§ 14.2. Establishment of vested right.

1.

A vested right is established for two years upon the final approval of a site specific development plan.

2.

The Darlington County Planning Commission may, but shall not be required to, grant a vested right to a phased development plan. If the Darlington County Planning Commission decides to establish such vested right for a phased development plan, such vested right shall be for two years and shall be specifically and expressly approved by the Darlington County Planning Commission in writing when the phased development plan is approved. Unless otherwise specified, the vested right shall only apply to the specific phase being approved and does not apply to subsequent phases.

3.

A landowner of real property with a vested right may apply before the end of the vesting period, but not thereafter, to the Darlington County Planning Commission for an annual extension of the vested right. Darlington County Planning Commission must approve applications for at least five annual extensions of the vested right if a timely application for such an extension has been filed with the Darlington County Planning Commission; unless an amendment to the land development ordinances or regulations has been adopted that prohibits approval. If the application is not made in a timely order by the landowner to the Darlington County Planning Commission for an annual extension, the vested period or annual extension applicable to such real property shall expire at the end of the vested period or the annual extension thereof.

4.

A vested right in a site specific development plan or phased development plan shall not attach until all plans have been received and approved and all fees paid in accordance with the procedure outlined in this ordinance. All administrative appeals must be resolved in favor of the applicant before a vested right attaches. Upon approval, such vested right must attach prior to the issuance of a building permit, but not later that authorization to proceed with investments in infrastructure.

5.

The Darlington County Board of Zoning Appeals, if and when established, shall not be authorized to grant or approve a vested right and no vested right shall be established, created, or accrue as a result of any decision of the zoning board of appeals.

(Ord. No. 05-12, § 3, 6-6-05)