The purpose of this Article is to provide procedures and standards for review and approval of vested property rights, as mandated by the adopting legislation in Article 68 of Title 24, C.R.S.

(Prior code 15-2-25.1; Ord. 20 §1, 1999)

(a)

As used in this Article, unless the context otherwise requires, the term site specific development plan means a final plat or final land use plan that constitutes the last or final stage of approval issued by the Town Council, the Board, the Planning Commission or the Building Official for development. A site specific development plan shall not include any application, plat or plan denoted as a sketch or preliminary plan or an application for zoning or rezoning.

(b)

Site specific development plans shall not consist of final architectural plans, final construction drawings and related documents specifying materials and methods for construction of improvements, variances, building permits or public utility filings. However, the submittal and approval of such documents, or any one (1) thereof, may be required subsequent to the site specific development plan approval, if such submittal and approval are otherwise required by Town regulations.

(Prior code 15-2-25.1; Ord. 20 §1, 1999; Ord. 4 §1, 2009)

(a)

Approval of a site specific development plan pursuant to these provisions shall be deemed to create a vested right in the subdivided property which shall be subject to the provisions and limitations of Subsections 24-68-103(1)(b) and (c) and Sections 24-68-104 and 24-68-105, C.R.S.

(b)

The provisions of all duly adopted zoning ordinances and regulations and comprehensive plans and updates thereof shall apply in accordance with their terms, except to the extend otherwise provided in the adopting legislation found in Article 68 of Title 24, C.R.S.

(Prior code 15-2-25.1; Ord. 20 §1, 1999)

No site specific development plan shall be approved until after the public hearings required by the appropriate provisions of this Chapter are held. The notice of such public hearing shall state that the hearing may result in the granting of a vested property right. At such hearing, the owners of the property described in the site specific development plan, their representatives and citizens shall have the opportunity to be heard.

(Prior code 15-2-25.1; Ord. 39 §6, 1995; Ord. 20 §1, 1999)

(a)

Only a landowner or his or her designated representative is permitted to apply for approval of a site specific development plan for the purpose of vesting property rights.

(b)

A landowner seeking approval of a site specific development plan shall complete and submit the "Vested Rights Option Form" Option #1 in the form attached as Appendix H to this Code, together with an application fee in an amount established by resolution of the Town Council. The application must include all information and supporting documentation otherwise required in accordance with this Chapter.

(Prior code 15-2-25.1; Ord. 20 §1, 1999; Ord. 4 §1, 2009)

A site specific development plan shall be deemed approved after the appropriate time period for appealing the approval has run, or after the final determination of a properly filed appeal has been made which upholds the Board's, Planning Commission's or Town Council's decision, whichever occurs last. In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments for purposes of duration of a vested property right shall be the date of the approval of the original site specific development plan.

(Prior code 15-2-25.1; Ord. 22 §24, 1992; Ord. 20 §1, 1999)

Each map, plat, site plan or development plan shall contain the following language: "Approval of this plan and/or document creates a vested property right pursuant to Section 24-68-103, C.R.S.

(as amended)." In addition, a notice describing generally the type and intensity of use approved and the specific parcel of property affected, and stating that a vested property right has been created, shall be published once, not more than fourteen (14) days after the approval and recordation referred to in Section 16-20-40 above, in a newspaper of general circulation within the Town.

(Prior code 15-2-25.1; Ord. 20 §1, 1999)

The vested property right shall automatically terminate three (3) years after the date upon which the site specific development plan has been deemed approved, unless otherwise permitted by written agreement with the Town.

(Prior code 15-2-25.1; Ord. 20 §1, 1999)

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other building or construction code of general application within the Town or exemption from the requirements of Section 18-13-60 of this Code.

(Prior code 15-2-25.1; Ord. 20 §1, 1999)

(a)

As a part of any application for new or revised land use or development approval pursuant to this Chapter, the applicant shall waive any and all preexisting vested property rights pertaining to the property which is the subject of the application, whether such preexisting vested property rights arose under this Code, state statute or the common law. Such waiver shall be effective only if vested property rights are created as a result of final approval concerning the submitted application. As a further part of such application, the applicant shall complete and submit the "Vested Rights Option Form and/or Waiver" in the form attached as Appendix H to this Code.

(b)

Failure of the property owner to submit a "Vested Rights Option Form" Option #1 shall constitute a waiver, and no vested right shall be deemed to have been created.

(c)

Approval of a site specific development plan may be revoked by the Town Council following notice and hearing upon breach of any condition of approval of the plan or the various components thereof.

(Prior code 15-2-25.1; Ord. 20 §1, 1999; Ord. 4 §1, 2009)

Nothing in this Article is intended to create any vested property right beyond the requirements of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article, this Article shall be deemed to be repealed and the provisions hereof no longer effective.

(Prior code 15-2-25.1; Ord. 20 §1, 1999)