A protected development right is defined as the right to undertake and complete the development and use of property under the terms of a protected development right plan without having to comply with subsequent changes in zoning and development standards. A protected development right plan is a plan submitted to a city, town or county that if approved by the jurisdiction, grants the landowner a protected development right for a specified period of time. The plan must be submitted for site development approval, and if a non-phased development, must provide the final site development approval needed for issuance of a building permit. Plans are required to describe the characteristics of the proposed development. In addition, counties allow a ten year PDR for phased developments with a gross acreage of more than 640 acres.
Extensions are permissible.
A PDR plan may be revoked by the city, town or county for failure to comply with terms and conditions imposed on the approval. Provisions Defines application to mean a substantially complete application for approval of a development plan submitted to a city, town or county and means the original application at the first stage in a multiple stage process. Eliminates the discretionary authority in current law that allows a city, town or county to specify by ordinance or resolution which types of plans constitute PDR plans. Modifies the information that must be contained in an application for a PDR plan to exclude the location of the proposed buildings, structures, number of dwelling units. States that an approved final subdivision plat shall be a PDR plan.