(A) A vested right is established for two years upon final approval of a Site Specific Development Plan, preliminary plat, or a phase of a Phased Development Plan.
(B) Except as provided in the following sentence, no two-year vested right is established in a conditionally approved Site Specific Development Plan. When a Site Specific Development Plan is conditionally approved, a vested right shall only be established when approved by the Planning Commission and authorized in writing by such body.
(C) The Planning Commission shall not approve the establishment of a vested right in an approved Phased Development Plan but may approve and establish a vested right in any phase of a Phased Development Plan which conforms to, complies with and satisfies all state statutes and local codes and ordinances including, but not limited to, planning, zoning, subdivisions, stormwater management and control, building, fire, water and sewer, road and other state, county and city codes applicable to the development. A Site Specific Development Plan shall be required for approval with respect to each phase in an approved Phased Development Plan for which a vested right is requested.
(D) No vested right in a Site Specific Development Plan shall attach or be established until plan applications and required documents have been received, all required approvals have been given or granted, and all fees have been paid in accordance with the procedures outlined in this code of ordinances. No vested right attaches or is established until a final decision has been rendered favorable to the applicant on all administrative appeals.
(E) A vested right established in accordance with the provisions of this subchapter shall be vested upon approval by the Planning Commission of the Site Specific Development Plan or specific phase of a Phased Development Plan that authorizes the developer or landowner to proceed with investment in grading, installation of utilities, streets and 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, streets 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 or phase thereof authorizing the improvements and expenditures has been approved by the Planning Commission. No investment in grading, installation of utilities, streets or other infrastructure, or other significant expenditures shall give rise to or establish a vested right until the Planning Commission has approved the Site Specific Development Plan, preliminary plat, or Phased Development Plan or a phase thereof that authorizes the developer or landowner to proceed with improvements or undertake other significant expenditures on the real property which is proposed for development.
(F) A Site Specific Development Plan or Phased Development Plan for which a variance, regulation, or special exception is necessary does not confer a vested right until the variance, regulation, or special, exception is obtained.
(Ord. 13-008, passed 3-12-13)