1. The use made of property may not be substantially changed (i.e. change from one use classification to another) and no substantial clearing, grading or excavation may be commenced if such activity is undertaken for purposes of preparing a lot for development other than a single-family detached residence. No buildings or other substantial structures may be constructed, erected, moved, or substantially altered except in accordance with and pursuant to a zoning permit, and/or associated development permit issued by the Planning Director or other Planning or Engineering Department staff (Administrative).
2. Zoning permits, development permits and other administrative permits are issued under this ordinance only when a review of the application submitted, including the professional plans contained therein, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 410.110, all development must occur strictly in accordance with such approved plans and applications.
   1. Physical improvements to land to be subdivided may not be commenced except in accordance with a development permit after preliminary plat approval by the Town Council for a major subdivision and by final plat approval or minor subdivision approval by the Planning Director.
   2. A zoning permit, development permit, or other administrative permit must be issued in the name of the applicant (except that applications submitted by an agent will be issued in the name of the principal), will identify the property involved and the proposed use, will incorporate by reference the plans submitted, and will contain any special conditions or requirements lawfully imposed by the permit-issuing authority.
3. Preconstruction Meeting
   All major and minor residential subdivisions, and non-residential developments require a preconstruction meeting prior to any work on the property.
   
4. Permit Review Site Visit
   Pool permit requests require a site visit as a part of the review by a member of the Engineering Department prior to permit issuance. The homeowner and applicant/contractor will both need to be present at this site visit.
   
5. See DIVISION 1500 for violations and penalties if this or any area of this ordinance is not followed.

1. To minimize development planning costs, avoid misunderstandings or misinterpretations, and ensure compliance with the requirements of this ordinance, pre-application consultation between the developer and the staff is encouraged or required as provided in this section.
2. Before submitting an application for a development permit authorizing a development that consists of or contains a major subdivision, the developer must submit to the Planning Director a sketch plan of such subdivision, drawn to scale. The developer will electronically submit the sketch plan in PDF file format to facilitate the sketch plan review process. The sketch plan will contain:
   1. Vicinity Map A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways.
   2. Boundaries The boundaries of the tract and the portion of the tract to be subdivided.
   3. Acreage The total acreage to be subdivided.
   4. Use of Land The existing and proposed uses of the land within the subdivision and area adjoining it.
   5. Street and Lot Layout The proposed street and lot layout with lot sizes and widths.
   6. Owner Information The name, address and telephone number of owner(s).
   7. Zoning The zoning classification(s) of the tract and of adjacent properties.
   8. Other Information Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed subdivision's compliance with the requirements of this ordinance.
3. Following a review of the sketch plan and other materials by the planning staff, the Union County Health Department, the Union County Schools System, the Union County Public Works Department, and the NC Department of Transportation, the planning staff will advise the developer of the results of this review. The application for a development permit for a project requiring sketch plan review may not be submitted until after the staff has provided the developer with its comments and recommendations based upon this review.
4. Before submitting an application for any other type of permit, developers are strongly encouraged to consult with the staff concerning the application of this ordinance to the proposed development.

The following regulations will apply to all applications with authority given to the Town pursuant to G.S. 160D-402 (b).

1. Applications required under this UDO will be submitted on forms and in such numbers as required by the Town.
2. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, development permits, zoning amendments, zoning certification, variances and other administrative relief. The amount of the fees charged shall be as set in a fee schedule adopted by the Town Council.
   1. All required fees will be made payable to "The Town of Indian Trail";
   2. Fees shall be used for no other purpose than support, administration, and implementation of programs pursuant to G.S. 160D-402 (d); and
   3. An applicant who has paid an appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to any review or action taken, will be entitled to a refund of the total amount paid upon written request to the Town. Once review has begun, no refund will be available.
   4. Penalty for Not Obtaining a Permit
      Once an applicant seeks a permit after building or taking some action without a required permit, the penalty fee and/or order to demolish or remove the structure may be imposed by the Planning or Engineering Departments if permit request is denied. The penalty fee is indicated on the Town’s Fee Schedule.
      

