Vested rights
Applications for development that are substantially complete and have been submitted for approval to the appropriate review agency prior to the publicized notice of public hearing on an enactment or amendment of the zoning chapter, and are finally approved, shall be protected from such new ordinance or amendment as provided below. Upon termination of the vested period, any abutting nonconforming lots in common ownership shall be merged to conform with current zoning requirements.
(1) Reserved.
(2) Subdivisions. A subdivision plan which has been submitted to the planning board and which meets all the required items on the preliminary plan application checklist, which has previously been submitted and approved by the board as a pre-preliminary subdivision and which is finally approved as a final subdivision within two years of pre-preliminary plan approval, shall be vested for a period of five years from the date of approval. The plan must be recorded and construction on the subdivision improvements must begin within the first year of approval and all lots must be built upon within five years.
(3) Special use permits. An application for a special use permit which has been submitted to the zoning board of review and which meets the submission requirements of that board and which is finally approved within one year of submission, shall be vested for a period of three years from the date of approval. The special use permit must be recorded within 90 days of approval and construction of improvements authorized under the special use permit must begin within the first year of approval. All improvements must be completed within three years.
(Ord. of 5-27-2009)
State Law reference— Vested rights, G.L. 1956, § 45-24-44.