(A) The following table establishes the term of duration of specific statutory vested rights.
(B) Except where a longer vesting period has been granted, if a statutory vested right is established and work intentionally and voluntarily ceases for a period of twenty-four (24) consecutive months, the statutory vesting expires.
(C) Terms may only be extended by action of the Village Council in a Legislative Hearing upon demonstration that a project has or will continue to make substantial progress towards completion. Any extension of time granted under this provision shall not place any other additional conditions on the approval.
(D) A Site-Specific Vesting Plan is a plan that describes with reasonable certainty the type and intensity of use for specific parcel(s) and includes information such as site boundaries; topographic and natural features; location of proposed buildings, structures and improvements; and dimensional requirements. Site-Specific Vesting Plans include the following: plans approved subject to conditional zoning, preliminary plats, plans approved as part of planned developments, commercial and multifamily site plans, plans associated with special use permits.
(E) For the purposes of this section, a multi-phased development is one that 1) contains at least twenty-five (25) acres and 2) is to occur in more than one phase, and 3) is subject to a master development plan showing the type and intensity of each phase.
(F) The Village Council may provide for rights to be vested for a period exceeding two years but not exceeding five (5) years where warranted due to circumstances such as size and phasing of the project, market and economic conditions, and the level of investment made.
(G) The establishment of a vested right does not preclude vesting by application of common law principles.
Table 1 Duration of Vested Rights | |
Type of Approval | Statutory Vested Rights Duration |
Table 1 Duration of Vested Rights | |
Type of Approval | Statutory Vested Rights Duration |
Building Permit | 6 months |
Site-Specific Vesting Plan | 2 years |
Multi-Phased Development | 7 years from approval of initial phase of development |
All other approvals (includes basic zoning permit for use by right) | 1 year |
Final Plat | Vested at time of issuance |
Development Agreement | As specified in the terms of the agreement |
(Ord. 21-12, passed 07-27-2021)