Sec. 10.2.18. Vested Rights

10-2-18
  1. Applicability
    Those landowners desiring the protections granted by N.C. Gen. Stat. §160D-108.1 may, at their own option, request the City Council to hold a public hearing on a site plan.
  2. Application Requirements
    An application for a vested right determination shall be submitted in accordance with Sec. 10.2.1.B.
  3. City Council Action
    1. Following notice as required in Sec. 10.1.8., the City Council shall hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1.
    2. The City Council may impose conditions and terms on any site plan for which a vested rights hearing has been requested by the landowner.
    3. Before a request for a vested right is granted, the City Council must find that all of the following are met:
      1. The approved site plan complies with all applicable provisions of this UDO and other applicable technical requirements of the City.
      2. If the approved site plan was conditionally approved upon the obtaining of any governmental approval and or street closing, such governmental approvals and street closings were in fact obtained.
      3. Access with respect to pedestrian, bicycle and automotive safety, traffic flow and emergency service is adequate.
      4. The lot upon which the site plan is located complies with approved subdivision plans for the site.
      5. The site plan coordinates with existing and planned public facilities, such as and without limitation:
        1. Stormwater drainages structures;
        2. Public utilities;
        3. Street and sidewalk and on-street parking;
        4. Parks, greenways and governmental recreational facilities;
        5. Fire stations and community service facilities;
        6. Trash collection; and
        7. Transit stops and facilities.
    4. Approval of a vested rights site plan with the condition that a variance or special use permit be obtained shall not confer a vested right unless and until the necessary variance or special use permit is obtained. In all other instances, the approved plan shall be deemed vested upon approval by the City Council. The City Council shall not require landowners to waive their vested rights as a condition of approval of the plan.
  4. Action Following Approval
    1. Following the vesting of a site plan, the landowners and their successors shall be entitled to submit to Development Services, final plans, together with any valid building permit applications of the total area of any section or phase of the approved vested plan, within a period of not more than 2 years after the approval of the vested site plan.
    2. If submissions were timely made and if within 3 years after approval of building permit applications, at least ½ of the total floor area gross shown on the vested plan is completed, building permit applications for the remaining portions of the vested site plan for which no previous valid building permit applications has been filed, shall be processed by the City for an additional period not exceeding 5 years from the approval date of the plan.
    3. Following the approval or conditional approval of a vested site plan, nothing in this section shall exempt such plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, the UDO existing at the time of approval and subsequent laws as permitted in Sec. 10.2.19.D.5. below.
    4. If noncompliance is discovered, revocation of the site plan and remedies authorized by Article 10.4. Enforcement may be undertaken by the City, notwithstanding the vesting of the site plan.
    5. Site plans which are vested under this section shall be subject to new or amended zoning regulations as allowed by State law and such vested rights shall terminate for any of the reasons stated in N.C. Gen. Stat. §160D-108.1(e).