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Failure to meet the criteria for site plan approval listed herein, and/or to address all <br />review comments solicited during plan review, will result in denial of the application. <br />(F) If a plan is approved with conditions, no zoning authorization allowing Land-Disturbing <br />Activity or subsequent building permit shall be issued until all conditions of approval have <br />been met to the satisfaction of Orange County. <br />(G) Site plan approval and the issuance of a Zoning Compliance Permit does not establish a <br />vested right to develop the property should zoning regulations change subsequent to plan <br />approval. <br />2.5.5 Vesting of Site Plan <br />(A) At the option of the Applicant, a site plan may be vested for a period of not less than two <br />nor more than five years. Multi-phased developments, as defined in NCGS 160D-108, <br />shall be vested for a period of seven years from the time a site plan approval is granted <br />for the initial phase of the multi-phased development. <br />(B) To become vested, a site specific vesting plan must be approved by the Board of County <br />Commissioners through either the normal project approval process if the Board of County <br />Commissioners is the approval authority, or, in the case the Board of County <br />Commissioners is not the normal approval authority, by the Board of County <br />Commissioners after a legislative hearing. <br />(1) Said legislative hearing shall follow the public notification procedures set forth in <br />Section 2.8.7. <br />(2) The Board of County Commissioners may approve the site specific vesting plan <br />with such terms and conditions as may reasonably be necessary to protect the <br />public health, safety, and welfare. Such conditional approval shall result in a <br />vested right. Failure to abide by such terms and conditions shall result in a <br />forfeiture of vested rights. <br />(C) An approved site specific vesting plan shall contain the following statement: "Approval of <br />this plan establishes a zoning vested right under NCGS 160D-108. Unless terminated at <br />an earlier date, the zoning right shall be valid until _________." <br />(D) The site specific vesting plan for a project which requires the preparation of an <br />Environmental Impact Statement (EIS) in accordance with Section 6.16 of this Ordinance <br />shall not be approved until the EIS has been made available for public review, and has <br />been presented to the Board of County Commissioners in accordance with Section 2.23 <br />of this Ordinance. <br />2.5.6 Performance Guarantees <br />(A) If a Performance Guarantee is required, the provisions of Section 2.27 of this Ordinance <br />shall apply. <br />2.5.7 Additional Requirements for Overlay Districts <br />(A) Efland-Cheeks Highway 70 Corridor Overlay District <br />(1) Approval Requirements <br />Within the Efland-Cheeks Highway 70 Corridor Overlay District (ECOD), no <br />construction activity shall begin nor shall any conversion of existing single-family <br />residence to a non-residential land use, excavation, soil removal, grading or <br />disturbance of vegetation including trees, Land-Disturbing Activity associated <br />with a non-residential land use, be commenced, nor any sign erected until such <br />time as a site plan has been approved and a permit issued by the Planning <br />Director in accordance with this Section and Section 2.4 of this Ordinance. <br />(B) Efland Interstate Overlay District <br />111