Vested Rights

11.3 VESTED RIGHTS

1. Completeness of Application

   Any Application for development under this Ordinance or a previous Zoning Ordinance, including an Application for a Building Permit, Special Use Permit, Variance, Planned Development, or Cluster Development, shall be deemed substantially complete when all required documents, including plans, together with required fees, are received by the Official designated herein to receive such Applications. Required documents shall include only those documents specified either by this Ordinance or by rules adopted and published by the permitting authority prior to the time the Application is filed.

2. Substantially Complete Application

   Any Application for development under this Ordinance that is substantially complete prior to the enactment or amendment of this Ordinance, may, at the discretion of the applicant, be reviewed according to the regulations applicable in the Zoning Ordinance in force at the time the Application was submitted. If such Application is approved, the applicant must begin construction or exercise the right granted in the Application if no construction is involved, not more than one year after the date of such approval. All construction must be completed not more than two years after the date of such approval, unless specifically set forth to the contrary in the original approval. If the applicant chooses to have the Application for Development reviewed under this Ordinance as amended, the applicant may do so provided that the review process shall be recommenced at the first stage of review.

3. Actual Construction

   187 Town of Smithfield Article 11 – Adoption and Amendment Zoning Ordinance To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the lawful plans, construction, or designated use of any building on which actual construction was begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined as the placing of construction materials in permanent position and fastened in a permanent manner. Where filling, excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such filling, excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

4. Approved Applications

   In addition, nothing in this Ordinance shall be deemed to require a change in the lawful plans, construction or designated use of any building or land which has been approved by the Zoning Board of Review or has been granted Pre-Application Approval by the Planning Board prior to the effective date of adoption or amendment of this Ordinance.