In determining whether a right to commence and complete construction of a specific level, type, nature, density, intensity, or other form of development has been vested, the following factors shall be considered:
(A) Whether there has been an act or omission to act by the city;
(B) What city official acted or omitted to act and the personnel rank or official position of that official;
(C) Whether the city official acted or omitted to act within the course and scope of his personnel rank and official position;
(D) The nature of the act committed and date thereof, or the nature of the omission to act and approximate date thereof;
(E) Whether the applicant made a substantial change in position, or has an investment-backed expectation, based upon the city's act or omission to act;
(F) The nature of the applicant's change in position or investment-backed expectation, including expenditure of money or obligation to expend funds, amounts thereof, dates of expenditures; or incurrence of the obligation to incur expenditures, acts committed which represent a change in position, and dates thereof;
(G) Good faith of the applicant in substantially changing his position, or the incurring of extensive obligations and expenses based upon the city's actions or omissions to act;
(H) Any acts of the applicant (the dates thereof) associated with physical improvements on the land in question, such as grading; dedication of land to the city or any other governmental entity; payment of fees, such as impact fees; installation of utility infrastructure or public improvements; or for the design of specific buildings and improvements to be constructed on the site;
(I) The extent to which the applicant has secured building permits for, and commenced or completed, the construction of subdivision improvements and buildings in part, but not all, of the development, that was contemplated to extend over a period of months or years;
(J) Whether the applicant prior to, or on, the date of notice of a change in a land development regulation has made contractual commitments to complete structures and deliver titles there to or occupancy thereof, and the dates of and amounts of money involved in those commitments;
(K) Whether prior to, or on, the date of notice of change in a land development regulation for the currently effective comprehensive plan, land development code, or applicable section of either document, the applicant incurred financial obligations to a lending institution, which, despite a thorough review of alternative solutions, the applicant will be unable to meet, or it would be inequitable and unjust to require the applicant to meet, unless he is permitted to proceed with the previously permitted type, nature, level, density, intensity, or other form of development;
(L) Whether enforcement of the terms of the currently effective comprehensive plan or land development code regulation will expose the applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on his investment in the property;
(M) Whether the right of the applicant to commence and complete the proposed development, or a level, type, nature, intensity, density, or other form of development, has been vested only with respect to an identifiable and discreet portion of the applicant's property; and
(N) Any other information relevant to discerning the applicant's claim to vested rights to develop his real property in a particular manner that may be pertinent under state or federal law.
(Ord. 241, passed 11-27-85)