(A) A vested right in a specific land development plan shall not attach until the final plat and necessary documentation has received final approval by the Planning Commission. 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 and prior to the authorization to proceed with investment in infrastructure. Any subsequent changes to the proposed development plan must be approved by the Planning Commission.
(B) A vested right is established for two years after final approval of a preliminary plat. Such vested right shall receive five one-year extensions upon proper application by the landowner in each year that an extension is desired unless an amendment to the land development regulation has been adopted which prohibits approval.
(C) A vested site specific development plan is subject to later enacted laws adopted to protect public health, safety, and welfare, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the standard codes enforced at the time of the issuance of the building permit.
(D) A vested site specific development plan will be subject to subsequent overlay zoning that imposes plan-related requirements but such zoning cannot affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses which was previously approved.
(E) The Board of Zoning Appeals does not have the authority to grant a vested right and no such right shall accrue as a result of their decision. Variances do not create a vested right.
(F) A vested right is subject to revocation by the Planning Commission upon its determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.
(Ord. 2024-012, passed 6-11-24)