Vested Property Rights Act. Tennessee City Management Association October 2015

Transcription

1 Vested Property Rights Act Tennessee City Management Association October 2015

2 Application Municipal planning commissions T.C.A Regional planning commissions T.C.A Effective January 1, 2015

3 Key Definitions Construction Includes vertical; excavation or demolition Development plan Preliminary and final treated the same

4 Key Definitions Development standards Locally adopted such as: lot size, configuration & dimensions Infrastructure construction standards Off-site improvements

5 ICC Codes Excluded NOT included are standards required by federal or state law, or building construction safety codes.

6 Key Definitions Preliminary development plan A plan submitted to secure preliminary approval and serve as a guide for future improvements. Site preparation Excavating, grading, footings, water/sewer lines

7 Final Development Plan Final development plan Includes both preliminary and final plans Describes use of the property with reasonable certainty Type and intensity of use

8 Final Development Plan Reasonable certainty Site boundary Significant topo features Location of buildings Building dimensions Location of existing and proposed infrastructure Unless otherwise established by city

9 Final Development Plan Neither a sketch plan or other document that fails to describe with reasonable certainty the use and development scheme may constitute a final development plan

10 Vesting Rights Rights apply to: Preliminary development plan Final development plan (where no preliminary plan is required), Building permit (where there is no local requirement for prior approval of a preliminary development plan) Standards in effect on the date of approval remain in place for the life of the vesting period

11 I. Building Permit Project The vesting period commences on the date the permit is issued and remains in effect for the period authorized by the building permit. ICC codes 180 days

12 II. Development Plan Project Vesting period commences on the date the preliminary development plan is approved and remains in effect for 3 years Within 3 years, applicant must: Obtain final development plan approval Secure all permits Commence site preparation

13 Development Plan Project Once site prep starts, the vesting period is extended 2 years to commence construction Commence construction Maintain all necessary permits Following commencement of construction, the applicant has 10 years to complete the project under the then existing standards City may grant an extension

14 Development Plan Vesting Timeline Project Completion 10 Years Final Plan - 5 years from preliminary plan approval -Construction must commence -Maintain all permits Preliminary Plan - 3 years -Must secure Final Plan approval -Attain all permits -Site work must commence

15 Multiple Phase Projects Separate vesting period applies Standards in effect on the date of approval of the preliminary development plan for the first section or phase remain in effect for all subsequent sections or phases 15 year maximum

16 Vesting Timeline Multiphase Subsequent phase(s) construction 15 Years Phase 1 construction completion 10 Years Final Plan 5 Years Preliminary Plan 3 Years

17 Vesting Summary

18 Plan Amendment Amendment must be approved Can be denied upon written finding Alters the proposed use Increases the overall area of the development Alters the size of any nonresidential structures included in the development plan Increases the density of the development so as to affect traffic, noise or other environmental impacts Increases any local government expenditure necessary to implement or sustain the proposed use

19 Plan Amendment Denial Applicant may: (1) Proceed under the prior approved plan with the associated vested property rights or (2) Allow the vested property right to terminate and submit a new application.

20 Termination of Vested Rights 1. Violation of the terms and conditions specified in the approved development plan or building permit 90 days (or more) must be given to cure the violation 2. Providing inaccurate information

21 Termination of Vested Rights 3. Failing to construct the development in accordance with the permit or plan 4. State or federal requirements that must be enforced 90 days for applicant to comply with the new federal or state requirement

22 Enforcement Actions Vested standard does not preclude city enforcement of any development standard Upon written consent Upon a compelling and countervailing interest impacting public health, safety or welfare Natural or man-made hazard Federal or state standard

23 Waiver of Rights Prohibited A city may not require an applicant to waive the applicant's vested rights as a condition of approval, or as a consideration of approval, of a development plan or the issuance of a building permit

24 Other Zoning - may not be used to impair development of vested property Moratorium - A development moratorium shall toll the vesting period during the moratorium period Eminent domain Powers not affected

25 What to look for Time periods Plan submittals for approval Requirements included in a plan

26 Approval Nomenclature Site plan Development plan Preliminary site plan Preliminary plat Final plat Master plan

27 Approval Authority Staff Planning commission Governing body

28 Timeline 3 years 5 years 10 years Following preliminary plan approval Secure permits Commence site preparation Secure final approval Maintain permits Commence construction Complete project 28