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May 8, 1997 <br />Page 2 <br /> <br />Frank W. Clifton, County Manager <br />Jonathan Marshall, Planning Services Director <br />Sue B. Casper, Kenneth Mills, <br />Jeffery L. Barnhardt, <br />Dr. Franklin C. Niblock, Jr., <br />Carolyn Carpenter <br /> <br />approval of land-use development typically follows significant <br />landowner investment in site evaluation, planning, development <br />costs, consultant fees, and related expenses. <br /> <br />When the County grants preliminary residential subdivision approval <br />it creates vested rights in the lot owners to use the lots for <br />residential purposes. You cannot ban or delay the use of those <br />lots for residential housing without violating those vested rights. <br /> <br />Our State courts have already determined that a building moratorium <br />constitutes a "zoning action". Therefore, your action will fall <br />squarely under North Carolina General Statute 153A-344.1 (e) (1) <br />which requires.the County to compensate lot owners for all losses <br />resulting from a moratorium. I quote at length from this statute: <br /> <br />A vested right, once established as provided for in this <br />section, precludes any zoninq action by a county which would <br />change, alter, impair, prevent, diminish, or otherwise delay <br />the develoDment or use of the proDert¥ as set forth in an <br />approved site specific development plan or an approved phased <br />development plan, except: <br /> <br />a. With the written consent of the affected landowner; <br /> <br />Upon findings, by ordinance after notice and a public <br />hearing, that natural or man-made hazards on or in the <br />immediate vicinity of the property, if uncorrected, would <br />pose a serious threat to the public health, safety, and <br />welfare if the project were to proceed as contemplated in <br />the site specific development plan or the phased <br />development plan; <br /> <br />To the extent that the affected landowner receives <br />compensation for all costs, expenses, and other losses <br />incurred by the landowner, including, but not limited to, <br />all fees paid in consideration of financing, and all <br />architectural, planning, marketing, legal, and other <br />consultant's fees incurred after approval by the county, <br />together with interest thereon at the legal rate until <br />paid .... (Emphasis added). <br /> <br />If you impose a temporary moratorium on building permits, I am <br />certain the monetary loss to lot owners will be tremendous. Also, <br /> <br /> <br />