The purpose of this chapter is to allow a procedure for recognizing vested development rights under Utah law, as amendments are made to this ordinance from to time to provide certainty and predictability in the development approval process for affected landowners, to protect the planning process as the Levan General Plan is updated and implemented, and to effectuate the public policy favoring the settlement of disputes.
In order for any person to claim a vested right under this chapter the following shall apply:
Applicant shall file a claim with the administrator outlining all reasons for claiming a vested right.
Such claim must be filed within sixty (60) days of the effective date of the change or amendment or the alleged vested right shall be deemed abandoned. A landowner who fails to file within the time frame provided by the ordinance is presumed to have waived or abandon any vested right.
Prior to processing any request for a vested right claim an appropriate fee as established by the legislative body must be paid.
Upon receipt of a claim for vested rights the Planning & Zoning Board shall, within thirty (30) days, invite the applicant to a hearing before the Planning & Zoning Board to determine if a vested right exists. Within fourteen (14) days of the hearing, the Planning & Zoning Board shall deliver to the legislative body a written finding concerning said claim. The legislative body shall make a determination upon the claim within thirty (30) days. The legislative body may, but is not required to, hold an additional hearing on the application. In order to approve any vested rights application the legislative body shall also be required to make a written finding concerning the application. The finding shall be filed with the town recorder with a copy to the administrator and the Planning & Zoning Board. Upon receipt of a copy of the finding, the administrator shall issue a certificate of vested right. Any appeal from the decision of the legislative body shall be to the district court. Such appeal must be filed within thirty (30) days from the date of the decision.
The purpose of this chapter is to allow a procedure for recognizing vested development rights under Utah law, as amendments are made to this ordinance from to time to provide certainty and predictability in the development approval process for affected landowners, to protect the planning process as the Levan General Plan is updated and implemented, and to effectuate the public policy favoring the settlement of disputes.
In order for any person to claim a vested right under this chapter the following shall apply:
Applicant shall file a claim with the administrator outlining all reasons for claiming a vested right.
Such claim must be filed within sixty (60) days of the effective date of the change or amendment or the alleged vested right shall be deemed abandoned. A landowner who fails to file within the time frame provided by the ordinance is presumed to have waived or abandon any vested right.
Prior to processing any request for a vested right claim an appropriate fee as established by the legislative body must be paid.
Upon receipt of a claim for vested rights the Planning & Zoning Board shall, within thirty (30) days, invite the applicant to a hearing before the Planning & Zoning Board to determine if a vested right exists. Within fourteen (14) days of the hearing, the Planning & Zoning Board shall deliver to the legislative body a written finding concerning said claim. The legislative body shall make a determination upon the claim within thirty (30) days. The legislative body may, but is not required to, hold an additional hearing on the application. In order to approve any vested rights application the legislative body shall also be required to make a written finding concerning the application. The finding shall be filed with the town recorder with a copy to the administrator and the Planning & Zoning Board. Upon receipt of a copy of the finding, the administrator shall issue a certificate of vested right. Any appeal from the decision of the legislative body shall be to the district court. Such appeal must be filed within thirty (30) days from the date of the decision.