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CHAPTER 996 Session Laws - 1989
point earlier than the issuance of a building permit. A
variance shall not constitute a site specific development plan,
and approval of a site specific development plan v^ith the
condition that a variance be obtained shall not confer a
vested right unless and until the necessary variance is
obtained. Neither a sketch plan nor any other document
yyhich fails to describe with reasonable certainty the type and
intensity of use for a specified parcel or parcels of property
may constitute a site specific development plan.
(6) 'Vested right' means the right to undertake and complete the
development and use of property under the terms and
conditions of an approved site specific development plan or
an approved phased development plan.
(c) Establishment of vested right.
A vested right shall be deemed established with respect to any
property upon the valid approval, or conditional approval, of a site
specific development plan or a phased development plan, following
notice and public hearing by the city with jurisdiction over the
property. Such vested right shall confer upon the landowner the right
to undertake and complete the development and use of said property
under the terms and conditions of the site specific development plan or
the phased development plan including any amendments thereto. A
city may approve a site specific development plan or a phased
development plan upon such terms and conditions as may reasonably
be necessary to protect the public health, safety, and welfare. Such
conditional approval shall result in a vested right, although failure to
abide by such terms and conditions will result in a forfeiture of vested
rights. A city shall not require a landowner to waive his vested rights
as a condition of developmental approval. A site specific development
plan or a phase development plan shall be deemed approved upon the
effective date of the city's action or ordinance relating thereto.
(d) Duration and termination of vested right.
(1) A right which has been vested as provided for in this section
shall remain vested for a period of two years. This vesting
shall not be extended by any amendments or modifications to
a site specific development plan unless expressly provided by
the city.
(2) Notwithstanding the provisions of subsection (d)(1), a city
may provide that rights shall be vested for a period
exceeding two years but not exceeding five years where
warranted in light of all relevant circumstances, including,
but not limited to. the size and phasing of development, the
level of investment, the need for the development, economic
478
Object Description
Description
| Title | Page 534 |
| Full Text | CHAPTER 996 Session Laws - 1989 point earlier than the issuance of a building permit. A variance shall not constitute a site specific development plan, and approval of a site specific development plan v^ith the condition that a variance be obtained shall not confer a vested right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document yyhich fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property may constitute a site specific development plan. (6) 'Vested right' means the right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development plan. (c) Establishment of vested right. A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site specific development plan or a phased development plan, following notice and public hearing by the city with jurisdiction over the property. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan or the phased development plan including any amendments thereto. A city may approve a site specific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. A city shall not require a landowner to waive his vested rights as a condition of developmental approval. A site specific development plan or a phase development plan shall be deemed approved upon the effective date of the city's action or ordinance relating thereto. (d) Duration and termination of vested right. (1) A right which has been vested as provided for in this section shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the city. (2) Notwithstanding the provisions of subsection (d)(1), a city may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to. the size and phasing of development, the level of investment, the need for the development, economic 478 |
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