1. Applications for zoning, development, variances, or sign permits or preliminary or final subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this ordinance, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).
2. The administrator may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection A above whenever there appears to be a reasonable basis for questioning this authority.

1. All applications for permits must be submitted in a complete form before the permit issuing authority is required to consider the application.
2. Subject to Subsection A above, an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this ordinance.
   1. Detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in the Indian Trail Land Development Standards (ITLDS). It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with the ITLDS, so long as the plans provide sufficient information to allow the permit issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this ordinance. However, whenever this ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in the ITLDS, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Planning and Engineering Departments. Such detailed construction drawings must be produced and stamped by a professional Engineer, Surveyor or Architect. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in DIVISION 1500, Violations, Penalties, and Enforcement.
   2. The presumption established by this ordinance is that all the information set forth in this UDO and the ITLDS are necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. The applicant may rely on the recommendations of the Planning Director, planning staff or Engineering Director as to whether more or less information should be submitted.
   3. The Planning Director or planning staff will make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Planning Director or planning staff to determine compliance with this ordinance, such as applications for single-family homes or applications for sign permits, the Planning Director or planning staff will develop standard forms that will expedite the submission of the necessary plans and other required information.

1. Upon receipt of a formal application for a zoning, planned development, or development permit, or major/minor subdivision plat approval, the administrator or planning staff, as applicable, will review the application and confer with the applicant to ensure that he/she understands the staff's interpretation of the applicable requirements of this ordinance, that they have submitted all of the information that he/she intends to submit, and that the application represents precisely and completely what they propose to do.
2. If the application is for an approval requiring a public hearing, the administrator or planning staff, as applicable, will place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as the applicant intends to make it.

1. Issuance of a zoning permit or other approval authorizes the recipient to commence the activity resulting in a change in use of the land or, (subject to obtaining a building permit), to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in this Section, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this ordinance and all additional requirements imposed pursuant to the issuance of a permit have been complied with.
2. In circumstances where factors (e.g. natural disasters, bad weather, or fire) beyond the control of applicants for zoning permits or other approvals, make it unreasonable to require the permit recipient to comply with all of the requirements of this ordinance before commencing the intended use of the property , the permit issuing board or the Planning Director may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board or the Planning Director to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed six (6) months) established by the board or the Planning Director.
3. When the Planning and Zoning Board in a quasi-judicial proceeding or Town Council imposes additional requirements upon the permit recipient in accordance with this UDO or when the developer proposes in the plans submitted to any permit issuing authority (Planning Director, Planning and Zoning Board not in a quasi-judicial proceeding, or Planning and Zoning Board in a quasi-judicial proceeding) to install amenities beyond those required by this ordinance, the permit issuing authority or the Planning Director may authorize the applicant to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed. The early commencement of the use or occupancy of the building will occur only if permit issuing authority or Planning Director specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if authority or Planning Director concludes that compliance will be ensured as the result of any one or more of the following:
   1. A performance bond or other security satisfactory to the board or Planning Director is furnished;
   2. The nature of the requirements or amenities is such that sufficient assurance of compliance is given by DIVISION 1500, "Violations, Penalties and Enforcement" and Chapter 110, "Certificate of Zoning Compliance";
   3. Completion of such improvements has been delayed because of weather conditions or other factors beyond the control of the developer/applicant; or
   4. It would be unreasonable to require the completion of such improvements before granting final plat approval, and if the developer/applicant provides a performance bond or other security in accordance with Chapter 1170, "Improvements Guarantees".

1. If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection 410.080, the provisions of Section 410.070 (No Occupancy, Use, or Sale of Lots until Requirements Fulfilled) and Section 410.110 (Amendments to and Modification of Permits) will apply to each phase as if it were the entire development.
2. A development containing 25 acres or more is considered a "multi-phased development" pursuant to G.S. 160D-108 (d)(4). A multi-phased development requires that more than one phase is submitted for construction site plan approval and is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval.
3. As a prerequisite to taking advantage of the provisions of Subsection 410.080, the developer will submit plans that clearly show the various phases or stages of the proposed development and the requirements of this ordinance that will be satisfied with respect to each phase or stage.
   1. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as recreational amenities, transportation improvements (on-site and off-site) or landscaping (on-site or off-site), then, as part of his application for development approval, the developer will submit a proposed schedule for completion of such improvements. The schedule will relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit. The developer shall comply with the provisions of Chapter 1170, "Improvement Guarantees".
   2. Modifications in approved phasing schedules may be approved in the same manner as other permit modifications (see Section 410.110).

