09/16/91 Zoning Vested Right Ordinance1LCU �C G
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GAYLE P. HOLDER
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R�nE��GISTEP, OF DEEDS
AN ORDINANCE IMPLEMENTING THE SAW- 1`+bT4Ti' O'0FUffE'p N1CI GHT
PROVISIONS OF G.S. 153A -344.1
WHEREAS, the North Carolina General Assembly ratified Senate Hill
766 on July 20, 1990 as Chapter 996 of the 1989 Session Laws,
effective October 1, 1991; and
WHEREAS, Chapter 996 has been codified as G.S. 153A- 344.1; and
WHEREAS, G.S. 153A -344.1 provides for the establishment of a
statutory "vested right” upon approval of a "site specific
development plan "; and
WHEREAS, the County of Harnett is authorized and required to
identify the specific types of zoning or land use approvals that
constitute a "site specific development plan" within the meaning
of G.S. 153A- 344.1;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of the County of Harnett, North Carolina:
Section 1. Purpose.
The purpose of this ordinance is to implement the provisions of
G.S. 153A -344.1 pursuant to which a statutory zoning vested right
is established upon the approval of a site specific development
plan.
Section 2. Definitions
As used in this ordinance, the following terms shall have the
meaning indicated:
Approval authority - The Board of County Commissioners, Board
of Adjustment or other board or official designated by
ordinance as being authorized to grant the specific zoning or
land use permit or approval that constitutes a site specific
development plan.
Site specific development plan - A plan of land development
submitted to the county for purposes of obtaining one of the
following zoning or land use permits or approvals:
1) Site plans required by Article VI, Zoning Ordinance
2) Subdivision plats
3) Manufactured Home parks
Notwithstanding the foregoing,
plan nor any other document
reasonable certainty the type
specified parcel or parcels of
site specific development plan.
neither a variance, a sketch
that fails to describe with
and intensity of use for a
property shall constitute a
Zoning vested right - A right pursuant to G.S, 153A -344.1 to
undertake and complete the development and use of property
under the terms and conditions of an approved site specific
development plan.
Section 3. Establishment of a Zoning Vested Right.
(a) A zoning vested right shall be deemed established upon
the valid approval, or conditional approval, by the Board
of County Commissioners or Board of Adiustment, as
applicable, of a site specific development plan,
following notice and public hearing.
(b) The approving authority may approve a site specific
development plan upon such terms and conditions as may
reasonably be necessary to protect the public health,
safety, and welfare.
(c) Notwithstanding subsections (a) and (b), approval of a
site specific development plan with the condition that
a variance be obtained shall not confer a zoning vested
right unless and until the necessary variance is
obtained.
(d) A site specific development plan shall be deemed approved
upon the effective date of the approval authority's
action or ordinance relating thereto.
(e) The establishment of a zoning vested right shall not
preclude the application of overlay zoning that imposes
additional requirements but does not affect the allowable
type or intensity of use, or ordinances or regulations
that are general in nature and are applicable to all
property subject to land -use regulation by the county,
including, but not limited to, building, fire, plumbing,
electrical, and mechanical codes. Otherwise applicable
new or amended regulations shall become effective with
respect to property that is subject to a site specific
development plan upon the expiration or termination of
the vested right in accordance with this ordinance.
(f) A zoning vested right is not a personal right, but shall
attach to and run with the applicable property. After
approval of a site specific development plan, all
successors to the original landowner shall be entitled
to exercise such right while applicable.
Section 4. Approval Procedures and Approval Authority.
(a) Except as otherwise provided in this section, an
application for site specific development plan approval
shall be processed in accordance with the procedures
established by ordinance and shall be considered by the
designated approval authority for the specific type of
zoning or land use permit or approval for which
application is made.
(b) Notwithstanding the provisions of subsection (a), if the
authority to issue a particular zoning or land use permit
or approval has been delegated by ordinance to a board,
committee or administrative official other than the Board
of County Commissioners, Board of Adjustment or other
planning agency designated to perform any or all of the
duties of a board of adjustment, in order to obtain a
zoning vested right, the applicant must request in
writing at the time of application that the application
be considered and acted on by the Board of County
Commissioners or Board of Adjustment, as applicable,
following notice and public hearing as provided in G.S.
