§ 30-373. Expiration of vested rights certificates for concurrency other than schools.

(a)

General. The purpose of this division 3 is only to specify the circumstances under which a person may undertake or continue the development of land despite the effect of the development, in whole or in part, on the levels of service as adopted by the comprehensive policy plan and implemented through the county concurrency management system, and nothing in this division 3 shall act to create rights that otherwise do not exist. Consequently, other than as provided for in section 30-372(f), upon the expiration of any development order or permit or approval that serves as the predicate for the property owner's right under this division 3 to develop, the rights granted under this division 3 shall likewise expire.

(b)

Criteria to determine expiration of vested rights certificates for DRIs.

(1)

A vested rights certificate issued for a DRI pursuant to section 30-372(c) shall expire upon the termination or expiration of the development order.

(2)

A vested rights certificate issued for a DRI with a binding letter of vested rights shall expire upon the expiration or invalidity of the binding letter.

(c)

Criteria to determine expiration of vested rights certificates for other developments.

(1)

Building permits. A vested rights certificate predicated on the issuance of a building permit shall expire upon the expiration of the building permit. Expiration of the building permit shall be determined as set forth in County Code section 9-103.

(2)

Subdivisions in all zoning districts including planned developments.

a.

Residential.

1.

A vested rights certificate issued pursuant to section 30-372(d)(2)a.1. shall not expire.

2.

A vested rights certificate issued pursuant to section 30-372(d)(2)a.2. shall expire on December 1, 1993, unless the plat has been approved and recorded before December 1, 1993, and either (a) the infrastructure has been completed and a certificate of completion has been issued by the county before December 1, 1993, or (b) a letter of credit (not developer's agreement or bond) has been posted before December 1, 1993, guaranteeing completion of the infrastructure within one (1) year from the date of platting.

b.

Nonresidential.

1.

A vested rights certificate issued pursuant to section 30-372(d)(2)b.1. shall expire if the project does not commence construction on at least one (1) principal structure by December 1, 1995, and thereafter the project shall maintain a rate of construction equal, on the average as calculated prospectively from December 1, 1995, to commencement of and good faith efforts toward completion of at least one (1) principal structure on a distinct parcel within the platted subdivision, or phase thereof, every two (2) years.

2.

A vested rights certificate issued pursuant to section 30-372(d)(2)b.2. shall expire on December 1, 1993, unless the plat has been approved and recorded before December 1, 1993, and either (a) the infrastructure has been completed and a certificate of completion has been issued by the county before December 1, 1993; or (b) a letter of credit (not developer's agreement or bond) has been posted before December 1, 1993, guaranteeing completion of the infrastructure within one (1) year from the date of platting. Further, a vested rights certificate for a plat recorded pursuant to this subsection shall expire if the project does not maintain a rate of construction equal, on the average calculated prospectively from the date of recording of the plat in the county official public records, to commencement of and good faith efforts toward completion of at least one (1) principal structure on a distinct parcel within the platted subdivision, or phase thereof, every two (2) years.

(3)

Commercial projects and projects subject to site development review. A vested rights certificate issued pursuant to section 30-372(d)(3) shall expire if and when the building permit expires.

(4)

Other projects. A vested rights certificate issued pursuant to section 30-372(d)(5) shall expire if and when such project ceases to be "continuing in good faith." A vested rights certificate issued pursuant to section 30-372(d)(5) may include criteria, standards, thresholds and/or guidelines, as may be specifically applicable to the particular project, to assist in determining whether and when the project is no longer "continuing in good faith."

(d)

Required compliance with laws, ordinances, etc. Any development which is granted a vested rights certificate from the concurrency requirements is not in any way exempt or vested from other regulations or conditions of approval as may be applicable to the development. Any development which is granted a vested rights certificate shall continue to be subject in all respects to all the nonconcurrency laws, ordinances, rules and regulations and shall continue to be subject to all terms, conditions, requirements and restrictions contained in any development order or permit or approval or binding letter of vested rights pertaining to the particular development.

(e)

Substantial change or deviation. Notwithstanding subsections (a) through (d), additional impacts generated by any substantial change or substantial deviation from the terms of the development order upon which a vested rights certificate was predicated shall be subject to concurrency requirements to the extent of the additional impacts generated by the substantial change or substantial deviation over and above the previously approved development order.

A replat of a plat meeting the criteria specified in section 30-372(d)(2) shall not in and of itself be deemed a substantial change or deviation, unless such replat creates an impact on density or intensity of development greater than the plat it replaces. Such replat shall not extend the time required for commencement of good faith efforts toward completion applicable to the plat it replaces.

(Ord. No. 91-26, § 1, 12-10-91; Ord. No. 2010-10 , § 2, 9-21-10)