§ 30-385. Applications.

(a)

Filing of application. A person who believes he or she is entitled to a school concurrency exemption or a vested rights certificate for a particular development, whether for purposes of "consistency" or "concurrency," or both, shall complete, execute and file an application for a vested rights certificate or school concurrency exemption with the director of the growth management department or his or her designee. The application shall be accompanied by any applicable fee.

(b)

Due date. The purpose for which vested rights certificates are issued is to provide certainty and predictability in the use and conveyance of land and interests therein. There is no deadline, therefore, for applying for certificates. However, after either (i) denial of a development order, when the denial is based on inconsistency with the comprehensive plan or failure to meet the concurrency requirements of the comprehensive plan, or (ii) receipt of notice of a proposed rezoning that has been initiated by the county (that is, an administrative rezoning), failure to file an application for a vested rights certificate within forty-five (45) days from the denial of a development order or notice of an administrative rezoning shall constitute an abandonment and waiver of any claim to vested rights.

(c)

Contents of application. The application shall be accompanied by documentation sufficient to enable the director or his or her designee to determine whether the development is vested. An incomplete or insufficient application shall be returned to the applicant for additional information.

(d)

Certification by and continuing obligation of applicant.

(1)

The signature upon the application of the applicant, or any agent or attorney for the applicant, shall constitute a certification that the person signing the application has read the application and relevant supporting information and that to the best of his or her knowledge it is true and correct.

(2)

Until the application has received final approval or denial (including any appeal period), the applicant shall have a continuing obligation to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances.

(Ord. No. 2010-10 , § 2, 9-21-10)