Vested rights.
§ 255-380. Vested rights. [Amended 3-25-2025 by Ord. No. 2025-05]
A. Any application for development under the provisions of this chapter, including but not limited to an application for a building permit, special use permit, or variance, is deemed substantially complete when all required documents, including but not limited to plans, together with payment of all required fees, have been received by the official designated by Code or regulation to receive such applications. Required documents shall include only those documents specified either by ordinance (this ordinance or any other applicable ordinance), Code provision, or rule adopted and published by the permitting authority prior to the time the application is filed.
B. Any application for development under this ordinance and the Subdivision and Land Development Regulations, including an application for a land development project or subdivision or for development plan review, is deemed substantially complete when issued a certificate of completeness, as defined in Article II of the Subdivision and Land Development Regulations. For minor land development and minor subdivision projects and for development plan review, an application is vested when a certificate of completeness is issued at the preliminary plan phase. For major land development and major subdivision projects, an application is vested when a certificate of completeness is issued at the master plan phase.
C. Any application for development under this chapter that is substantially complete prior to the enactment or amendment of this chapter shall be reviewed according to the regulations applicable in the zoning ordinance in full force and effect at the time the application was submitted.
D. If an application for development under the provisions of this section is approved, the applicant must begin development or exercise the right granted in the approval within one (1) year of the date of approval, and shall be substantially completed within two (2) years of the date of approval. Any application for development that is governed by the Subdivision and Land Development Regulations shall adhere to the provisions of such approval and this section shall not apply.