153A -323.
(c) In order for a zoning vested right to be established upon
approval of a site specific development plan, the
applicant must indicated at the time of application, on
a form to be provided by the county, that a zoning vested
right is being sought.
(d) Each map, plat, site plan or other document evidencing
a site specific development plan shall contain the
following notation: "Approval of this plan establishes
a zoning vested right under G.S. 153A- 344.1 ".
(e) Following approval or conditional approval of a site
specific development plan, nothing in this ordinance
shall exempt such a plan from subsequent reviews and
approvals to ensure compliance with the terms and
conditions of the original approval, provided that such
reviews and approvals are not inconsistent with the
original approval.
(f) Nothing in this ordinance shall prohibit the revocation
of the original approval or other remedies for failure
to comply with applicable terms and conditions of the
approval or the zoning ordinance.
Section 5. Duration.
(a) A zoning right that has been vested as provided in this
ordinance shall remain vested for a period of two years
unless specifically and unambiguously provided otherwise
pursuant to subsection (b). This vesting shall not be
extended by any amendments or modifications to a site
specific development plan unless expressly provided by
the approval authority at the time the amendment or
modification is approved.
(b) Notwithstanding the provisions of subsection (a), the
approval authority may provide that rights shall be
vested for a period exceeding two years but not exceeding
five years where warranted in light of all relevant
circumstances, including, but not limited to, the size
of the development, the level of investment, the need for
or desirability of the development, economic cycles, and
market conditions. These determinations shall be in the
sound discretion of the approval authority at the time
the site specific development plan is approved.
(c) Upon issuance of a building
provisions of G.S. 153A -3511 and
of G.S. 153A -362 shall apply,
permit shall not expire or be
running of time while a zoning
section is outstanding.
Section 6. Termination.
permit, the expiration
the revocation provisions
except that a building
revoked because of the
vested right under this
A zoning right that has been vested as provided in this ordinance
shall terminate:
(a) at the end of the applicable vesting period with respect
to buildings and uses for which no valid building permit
applications have been filed;
(b) with the written consent of the affected landowner;
(c) upon findings by the Board of County Commissioners, by
ordinance after notice and a public hearing, that natural
or man -made hazards on or in the immediate vicinity of
the property, if uncorrected, would pose a serious threat
to the public health, safety, and welfare if the project
were to proceed as contemplated in the site specific
development plan;
Eli
(d) upon payment to the affected landowner of compensation
for all costs, expenses, and other losses incurred by the
landowner, including, but not limited to, all fees paid
in consideration of financing, and all architectural,
planning, marketing, legal, and other consultant's fees
incurred after approval by the County, together with
interest thereon at the legal rate until paid.
Compensation shall not include any diminution in the
value of the property which is caused by such action;
(e) upon findings by the Board of County Commissioners, by
ordinance after notice and a hearing, that the landowner
or his representative intentionally supplied inaccurate
information or made material misrepresentations which
made a difference in the approval by the approval
authority of the site specific development plan; or
(f) upon the enactment or promulgation of a State or Federal
law or regulation that precludes development as
contemplated in the site specific development plan, in
which case the approval authority may modify the affected
provisions, upon a finding that the change in State or
federal law has a fundamental effect on the plan, by
ordinance after notice and a hearing.
Section 7. Limitations.
Nothing in this ordinance is intended or shall be deemed to create
any vested right other than those established pursuant to G.S.
153A- 344.1.
Section 8. Repealer.
In the event that G.S. 153A -344.1 is repealed, this ordinance shall
be deemed repealed and the provisions hereof no longer effective.
Section 9. Effective Date.
This ordinance shall be effective October 1, 1991 and shall only
apply to site specific development plans approved on or after
October 1, 1991.
Duly adopted this 16th day of September, 1991
HARNE T COUNTY BOARD OF COMMISSIONERS
04 _
Wvr AOL yd G Stewart, Chairman
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4V. /Young, C rk t(b the Board
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REGISTER OF DEEDS