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AG 1997 05 19
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AG 1997 05 19
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Last modified
3/25/2002 6:28:31 PM
Creation date
11/27/2017 11:53:43 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/19/1997
Board
Board of Commissioners
Meeting Type
Regular
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ABOUT MORATORIA <br /> <br />[Sources: "Land Use and Development Moratoria" by David Owens, Popular <br />Government Fall 1990. Conversations with David Owens, faculty at the Institute <br />of Government, 4/97.] <br /> <br />A local government's authority in most land use matters comes from the zoning <br />enabling act or from general police powers to protect the health, safety and <br />general welfare of its citizens. There are no specific statutes that address <br />moratoria, but it is likely that the North Carolina courts will agree that cities or <br />counties have the authority to adopt "reasonably limited development <br />moratoria." It is important for the local government to specify whether it is <br />relying on general police power or the zoning enabling act as its statutory basis <br />for imposing a moratorium. We recommend using general police powers so we <br />have advertised a public hearing. It is also wise to follow standard zoning <br />procedures to protect the local government from challenges based on failure to <br />use due process, and the public hearing also adheres to this requirement. <br /> <br />A Moratorium must (1) be based on a clearly documented need, and (2) have a <br />limited duration that is based on the time it takes to address the reasons for its <br />imposition. It should address all the land uses that generated the need for the <br />moratorium, but no others. In other words, a moratorium ordinance should be <br />as specific and limited as possible with regards to its cause, duration, geographic <br />coverage and subject matter coverage. <br /> <br />MORATORIA OPTIONS <br /> <br />According to David Owens, a long moratorium on building permits (e.g. one <br />year) based on school capacity and funding is probably not reasonable. A <br />moratorium of 60 to 90 days, however, may be justified. Although David Owens <br />did not speak to this directly, a moratorium on the approval of new <br />development may be of longer duration and would not be subject to vested <br />rights clause. If a project has been approved, a building permit has been <br />granted, or substantial investment has been made in good faith reliance upon <br />government approval, the project can generally be completed as approved. The <br />Cabarrus County Zoning Ordinance establishes vested rights on any property <br />for two years, upon the valid or conditional approval of a site specific or phased <br />development plan, following notice and public hearing by the Planning and <br />Zoning Commission (Section 1-8). The landowner has the right to undertake <br />and complete the development and use of the property for a period of two years. <br />That section is based on G.S. 153A - 344.1 which is attached. In addition, there is <br />substantial case law that good faith reliance of government approval and <br /> <br /> <br />
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