Title
Vote to adopt a resolution amending the Chatham County Subdivision Regulations; specifically, sections 2.3, 5.2, and 7.7 to amend language related to Concept Plan reviews and approvals
Abstract
Introduction & Background: During the frequent discussions about the upcoming UDO adoption and implementation many potential applicants, as well as staff, have started to consider the implications of permit choice and vested rights on projects submitted under the old county zoning and subdivision regulations. According to Chapter 160D and G.S. 143-755 if an applicant submits a permit application for any type of development and a rule or ordinance is amended between the time the application was submitted and a permit decision is made, the applicant may choose which adopted version of the rule or ordinance will apply to their permit and use of the building, structure, or use indicated in the permit application. The rule is broad and applies to any permit that would be issued by a state or local government.
Planning staff has made an in-depth analysis of the subdivision process during the UDO process and found a need to adjust the language and process regarding concept plan submittals. Concept Plan is the first step in the major subdivision process. Applicants generally have a conceptual layout and have done some environmental work to show the site conditions. The concern for staff is developers using the concept plan submittal for permit choice and creating a perpetual vested right. In theory, a developer could draw up a quick site plan, do some preliminary soil tests, talk to the neighbors, and then submit their concept plan application. It could then take years before the developer submits a first plat submittal. In the meantime, there may be new, more stringent, regulations in place for the tracts in question; but the developer can choose to be regulated under the older ordinance.
State statute allows for applicants to choose, and this right has not affected t...
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