§ 30-375. Expiration of exemption or vested rights certificates for school concurrency.

(a)

Expiration of school concurrency exemptions under subsection 30-374(a). School concurrency exemptions listed in subsection 30-374(a) shall expire when the basis for the exemption terminates or expires.

(b)

Expiration of school concurrency vested rights certificates under subsection 30-374(b). School concurrency vested rights listed in subsection 30-374(b) shall expire as follows:

(1)

Site plan. School concurrency vested rights based on a preliminary subdivision plan approval shall expire when the preliminary subdivision plan expires, in accordance with section 34-73. School concurrency vested rights based on a commercial site plan approval shall expire when the building permit expires, in accordance with section 9-33.

(2)

DRI development order. School concurrency vested rights based on an application or a development order for a development of regional impact shall expire upon withdrawal, denial, or expiration of the application for a development order, or, if a development order has been approved, such school concurrency vested rights shall expire for any phase of the development order upon expiration of the development order build-out date for such phase, or for the entire development order upon expiration of the development order. Further, such school concurrency vested rights shall expire upon any material default of the school mitigation conditions of the development order or a related development agreement, unless such project, or portions of such project, remains exempt pursuant to another exemption provision. Additionally, school concurrency vested rights based on a development order shall expire when the developer files a notice of proposed change that increases the number of residential units and such change is approved, or when the developer receives a substantial deviation to the development order that increases the number of residential units.

(3)

Developers agreement. School concurrency vested rights based on a developers agreement or capacity commitment agreement shall expire upon expiration of the developers agreement, capacity commitment agreement, extension thereof, or upon any material default of the school mitigation conditions of such development agreement or capacity commitment agreement, unless such project, or portions of such project, remains exempt pursuant to another exemption provision.

(4)

Common law. School concurrency vested rights based on common law shall expire if and when the project ceases to be continuing in good faith. A vested rights certificate issued pursuant to subsection 30-374(b)(4) 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.

(c)

Required compliance with laws, ordinances, etc. Any development which is granted a school concurrency exemption or vested rights certificate 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 school concurrency exemption or vested rights certificate shall continue to be subject in all respects to all other laws, ordinances, rules, and regulations and shall continue to be subject to all terms, conditions, requirements and restrictions contained in any development order, permit, approval, or binding letter of vested rights pertaining to the particular development.

(d)

Substantial change or deviation. Notwithstanding subsections (a) through (c), additional impacts generated by any substantial change or substantial deviation from the terms of the development order upon which a school concurrency 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 subsection 30-374(b)(1) shall not in and of itself be deemed a substantial change or deviation, unless such replat creates an impact on residential 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. 2010-10 , § 2, 9-21-10)