An early image from the Barnyard Peachland Flea Market’s construction
Lauren Monica | Anson Record
ANSON COUNTY — Tasked by the board and by resident request, County Attorney Scott Forbes looked into the progress of the long awaited Barnyard Peachland Flea Market, set to open sometime on Faulkner Road in the Burnsville-Peachland area. He provided the board with an update on his findings March 18.
Unavoidably detained from the Board of Commissioners meeting, Forbes left a written statement for County Manager Leonard Sossoman to read before the board in his absence.
Sossoman read “The law as he [Forbes] understands it, is under Section 160-D-108 D Statutory Vested Property Rights last quote, ‘So long as the permit remains valid under the law.’ If the work authorized by the permit is not substantially commenced within one year of issuance the vested property rights will expire.”
Sossoman read that Forbes believes there is a time limit for starting the development project within the first year of obtaining the permit, and if there is a significant delay the vested rights may be lost, but that is not relevant to this scenario.
He said, “Meaning they have commenced work and have done a significant amount. Once work on the project substantially commences, the property rights granted in the permit have been awarded, and will continue to be protected as long as their licence remains valid.”
Forbes stated that it is important for commissioners and interested constituents to know the statutory vested property rights can still expire if the development or project remains uncompleted and if the development work is intentionally and voluntarily discontinued for not less than 24 consecutive months.
Sossoman added, “He [Forbes] says the work has continued even though they have changed ownership, which is our understanding from the Diaz family to another one, but he [Forbes] says their permits and rights are still valid and they can continue with their process.”
Chairman Jamie Caudle asked, “They can continue construction, whatever they are doing there, and opening, but have they provided the documentation, the plans? Have our inspectors signed off on the plans they have made changes [to]”?
Caudle stated he has heard the entire layout for the facility has changed in recent months.
Sossoman answered that flea market owners have their construction permits. What he said they do not have at this point is their Certificate of Occupancy.
He said “They will have to complete the actual work and then it will have to be inspected by our inspectors, both the fire marshal’s office as well as the building inspector’s office.”
Commissioner Kyle Leary asked if any word has come back from the North Carolina State Department of Transportation following the county’s request for traffic studies to be conducted in the Faulkner Rd. area in anticipation of increased traffic flow resultant of the new business opening.
Sossoman responded “The state has informed me a couple times, and I have asked. If they don’t do the study, the property owners would have to do the study if they deem it necessary. So far, the state has not required them from a necessity standpoint to do so.”
He added that while the information he read came from the county attorney, Sossaman received a similar answer when he inquired of the planning director who also researched the legality of the flea market’s planning and permitting process.
Summing up the update, Caudle explained “Their vested rights continue even though the change in ownership, but they still have to meet the building code as what was described early on in the plan. If that plan changes, the inspection is going to find that, and they will correct it, before they are issued a CO [permit of occupancy].”
