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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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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/19/1997
Board
Board of Commissioners
Meeting Type
Regular
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153A-344.1. Vesting rights. <br /> <br />(a) The General Assembly finds and declares that it is necessary and desirable, as a matter <br />of public policy, to provide for the establishment of certain vested rights in order to ensure <br />reasonable certainty, stability, and fairness in the land-use planning process, secure the <br />reasonable expectations of landowners, and foster cooperation between the public and <br />private sectors in the area of land-use planning. Furthermore, the General Assembly <br />recognizes that county approval of land-use development typically follows significant <br />landowner investment in site evaluation, planning, development costs, consultant fees, and <br />related expenses. <br /> <br /> The ability ora landowner to obtain a vested right after county approval ora site specific <br />development plan or a phased development plan will preserve the prerogatives and <br />authority of local elected officials with respect to land-use matters. There will be ample <br />oppommities for public participation and the public interest will be served. These <br />provisions will strike an appropriate balance between private expectations and the public <br />interest, while scrupulously protecting the public health, safety, and welfare. <br /> <br /> (b) Definitions. <br /> <br /> (1) "Landowner" means any owner of a legal or equitable interest in real property, <br /> including the heirs, devisees, successors, assigns, and personal representative of such <br /> owner. The landowner may allow a person holding a valid option to purchase to act as <br /> his agent or representative for purposes of submitting a proposed site specific <br /> development plan or a phased development plan under this section, in the manner <br /> allowed by ordinance. <br /> <br /> (2) "County" shall have the same meaning as set forth in G.S. 153A-1 (3). <br /> <br /> (3) "Phased development plan" means a plan which has been submitted to a county by a <br /> landowner for phased development which shows the type and intensity of use for a <br /> specific parcel or parcels with a lesser degree of certainty than the plan determined by <br /> the county to be a site specific development plan. <br /> <br /> (4) "Property" means all real property subject to zoning regulations and restrictions and <br /> zone boundaries by a county. <br /> <br /> (5) "Site specific development plan" means a plan which has been submitted to a county <br /> by a landowner describing with reasonable certainty the type and intensity of use for a <br /> specific parcel or parcels of property. Such plan may be in the form of, but not be <br /> limited to, any of the following plans or approvals: A planned unit development plan, a <br /> subdivision plat a preliminary or general development plan, a conditional or special use <br /> permit, a conditional or special use district zoning plan, or any other land-use approval <br /> designation as may be utilized by a county. Unless otherwise expressly provided by the <br /> county such a plan shall include the approximate boundaries of the site; significant <br /> topographical and other natural features effecting development of the site; the <br /> approximate location on the site of the proposed buildings, structures, and other <br /> improvements; the approximate dimensions, including height, of the proposed buildings <br /> <br /> <br />
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