§ 32-4-264. VESTING OF DEVELOPMENT PLANS.

(a)

In general. A Development Plan vests in accordance with the provisions of this section.

(b)

Non-residential Plan.

(1)

A non-residential Plan for which a plat is not recorded vests when substantial construction occurs with respect to any portion of the Plan.

(2)

A non-residential Plan for which a plat is recorded vests when plat recordation occurs for any portion of the Plan.

(c)

Residential Development Plan.

(1)

A residential Development Plan for which a plat is not recorded vests when substantial construction occurs with respect to any portion of the Plan.

(2)

A residential Development Plan for which a plat is recorded vests when plat recordation occurs for any lot, tract, section or parcel thereof.

(d)

Limitation on vesting. Unless an extension has been granted under § 32-4-274, construction relating to a vested residential Development Plan that occurs more than 9 years after the Plan was granted final, non-appealable approval shall comply with all laws in effect at the time permits are issued unless the Development received growth allocation under Title 9 of this article in which case construction related to a vested residential Development Plan must occur within the latter of 15 years after: (1) the plan was granted final, non-appealable approval, or (2) the effective date of Bill No. 58-09.

(e)

Reclamation Plan. An approved Reclamation Plan vests when substantial construction occurs with respect to any portion of the Plan.

(Bill No. 58-09, § 3, 8-17-2009; Bill No. 51-18 , § 1, 6-18-2018)