11-1203. Duration of a protected development
right; termination
A. A protected development right established under a protected development right
plan is valid for three years for a nonphased development, five years for a phased
development and ten years for a phased development that contains at least one section of
land as defined by 43 United States Code 751 or has a gross acreage of more than six
hundred forty acres.
B. A county may extend for a maximum of two additional years, and ten years for a
phased development that contains at least one section of land as defined by 43 United
States Code 751 or has a gross acreage of more than six hundred forty acres, the duration
of a protected development right obtained through approval of a protected development
right plan, if a longer time period is warranted by all relevant circumstances, including
the size, type and phasing of the development on the property, the level of investment of
the landowner, economic cycles and market conditions. The decision to extend the time
period for a protected development right is at the discretion of the county. However, a
protected development right shall not remain established for more than five years for a
nonphased development, seven years for a phased development or twenty years for a phased
development that contains at least one section of land as defined by 43 United States
Code 751 or has a gross acreage of more than six hundred forty acres.
C. After the approval of a protected development right plan, the plan may be
subject to subsequent reviews and approvals by the county to ensure compliance with the
terms and conditions of the original approval if such reviews and approvals are not
inconsistent with the original approval. The county may revoke its approval of the
protected development right plan for failure to comply with applicable terms and
conditions imposed on the approval.
D. A protected development right terminates at the end of the applicable period
established under this section. If a building permit has been issued before the date of
termination of a protected development right, the protected development right remains
valid until the building permit expires, but in no event for longer than one year. On
expiration, only principal structures for which footings or foundations have been
completed may be finished under the protected development right. On the expiration of a
protected development right, development may continue based on a valid building permit
and according to standards in effect at that time. An unexpired building permit issued
for a property with a protected development right does not expire or shall not be revoked
merely because a protected development right expires under the time limitations specified
in this section.
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