The memo summarizes vesting requirements for site plans under the current state statute and the City of Raleigh UDO, noting some differences. It also outlines proposed revisions to the state statute that would establish five types of vested rights with time periods ranging from 6 months to indefinite, including allowing multi-phase developments of over 100 acres to have rights vested for 7 years. The administrator seeks input on whether the proposed changes would preempt the city's more generous 3-year vesting period for site plans.

1. City of Raleigh, NC
Gary D. Mitchell, AICP
Planning & Zoning Administrator
1 Exchange Plaza
Suite 300
PO Box 590
Raleigh, NC 27602-0590
gary.mitchell@raleighnc.gov
www.raleighnc.gov
MEMO
To: Ken A Bowers, Director of Planning
Travis Crane, Assist Director of Planning
From: Gary D. Mitchell, Planning & Zoning Administrator
Date: September 28, 2016
Re: Vesting of Site Plans
Please check out the section on vesting? It seems to me that it preempts our generous 3
year vesting period for site plans, and would require a public hearing for any period over a
year.
Our UDO Requirements:
 10.2.8 E states that a building permit must be obtained within 3-years of the date of
site plan approval. Additionally the approved site plan shall expire 3-years from its
approval date unless the applicant has been granted vested rights or a building
permit has been issued. Under certain conditions, a 2-year extension to submit a
building permit may be granted.
 Additionally, within 4-years after the issuance of the first building permit the entire
site must be constructed unless the applicant has been granted vested rights.
Without vested rights and failure to complete construction within 4-years shall
automatically void the approved site plan for portions that have not been granted
building permits.
 10.2.19 states that an applicant may request the City Council to hold a public
hearing on their site plan for a vested rights determination. City Council may
determine a site plan may be vested pending certain conditions. If a variance or
special use permit is required, the site plan is not vested until the variance or
special use permit has been granted.

2.  The applicant who received the vested site plan has 2-years to submit a final
plans/building permits for a portion or the entire site.
 Within 3-years of after approval of the building permits for at least 50% (1/2) of the
total floor area is to be completed. The remaining portion of the vested site plan has
5-years from the original approval date to complete the remaining portion of the
development.
State Statue Requirements:
 A vested right shall be deemed established with respect to any property upon the valid
approval, or conditional approval, of a site specific development plan or a phased
development plan. A right which has been vested as provided for in this section shall
remain vested for a period of 2-years.
 Unless provided otherwise by law, all rights, privileges, benefits, burdens, and
obligations created by development approvals made pursuant to this Chapter attach to
and run with the land.
 If the ordinance or regulation is changed by the governing body between the time the
application was submitted and a decision is made, the applicant may choose which
version of the rule or ordinance will apply to the application.
 In the event the governing body fails to adopt an ordinance setting forth what
constitutes a site specific development plan triggering a vested right, a landowner may
establish a vested right with respect to property upon the approval of a zoning permit
(at a minimum, the ordinance to be adopted by the city shall designate a vesting point
earlier than the issuance of a building permit). Notice that the permit has to be
approved – not just submitted for review.
 A site plan, which has been vested, shall remain vested for a period of 2-years. This
vesting shall not be extended by any amendments or modifications to a site specific
development plan unless expressly provided by the governing body.
 The governing body may provide that rights shall be vested for a period exceeding 2-
years but not exceeding 5-years where warranted in light of all relevant circumstances,
including, but not limited to, the size and phasing of development, the level of
investment, the need for the development, economic cycles, and market conditions.
Our UDO permits such an extension provided that 50% of the development has been
permitted and constructed.
Proposed Revisions to State Statue Requirements:
 This proposal specifically establishes 5 types of vested rights:
o 6-months based upon a building permit being filed and approved;

3. o 1-year for other local development permits unless work has not substantially
commenced;
o 2 to 5-years for site specific vesting plans;
 A site specific vesting plan shall remain vested for a period of 2-years
and extend to any amendments/modifications to s site specific vesting
plan.
 If a local governing body fails to establish an ordinance that establishes
site specific vesting plan, then any local development approval shall be
considered a site specific vesting plan.
o 7-years multi-phase development plans; such approvals are vested for the entire
development with the zoning and other regulations in place at the time of the
site plan approval. A multi-phased development is a development which
contains greater than 100 acres, construction is to occur in more than 1-phase,
and is subject to a master development plan including land committed for or
offered for public use.
o Indefinite-Development agreements; a vested right of reasonable duration
maybe be specified in a development agreement.
Summary
 The state statue says that a site plan is vested for minimum period of 2-years. Our
UDO allows a 3 -year time period from site plan approval date.
 The state statue says a governing body may establish a process allowing vested site
plan approval to last more than 2-years. Our UDO has such a process outlined in
10.2.19 provided City Council makes certain determinations.
 An applicant who has received a vested site plan determination has 2-years from
vested site plan date (VSPD) to submit permits and a total of 5-years from the VSPD
to complete the entire project, provided at least 50% of the project has been
completed in 3-years from the VSPD.
 The major change proposed in the revision to the state law is the calling out of 5
types of vested rights and their respective time periods. Especially the 4th type of
vested right for multi-phased developments sets forth a longer time period (7-years)
and defines a multi-phased development.