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AG 1997 05 19
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AG 1997 05 19
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Last modified
3/25/2002 6:28:31 PM
Creation date
11/27/2017 11:53:43 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/19/1997
Board
Board of Commissioners
Meeting Type
Regular
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and other structures; and the approximate location of all existing and proposed <br /> infrastructure on the site, including water, sewer, roads, and pedestrian walkways. <br /> What constitutes a site specific development plan under this section that would trigger <br /> a vested right shall be finally determined by the county pursuant to an ordinance, and <br /> the document that triggers such vesting shall be so identified at the time of its approval. <br /> However, at a minimum, the ordinance to be adopted by the county shall designate a <br /> vesting point earlier than the issuance of a building permit. A variance shall not <br /> constitute a site specific development plan, and approval of a site specific development <br /> plan with the condition that a variance be obtained shall not confer a vested right unless <br /> and until the necessary variance is obtained neither a sketch plan nor any other <br /> document which fails to describe with reasonable certainty the type and intensity of use <br /> for a specified parcel or parcels or property may constitute a site specific development <br /> plan. <br /> <br /> (6) "Vested right" means the fight to undertake and complete the development and use <br /> of property under the terms and conditions of an approved site specific development <br /> plan or an approved phased development plan. <br /> <br /> (c) Establishment of vested right. <br /> <br />A vested right shall be deemed established with respect to any property upon the valid <br />approval, or conditional approval, of a site specific development plan or a phased <br />development plan, following notice and public hearing by the county with jurisdiction <br />over the property. Such vested right shall confer upon the landowner the fight to <br />undertake and complete the development and use of said property under the terms and <br />conditions of the site specific development plan or the phased development plan <br />including any amendments thereto. A county may approve a site specific development <br />plan or a phased development plan upon such terms and conditions as may reasonably be <br />necessary to protect the public health, safety, and welfare. Such conditional approval <br />shall result in a vested right, although failure to abide by such terms and conditions will <br />result in a forfeiture of vested rights. A county shall not require a landowner to waive his <br />vested rights as a condition of developmental approval. A site specific development plan <br />or a phased development plan shall be deemed approved upon the effective date of the <br />county's action or ordinance relating thereto. <br /> <br />(d) Duration and termination of vested right. <br /> <br />(1) A right which has been vested as provided for in this section shall remain vested for a <br />period of two years. This vesting shall not be extended by any amendments or <br />modifications to a site specific development plan unless expressly provided by the <br />county. <br /> <br /> (2) Notwithstanding the provisions of subsection (d)(1), a county may provide that <br /> rights shall be vested for a period exceeding two years but not exceeding five years <br /> where warranted in light of all relevant circumstances, including, but not limited to, <br /> the size and phasing of development, the level of investment, the need for the <br /> <br /> <br />
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