2-1.7 CREATION OF VESTED RIGHTS

The Town may alter certain private property rights by amending this Title from time to time as provided for in Section 2-3. A. HOW RIGHTS VEST. Certain private property rights shall become fixed at law, and may not be altered for a period of time, when: 1. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid. B. WHAT RIGHTS VEST. The applicants’ rights vest under this Title in those rights for which the applicant has applied. For example, if the applicant has applied for a subdivision, and has “vested rights” pursuant to subsection (A) above, the applicant’s rights vest under the subdivision ordinance, and the applicant is entitled to the benefit of the subdivision ordinance in effect at the time of vesting. An applicant’s vested rights under the subdivision ordinance, however, do not vest the applicant under an adopted building, fire or plumbing code, because the applicant has not submitted a complete application for the applicable permit, nor paid applicable fees. Applications shall not vest if: 1. Revisions to the Title are pending at the time of application which would prohibit or further condition the approval sought; or 2. There exists a compelling and countervailing health, safety or welfare reason. C. PRESERVATION OF VESTED RIGHTS/COMPLIANCE WITH CONDITIONS OF APPROVAL. An applicant with vested rights must comply with and maintain all conditions of final approval to preserve the vested rights. An applicant’s failure to meet or maintain conditions of approval constitutes the applicant’s knowing and willful waiver of the applicant’s vested rights. D. APPLICABILITY OF ORDINANCES THAT ARE GENERAL IN NATURE. The establishment of a vested right shall not preclude the application of Town ordinances or regulations that are general in nature, applicable to all property subject to land use regulation, and necessary to preserve the health, safety or welfare of the community. E. REQUIREMENTS TO BE APPLIED. Cleveland Town shall not impose on a holder of an issued land use permit a requirement that is not expressed: 1. In the land use permit or in documents on which the land use permit is based; or 2. In the Town’s ordinances. F. CERTIFICATE OF OCCUPANCY NOT TO BE WITHHELD. Cleveland Town will not withhold issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed: 1. In the building permit or in documents on which the building permit is based; or 2. In the Town’s ordinances. G. REASONABLE DILIGENCE. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.