1. Zoning permits or approvals not otherwise specified in this ordinance (i.e. sign permits, residential zoning permits, accessory structure permits, etc.) are valid for six (6) months.
2. Unless otherwise specified in this ordinance for individual permit or approval types, the permit issuing authority may extend for a period up to six (6) months from the date when a permit would otherwise expire pursuant to this Chapter if it concludes that:
   1. The permit has not yet expired;
   2. The permit recipient has proceeded with due diligence and in good faith; and
   3. Conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six (6) months upon the same findings. All such extensions may be granted without resorting to the formal processes and fees required for a new permit.
   4. For purposes of this section, the permit within the jurisdiction of the Town Council or resulting from quasi-judicial proceedings of the Planning and Zoning Board is issued when the Town Council or Planning and Zoning Board in a quasi-judicial proceeding votes to approve the application and issue the permit. A permit within the jurisdiction of the Planning Director is issued when the earlier of the following takes place:
      1. A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant.
      2. The Planning Director notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner, so it can be recorded if required.
         
3. Notwithstanding any of the provisions of DIVISION 1400, "Nonconformities", this section will be applicable to permits issued prior to the date this section becomes effective.

1. Zoning, conditional zoning districts and sign permits authorize the applicant to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:
   1. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and
   2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice of the existence of the permit at the time they acquired their interest.

1. Small or minor deviations from the permit (including approved plans) are permissible and the Planning Director may authorize such small or minor deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
2. Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the Planning Director. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
3. All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Planning and Zoning Board in a quasi-judicial proceeding, new conditions may be imposed in accordance with Section 330.050 (Effect of Approval; Zoning Map Designation), but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
   1. The administrator will determine whether amendments to and modifications of permits fall within the categories set forth in subsections A and B above.
   2. A developer requesting approval of changes must submit a written request for such approval to the Planning Director, which request will identify the changes. Approval of all changes must be given in writing.

1. Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the Town of Indian Trail will make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this ordinance.
   

1. The Town Council determines that a conditional zoning district will be regarded as a “site specific vesting plan” under the provisions of G.S. 160D-108 (d)(3) and 160D-108 (f). Therefore, once a conditional zoning district has been issued, the permit recipient will have a “vested right” to complete the development authorized by such approval in accordance with its terms, irrespective of subsequent amendments to this UDO, to the extent provided in G.S. 160D-108. The term "vested right" is defined in G.S. 160D-102. For development agreement vesting rights, see Chapter 390, "Development Agreements".
2. The Town Council further determines that certificates of zoning compliance and site plan approval should be entitled to the same protections as recipients of a conditional zoning district.
3. A vested right under this subsection commences upon the approval of the conditional zoning district in question.
4. A vested right for a site specific vesting plan as provided above will remain vested for a period of two (2) years, unless upon request by the applicant, the Town Council finds it appropriate to grant a longer vesting time period not exceeding five (5) years as allowed under G.S. 160D-108 (d). This vesting will not be extended by any amendments or modifications to a site-specific vesting plan that are not processed as new applications, unless expressly provided for by the approval authority at the time the amendment or modification is approved. The extension mentioned above beyond the two (2) years but not exceeding the five (5) years must be warranted by the size and phasing of development, the level of investment, the need for the development, economic cycles and market conditions, or other considerations.
   1. As provided in G.S. 160D-108 (d)(3)(b), a right that has been vested in accordance with this subsection will terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.
   2. Nothing in this subsection will prohibit the revocation of a permit, and the vesting of rights provided for under this subsection will be terminated upon such revocation.
5. A multi-phased development established in Section 410.080 shall remain vested for a period of seven (7) years from the time a site plan approval is granted for the initial phase. The vesting shall be for the entire development with the zoning regulations, subdivision regulations, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multi-phased development.
6. Exceptions are provided pursuant to G.S. 160D-180 (f).
   1. A site specific vesting plan vested right, once established, precludes any zoning action by the Town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except for the following:
      1. With the written consent of the affected landowner;
      2. Upon findings, after notice and an evidentiary hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, and safety, and welfare if the project were to proceed as contemplated in the approved vested right;
      3. To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the Town, together with interest as is provided in G.S. 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action;
      4. Upon findings, after notice and an evidentiary hearing, that the landowner or their representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the Town of the vested right; or
      5. Upon the enactment or promulgation of a State or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the Town may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing.
         
