vested right shall be deemed established with _respect to any property upon the <br />id anoroval, or conditional approval, of a site soecific develooment Dian or a <br />phased development plan, followinlr notice and Dublic hearing by the cnunty with <br />rt v <br />rlgnt to undertake and complete_ the development and use of said oronerty under the <br />plan including any amendments thereto. A county may agl2rove a site s ecific <br />develol2ment plan or a phased development plan u on sLIch term; and conditions as <br />may reasonabl be necessary to proleCE the public health safety. and welfare. Such <br />conditional approval shall result in a vested ri ht. althou h failure to abide by such <br />terms and conditions will result in a forfeiture of vested ri hts. A county shall not <br />require a landowner to waive his vested ri hts as a condition of developmental <br />approval. A site specific _ de-velopment elan or a phased development plan shall be <br />deemed app-roved upon the effective date of the county's action or ordinance relating <br />thereto. <br />d Duration and termination of vested right. <br />u A right which has been vested as provided for in this section shall <br />remain vested fora period of tw-o years. This yesting shall not be <br />extended by anv amendments or modifications to a sitespecific <br />develooment plan unless exi)ressty provided by the county <br />M2 <br />e tha <br />v ma <br />relevant circumstances including, but not limited to -the size and <br />phasing of development, the level of investment the need for the <br />development. economic cycles_ and market conditions. These <br />determinations shall be in the sound discretion of the county <br />C31 Notwithstanding the provisions of (d, )(1 and (d)(2). the county <br />may provide by ordinance that._a,pproval by a county of a phased <br />development plan shall vest the zoning classification or <br />classifications so approved for_ a _ period not to exceed five vears. <br />111C UUCument mat triggers sucn vestin snail be so tdentified at <br />the time of its approval. The county still may re uire the <br />landowner to submit a site specific development plan for approval <br />by the county with resnert to Parh nhaca nr nhneAc in nrri mr <br />UVW111 1111ai du JrUVaI W Ueyeinn Wltnln tne,_restrlCUOn OC the <br />Vested zoning classification or classifications. Nothing in this <br />phased development plan. <br />