Tusten Town City Zoning Code
ARTICLE XV
Zoning Vested Rights
§ 300-15.1 Purpose.
The purpose of this article is to convey expectations of applicants who intend to develop in the Town. As such, this article seeks to 1) strike an appropriate balance between private expectations and the public interest, while protecting the public health, safety, and welfare of the Town of Tusten and 2) recognize the concept of vested rights and the terms under which such rights exist when an applicant undertakes to complete the development and use of property under the terms and conditions of an approved site plan in the Town of Tusten.
§ 300-15.2 Establishment of a zoning vested right.
The approval of a site plan results in a two-year vested right commencing upon issuance of a valid building permit by the applicant within the required time frame after governing board approval of the project (i.e., Planning Board and/or Zoning Board). As such, a two-year vested right shall exist only if the following conditions are met:
A.
The applicant secures approval from the appropriate governing board (Planning Board and/or Zoning Appeals Board) following public notice, public hearing, and Board review.
B.
The applicant secures the required variance relevant to the use and/or bulk requirements of the proposed project if required.
C.
Upon governing board approval, the applicant shall secure a valid building permit within the required time period set forth by the Town after governing board approval and the applicant shall maintain a valid permit that shall not expire.
D.
If Subsections A through C are met, upon application by the landowner of the property with a vested right at the end of the two-year vested right term to the local governing body that approved the site plan, the term shall be extended on an annual basis for up to four annual extensions, provided there have been no amendments to this article which precludes or prohibits any aspect of the site plan and/or subdivision plat plan.
E.
A zoning vested right is not a personal right, but shall attach to and run with the applicable property/parcel based on the requirements in Subsections A to D.
§ 300-15.3 Revocation and termination.
A zoning right that has been vested as provided in this article shall terminate or be revoked:
A.
At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed or where said building permit is not renewed;
B.
With the written consent of the affected landowner;
C.
Upon findings by the appropriate governing body, by ordinance after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plans;
D.
Upon findings by the governing board after notice and a hearing, that the applicant or applicant's representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or
E.
Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site plan in which case the approval authority may modify, after notice and a hearing, the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on such plans.