9-1202. Protected development right; establishment; plan requirements; variance

A. A city or town may provide by ordinance or resolution the requirements for a development to be a phased development. If a city or town does not adopt an ordinance or resolution that includes the requirements for a development to be a phased development, a plan submitted as a protected development right plan may be identified as a plan for a phased development at the time the plan is submitted.

B. A protected development right plan, at a minimum, shall describe with a reasonable degree of certainty all of the following:

1. The proposed uses of the site.

2. The boundaries of the site.

3. Significant topographical and other natural features affecting development of the site.

4. For other than a phased development, the general location on the site of the proposed buildings, structures and other improvements.

5. The number of dwelling units and, for other than a phased development, the square footage and height of the proposed buildings and other structures.

6. The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.

C. Nothing in this section is intended to or shall preclude a city or town from establishing additional requirements for submittal or approval of development plans for any land use category or district and such requirements may include traffic reports or studies, drainage reports or studies, master street plans, development phasing schedules and phased public infrastructure schedules. A city or town shall require submission of a more detailed plan for each phase of a phased development in order to obtain final site development approval to develop the property.

D. A final subdivision plat that meets the requirements of subsection B, and section 9-463.01 shall be a protected development right plan.

E. A protected development right is established only for the specific elements of the development or other specific matters shown on the approved protected development right plan. A protected development right is not established for any elements or other matters, or portions of any elements of the development or other matters not shown on the approved protected development right plan.

F. The legislative body of a city or town may designate by ordinance or resolution a development plan that is not identified as a protected development right plan at the time it is submitted as a protected development right plan upon a finding by such legislative body that granting a protected development right to undertake and complete the development shown on the plan will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment backed expectations of the landowner.

G. A protected development right shall be deemed established with respect to a property on the effective date of a valid approval of a protected development right plan. The protected development right confers on the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the protected development right plan and this article.

H. A city or town shall not require a landowner to waive a protected development right as a condition of development approval.

I. A protected development right is subject to the terms and conditions imposed by the city or town on the protected development right plan approval and nothing in this section is intended to or shall preclude a city or town from establishing such terms and conditions.

J. A protected development right plan approved with a condition or stipulation that a variance be obtained does not confer a protected development right until the necessary variance is obtained. Approval of a protected development right plan does not guarantee approval of a variance.