Orange County NC Website
38 <br /> Slide #40 <br /> Proposed Conditions(Attachment 9) <br /> 7.Approval of this plan establishes a zoning vested right under NCGS 160D-108.Unless <br /> terminated at an earlier date,the zoning right shall be valid until March 19,2029.Approval of <br /> this plan establishes a zoning vested right under NCGS 160D-108.Unless terminated at an <br /> earlier date,the zoning right shall be valid until March 19,2029. <br /> ORANGE COUNTY <br /> NORTH CAROLINA <br /> Ashley Moncado said the applicant requested to vest their site plan, per section 2.5.5 of <br /> the Unified Development Ordinance (UDO). <br /> Chair Bedford asked Ashley Moncado to explain what vesting means. <br /> Ashley Moncado said that the applicant can request vesting of the site for up to five years. <br /> She said that means that someone can purchase the property but can only do what is on the <br /> approved site plan. She said any major modification to the site plan would have to come back to <br /> the county for approval. <br /> Chair Bedford asked what would expire in five years. She asked if that means they have <br /> five years to build according to the plan. <br /> Cy Stober said they had five years to begin building. He said the default is 18 months, <br /> and the UDO and state law provide for the applicant to request an extension to five years. He <br /> said if the county received a phased plan, then the default is seven years to begin construction. <br /> He said if at the time of expiration, if no activity has commenced, it would still be conditionally <br /> zoned, but the applicant would have to come back to the county to get reapproval. <br /> Commissioner Fowler asked if they did not do that, would it revert to previous zoning. <br /> Cy Stober said it would not revert. He said it would essentially be stale and have to be <br /> refreshed. He said it would not be a plan that the Planning Department could administratively <br /> approve. He said the applicant would have to go back through the hearing process and get <br /> everything reapproved. <br /> Ashley Moncado continued the presentation: <br />