(A) Purpose. Pursuant to G.S. 160D-108 and not withstanding any other provision of this Ordinance or amendment thereto, a landowner may establish vested rights which shall entitle said landowner to develop property in accordance with the permit for which he/she is seeking approval. To apply for vested right, a landowner shall first submit to the Zoning Administrator an application for a development approval. Once the Zoning Administrator deems the application to be complete, it shall follow the Town approval process applicable for said permit.
(B) Permit choice. If an application is submitted for development review and a development regulation changes between the time the application was submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application. If the applicant chooses the version of this ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the said map or text amendment prior to acting on the development permit.
(C) Completeness and determination. Applicants shall submit applications to the Zoning Administrator in accordance with the applicable published schedule of submittal dates. Until an application is determined to be complete in accordance with the provisions of this chapter, an application has not been submitted. On receiving a development application, the Zoning Administrator shall, within a reasonable time, determine whether the application is complete or incomplete. A complete application is one that:
(1) Contains all information and materials required by Zoning Administrator for submittal of the applicable type of application, and in sufficient detail, format, and readability for Dallas staff to evaluate the application for compliance with applicable review standards; and
(2) Is accompanied by the fee established for the applicable type of application
(D) Application incomplete.
(1) On determining that the application is incomplete, the Zoning Administrator shall, as appropriate, provide the applicant written notice of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for a completeness review.
(2) If the applicant fails to resubmit an application within 15 calendar days after being first notified of submittal deficiencies, the application submittal shall be considered abandoned. If an applicant submits a request in writing to the Town Clerk within 15 calendar days of the application abandonment date, the application fee paid for the withdrawn application shall be refunded.
(E) Application complete. On determining that the application is complete, the Zoning Administrator shall:
(1) Accept the application as submitted in accordance with the procedures and standards of this chapter in effect at the time of the submittal; and
(2) Provide the applicant written notice of application submittal acceptance.
(F) Development approval. The effect of a development approval shall be to vest such site plan for a period of two years from the date of approval. If the landowner requests, however, the Town Council may approve a vesting period not to exceed five years from the date of approval. The vesting of any development approval beyond a two year period may only be authorized by the Town Council where it is found that due to:
(1) Sizing and phasing of the development; or
(2) Level of investment; or
(3) Need for the development; or
(4) Economic cycles; or
(5) Market conditions, building permits for all phases of the development cannot be secured within two years.
(G) Multiphase developments. For multi-phase developments of at least 25 acres, vesting can be up to seven years for the entire development at the time a site plan approval is granted for the initial phase of the long-term development.
(H) Substantially commencing development. A valid development approval shall not expire if work on the project has substantially commenced within the initial validity period. Substantial commencement of work shall be determined by the Zoning Administrator based on any of the following:
(1) The development has received and maintained a valid erosion and sedimentation control permit and conducted grading activity on a continuous basis and not discontinued it for more than 30 days;
(2) The development has installed substantial on-site infrastructure; or
(3) The development has received and maintained a valid building permit for the construction and approval of a building foundation
(I) Even if work has substantially commenced, a development approval still expires if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, as calculated and tolled pursuant to G.S. 160D-108.
(Ord. passed - - )