   2. The establishment of the vested right shall not preclude the application of overlay zoning or other development regulation that imposes additional requirements, but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to development regulation by the Town, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.
   3. Any provisions in this section shall not preclude, change or impair the authority of the Town to adopt and enforce development regulation provisions governing nonconforming situations or uses.

As provided in G.S. 160D-108, amendments, modifications, supplements, repeal or other changes in the regulations set forth in this UDO or zoning district boundaries will not be applicable or enforceable without consent of the owner with respect to buildings and uses for which a building permit has been issued pursuant to G.S 160D-403 prior to enactment of the ordinance making the change or changes, so long as the permit remains valid and unexpired pursuant to G.S. 160D-403 (c) and unrevoked pursuant to G.S. 160D-403 (f) and 160D-1113. See Chapter 1520.070, "Revocation of Development Approvals," for revoked development approvals such as rezonings as well as permitted projects.

1. A permit described in this Chapter may be revoked by the permit-issuing authority in accordance with this subsection if the permit recipient fails to develop or maintain the property in accordance with the plans submitted the requirements of this UDO, or any additional requirements lawfully imposed by the permit issuing authority.
2. Before a permit may be revoked, notice requirements equal to those imposed on the permit issuance must be complied with. Such revocation will require a public hearing, where one was required for the original approval. The notice will also inform the recipient of the alleged grounds for the revocation.
3. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked will be upon the party advocating that position. The burden of persuasion will also be upon that party.
4. A motion to revoke a permit will include, to the extent practicable, a statement of the specific reasons or findings of fact that support the decision.
5. Before a permit which does not require a public hearing can be revoked, the Planning Director will give the permit recipient ten (10) days notice of intent to revoke the permit and will inform the recipient of the alleged reasons for the revocation and of their right to obtain an informal hearing on the allegations. If the permit is revoked, the Planning Director will provide to the applicant a written statement of the decision and the reasons for such decision.
6. No person may continue to make use of land or buildings in the manner authorized by any permit described in this Chapter after such permit has been revoked in accordance with this subsection. See Section 1520.070, "Revocation of Development Approvals," for applicable regulations for permits and other development approvals.

1. General Requirements for Regulation Choice
   1. If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, the rules for regulation choice applies pursuant to G.S. 143-755.
   2. G.S. 143-755 allows that if a development permit applicant submits a permit application for any type of development and a rule or ordinance is amended, the applicant may choose which version of the development regulation will apply to the application pursuant to G.S. 143-755. If the applicant chooses the version of the rule or ordinance applicable at the time of the application submittal, the applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the application request.
      
2. Discontinuance of Regulation Choice and Activation of Current Regulations
   1. If a permit application is placed on hold by the applicant for a period of six (6) consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the local or State government for a period of six (6) consecutive months or more, the application review is discontinued and the development regulations in effect at the time permit processing is resumed apply to the application pursuant to G.S. 143-755; G.S. 160D-108 (b); and S.L. 2019-111, Pt. I.
3. Regulation Choice for Multiple-Permit Development Projects
   1. An applicant requiring multiple development permits to complete a development project may choose the version of development regulations at the time each permit application is submitted pursuant to G.S. 143-755; G.S. 160D-108 (b); and S.L. 2019-111, Pt. I.
   2. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit.
   3. An erosion and sedimentation control permit or a sign permit are not initial development permits applicable to this section for regulation choice.