§ 102-137. Limitations on Vested Rights Determinations.

(a)

In furtherance of those guidelines listed in Policy 101.17.1 of the Comprehensive Plan, a vested rights determination shall also contain the following:

(1)

Verification that the applicant has met the burden of proof for the items listed in section 102-136;

(2)

A clear statement of what part of the applicant's development is vested (e.g., density, setbacks, open space requirements);

(3)

A clear statement of which Comprehensive Clan goals, policies and/or objectives and which Land Development Code was in effect at the time of the filing of the application, the applicant is vested from;

(4)

A clear statement to the applicant that construction must continue in good faith and meet all construction deadlines contained in Chapter 6 or the vested rights determination will expire and any and all rights acquired under the determination will be forfeited; and

(5)

Notwithstanding Chapter 6, a vested rights final order will expire in five years with no possibility of extension.

(b)

The vested rights determination shall be limited to rights acquired prior to adoption of the Comprehensive Plan and Land Development Code in effect at the time of the filing of the vested rights application, but after adoption of the 1986 Comprehensive Plan (unless a prior, valid and unexpired vested rights determination was obtained under the 1986 Comprehensive Plan or section 102-134 et seq.). The vested rights determination shall vest only that development specifically and expressly contemplated by a valid, unexpired official act of the county.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)