§ 14.3. Conditions and limitations of vested rights.

1.

A vested right established by this ordinance shall be in accordance with the standards and procedures of the Darlington County land use codes, ordinances, and regulations.

2.

The form and content of a site specific development plan or phased development plan submitted by a landowner must conform and comply with the Darlington County planning, stormwater management and sediment control, building, electrical, mechanical, fire, flood hazard, and other land-use codes, ordinances and regulations.

3.

No vested right in a site specific development plan or phased development plan shall be established except in conformity with the Darlington County planning, stormwater management and sediment control, building, electrical, mechanical, flood hazard, and other land-use codes, ordinances and regulations.

4.

A vested right established under a conditionally approved site specific development plan or conditionally approved phased development plan may be terminated by the Darlington County Planning Commission upon the determination following notice and a public hearing that the landowner has failed to meet the terms of the conditional approval.

5.

A vested right established in accordance with the provisions of this ordinance shall be vested upon the approval of the Darlington County Planning Commission of the site specific development plan or phased development plan that authorizes the developer or landowner to proceed with investing in grading, installation of utilities, street/roads or other infrastructure and to undertake other specific expenditures necessary to prepare for application for a building permit. No developer or landowner shall proceed with investment in grading, installation of utilities, street/roads or other infrastructure, or shall undertake other significant expenditures necessary to prepare for application for a building permit before a site specific development plan or phased development plan authorizing such improvements and expenditures has been approved by the Darlington County Planning Commission. No investment in grading, installation of utilities, streets/roads or other infrastructure, or other significant expenditures shall give rise to or establish a vested right until the Darlington County Planning Commission has approved the site specific development plan or phased development plan that authorizes the developer or landowner to proceed with improvements or undertake other significant expenditures on the real property which is proposed for development.

6.

A site specific development plan or phased development plan for which a variance is necessary does not qualify and may not claim or receive vested rights status unless and until the variance is obtained.

7.

The Darlington County Planning Commission shall designate the vested point for a phased development plan as the date of approval of the phased development plan. The vested right shall only attach to the phase being approved unless otherwise specified in the approval.

8.

Upon expiration of a vested right, a building permit may be issued for development only in accordance with applicable land development ordinances and regulations in effect at the time of the building permit application.

9.

A vested site specific development plan or vested phased development plan which has been approved by the Darlington County Planning Commission may be amended if the amendments are approved by the Darlington County Planning Commission pursuant to the provisions of the applicable Darlington County Land Development Ordinance and regulations in effect at the time of the amendment.

10.

A valid permit does not expire or is not revoked upon expiration or termination of a vested right, except for public safety reasons or as prescribed by applicable building codes in effect at the time.

11.

A vested site specific development plan or vested phased development plan which has been approved by the Darlington County Planning Commission may be revoked by the Darlington County Planning Commission upon its determination, after notice and a public hearing, that there was material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.

12.

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

13.

If a vested site specific development plan or vested phased development plan which has been approved by the Darlington County Planning Commission is annexed, the governing body of the municipality to which the real property has been annexed must determine, after public notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after annexation.

14.

The Darlington County Council, the Darlington County Planning Commission, or local planning and building codes officials shall not require a landowner to waive his vested rights as a condition of approval of a site specific development plan or phased development plan.

(Ord. No. 05-12, § 4, 6-6-05)