§ 2.9. Vested right.

2.9-1. Definition.

Vested right means the right to undertake and complete the development of property under the terms and conditions provided in this section.

2.9-2. Duration.

1.

A vested right is established for two years upon preliminary approval of a major subdivision, in accord with the provisions of section 2.6-3, and/or approval of a land development project, in accord with the provisions of section 2.6-4.

2.

A vested right may be extended at the end of the vesting period for an additional 12 months, or 36 months for a phased development plan, upon request by the applicant and a determination by the planning commission that there is just cause for extension and that the public interest is not adversely affected.

3.

A validly issued building permit does not expire or is not revoked upon expiration of a vested right, except for public safety reasons or as prescribed by the applicable building code.

2.9-3. Amendment.

A vested site-specific development plan or vested phased development plan may be amended if approved by the planning commission pursuant to the provisions of this section.

2.9-4. Revocation.

A vested right to a site-specific development plan or phased development plan is subject to revocation by the planning commission upon determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.

2.9-5. Applicability of other regulations.

1.

A vested site-specific development plan or vested phased development plan is subject to later enacted federal, state, or local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical, and mechanical codes in force at the time of the issuance of the building permit.

2.

A vested site-specific development plan or vested phased development plan is subject to subsequent local governmental overlay zoning that imposes site plan-related requirements but does not affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses.

3.

A change in the zoning district designation or land use regulations made subsequent to vesting that affect real property does not operate to affect, prevent, or delay development of the real property under a vested site-specific development plan or vested phased development plan without consent of the landowner.

4.

The planning commission must not require a landowner to waive his vested rights as a condition of approval of a site-specific development plan or a phased development plan.

2.9-6. Vested right to run with property.

A vested right pursuant to this section is not a personal right, but attaches to and runs with the applicable real property. The landowner and all successors to the landowner who secure a vested right pursuant to this section may rely upon and exercise the vested right for its duration subject to applicable federal, state, and local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right.

This section does not preclude judicial determination that a vested right exists pursuant to the other statutory provisions. This section does not affect the provisions of a development agreement executed pursuant to the South Carolina Local Government Agreement Act in Chapter 31 of Title 6.

(Ord. No. 04-08, 11-2-2004)