Article 68 of Title 24, C.R.S., authorizes the creation and protection of vested property rights in certain "site specific development plans" as the same are designated by the local government (the "Vesting Statute"). This Chapter is intended to define the terms and conditions by which vested property rights are created, consistent with such statutory authorization and this Code. Unless the context clearly indicates to the contrary, the use in this Chapter of any term defined in the Vesting Statute shall have the meaning given in the Vesting Statute.

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

The following constitutes a site-specific development plan within the meaning of Section 24-68-102(4), C.R.S.:

1.

A Site Development Plan approved in accordance with Chapter 17.38;

2.

A major amendment to a Site Development Plan; or

3.

A PD Plan, if authorized pursuant to contract in accordance with Section 17.08.070.

B.

Approval of a Site Development Plan within an area subject to an underlying vested PD Plan shall not impair the validity and enforceability of the PD Plan vesting within the Site Development Plan. In the event that such Site Development Plan is also vested as a site-specific development plan, the underlying PD Plan vesting shall be modified only as expressly provided in the Site Development Plan vesting.

(Ord. No. 2019-028, § 1, 9-17-2019)

A site-specific development plan approved in accordance with the provisions of this Chapter shall vest in the landowner for the period authorized under Section 17.08.060, the right to undertake and complete the development and use of property subject to such plan in accordance with its terms and conditions. Irrespective of the form of approval of the site specific development, the affirmative ordinance, resolution, motion or administrative action shall constitute a legislative action subject to referendum in accordance with Section 24-68-103(c) of the Vesting Statute.

(Ord. No. 2019-028, § 1, 9-17-2019)

The conditional approval of a site-specific development plan shall result in the establishment of vested property rights under such plan, but failure to fulfill or abide by the terms and conditions of the approval shall result in the lapse of the vested property rights. Such lapse shall occur by operation of law, without notice of hearing.

(Ord. No. 2019-028, § 1, 9-17-2019)

Subject to Section 17.08.040, the effective date of approval of a site-specific development plan and the vesting of property rights is effective upon:

A.

The date of the Town Council Resolution approving the Site Development Plan or major amendment to the Site Development Plan;

B.

The date the Manager gives written approval of a Site Development Plan; or

C.

The effective date of the ordinance approving or conditionally approving the development agreement vesting a PD Plan pursuant to the provisions of Section 17.08.070.

(Ord. No. 2019-028, § 1, 9-17-2019)

A Site Development Plan vested pursuant to this Chapter shall remain vested for a period of three (3) years. A major amendment to a Site Development Plan shall extend the vesting of the amended Site Development Plan for three (3) years. Minor amendments to a Site Development Plan shall not extend the vesting period. The vesting period for a PD Plan vested by development agreement pursuant to Section 17.08.070 shall be as prescribed in the approval which the vesting period may exceed three (3) years. The vesting period for Preliminary PD Site Plans approved prior to December 1, 2012, shall continue to apply as originally prescribed on the Preliminary PD Site Plan and/or Development Agreement.

(Ord. No. 2019-028, § 1, 9-17-2019)

In conjunction with approval of a PD Plan and as provided in a development agreement with the landowner, the vesting period for a PD Plan may be extended beyond three years where the Town Council finds that such extended vesting period is justified due to the size and scale of the development, the length of the usual development and market cycle, the manner of the recovery of the landowner's capital investment over the development cycle, and other relevant circumstances. The Town Council may further authorize the lapse of the vesting period otherwise granted under such development agreement upon the occurrence of prescribed conditions or events set forth in the agreement.

(Ord. No. 2019-028, § 1, 9-17-2019)

Every site specific development plan shall contain the following language:

This _____ constitutes a site specific development plan pursuant to Chapter 17.08 of the Castle Rock Municipal Code and Section 24-68-101, et seq., C.R.S., and establishes vested property rights for __________ years from its effective date to undertake and complete the development and use of the property in accordance with this plan.

(Ord. No. 2019-028, § 1, 9-17-2019)

Notice of the vesting of property rights under this Chapter shall be given by inclusion of the following language in a notice of the site specific development plan (either as part of land use notice or as a separate notification) in a newspaper of general circulation in the Town:

A site specific development plan denominated as _____ and approved on ______ will vest property rights in the real property described in this notice pursuant to the terms of such approval and the provisions of Chapter 17.08 of the Castle Rock Municipal Code and Article 68 of Title 24, Colorado Revised Statutes.

The required notice shall be published within fourteen (14) days after the approval of a site specific development plan. The period of time permitted under law for referendum and judicial review shall not commence to run until such publication; however, the failure to timely publish such notice shall not otherwise void the approval or the validity of the underlying approval.

(Ord. No. 2019-028, § 1, 9-17-2019)

The establishment of vested property rights shall not preclude the application of Town ordinances or regulations as enacted or amended from time to time, which are:

A.

General in nature and are applicable to all property subject to land use regulation, including, but not limited to, public works, building, fire, plumbing, electrical and mechanical codes.

B.

Other Town ordinances, provided that such ordinances are not in conflict with express vested property rights as further provided in the applicable development agreement.

(Ord. No. 2019-028, § 1, 9-17-2019)