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December 20, 2004 (Regular Meeting) Page 36 basis of vested rights under common law or accrued pursuant to NCGS 153A-344.1 prior to the date of adoption of this 100 may submit an application for a Vested Rights Determination directly to the Board of Commissioners, or their designated agency, on the following grounds: (1) Claiming entitlement to a land use approval on the basis of established principles of common law vesting, equitable estoppel or contractual rights development agreement) provided the applicant proves by a prE!ponderance of evidence that the owner or contract purcha~erl acting in good faith reliance upon some act or omission of the County, has made a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the property; or (2) Claiming entitlement to development approval on the basis of other vested rights principles under NCGS 153A-344.1. (3) An application for a Vested Rights Determination shall be filed within Thirty (30) days after the effective date of this 100. An application for a Vested Rights Determination shall include the following: (1) A technically complete, sworn application on a form prepared by the County, together with a non-refundable fee of Two Hundred and Fifty ($250.00) Dollars; (2) The name and address of the applicant, who shall be the owner, contract purchaser or a person authorized to apply on behalf of the owner; if the property is owned by more than one person, any owner or an authorized agent of the owner may apply; (3) A legal description and survey of the property which is the subject of the application; (4) The name and address of each owner and contract purchaser of the property; (5) Identification by specific reference to all site specific development plans, approvals, applications, letters, maps or other documents; or any ordinance, resolution or other action of the County, or failure to act by the County, upon which the applicant relied and which the applicartt: believes to support the owner's vested rights claim notwithstanding such land use approval would not be granted under the terms of the 100; (6) A statement of facts which the applicant intends to prove in support of the application; and (7) Such other relevant information that the County may request. SECTION B. EFFEt~ O~ EXIS~ING ORDINANCES; CONFLICT (1) Effect. This 100 is not intended to amend or repeal any existing County ordinance or regulation. To the maximum extent possible, the requirements of this 100 shall be deemed to be supplemental to, and not in substitution of, existing County ordinances and regulations. Wherever possible, all shall be given effect. Conflict. To the extent of any conflict County ordinances or regulations and this restrictive is deemed to be controlling. (2) between other IDO, the more SECTION 9. SEVERABILITY If any section, subsection, sentence; clause or phrase of this 100 is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this 100. SECTION 10. DECLARATION OF EMERGENCY The Board of Commissioners hereby finds, that an emergency exists for the determines and declares reason that continued