Definitions of Vested Property Rights

Definitions of Vested Property Rights

Reference Number: MTAS-1991
Reviewed Date: 09/28/2023

“Applicant” means a landowner or developer or any party, representative, agent, successor, or heirs of the landowner of developer.

“Construction” means the erection of construction materials in a permanent manner, and includes excavation, demolition, or removal of an existing building.

“Development plan” means both a preliminary development plan and a final development plan.

“Development standards” means all locally adopted or enforced standards applicable to the development of property including, but not limited to planning: storm water requirements; layout; design; local infrastructure construction standards, off-site improvements, lot size, configuration, and dimensions. NOT included are standards required by federal or state law, or building construction safety codes.

“Final development plan” means a plan approved by the local government describing with reasonable certainty the use of property. Such plan may be in the form of, but not limited to, a planned unit development plan; subdivision plat; general development plan; subdivision infrastructure construction plan; final engineered site plan; or any other land-use approval designation utilized. UNLESS otherwise expressly provided by the city, such a plan shall include the boundaries of the site; significant topographical features affecting the development of the site; locations of improvements; building dimensions; and the location of all existing and proposed infrastructure on the site. Neither a sketch plan or other document that fails to describe with reasonable certainty the use and development scheme may constitute a final development plan.

“Preliminary development plan” means a plan submitted to facilitate initial public feedback, and secure preliminary approvals from local government. It serves as a guide for all future improvements.

“Site preparation” means excavation, grading, demolition, drainage, and physical improvements such as water and sewer lines, footings, and foundations.

T.C.A. §13-3-413 (k); T.C.A. § 13-4-310 (k).