The purpose of this Article is to provide procedures necessary to implement the provisions of Article 68 of Title 24 of C.R.S., and to exercise local municipal control over the creation and enforcement of vested property rights to the maximum extent allowed by law. In the event Article 68 of Title 24 of C.R.S. should be repealed or declared invalid or unconstitutional by a court of competent jurisdiction, this Article shall be deemed to be repealed and the provisions hereof shall no longer be effective.

(Ord. 2015-3, §1, 1-4-2016)

The following site specific development plans will create and cause property rights to vest as provided for in this Article:

(A)

A properly and fully executed final subdivision plat.

(B)

A properly and fully executed final PUD plat.

(C)

A properly and fully executed subdivision agreement, PUD agreement or other development agreement providing for vested rights.

(D)

A written land development agreement or authorization not otherwise identified in this Article which specifically provides for or incorporates a vested property right, and which was approved by the Board of Trustees following notice and public hearing.

(Ord. 2015-3, §1, 1-4-2016)

The Board of Trustees may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Failure to abide by such terms and conditions shall result in the forfeiture of any vested property rights.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Nothing in this Article is intended to or shall create a vested property right beyond such right as defined in Article 68 of Title 24 of C.R.S. Once established in conformity with this Article; however, a vested property right shall preclude any zoning or land use action by the Town, inclusive of a citizen-initiated measure, which would alter, impair, prevent, diminish or impose a moratorium on the development or use of property as authorized by an approved site specific development plan, except:

1.

With the consent of the development applicant;

2.

Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property which could not reasonably have been discovered at the time of the development or vested rights approval, and which if left uncorrected would pose a serious threat to public health, safety and welfare; or

3.

To the extent compensation is paid as provided for in Article 68 of Title 24 of C.R.S.

(B)

Notwithstanding the foregoing, the establishment of a vested property right shall not preclude the application to any land use or development of ordinances or regulations which are general in nature and applicable to all property subject to these subdivision regulations, including, but not limited to, fee assessments, water and sewer tap rationing and building, fire, plumbing and mechanical codes. Moreover, the vesting of a site specific development plan shall not exempt such plan from inspections, reviews or approvals deemed necessary by the Town to ensure compliance with the terms and conditions of the original development plan approval.

(Ord. 2015-3, §1, 1-4-2016)

The approval of a site specific development plan creating vested property rights shall require a public hearing preceded by public notice in conformance with Article IV of this Chapter. Such hearing and notice may be combined with any other public hearing and notice otherwise required under this Chapter. If not combined with another notice, notice of a public hearing on the vesting of a property right shall be given in conformance with Article IV of this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

(A)

A site specific development plan and vested property right shall only be deemed established upon the final action of the reviewing body or official designated under this Chapter with authority to grant final development approvals. The effective date of a site specific development plan and vested property right shall be the date on which a final plat, final development plan, development agreement or other applicable document memorializing a development approval and vested right as specified in this Article has been duly executed. A site specific development plan which has received final approval subject to conditions to be satisfactorily performed at some future date shall result in a vested property right unless there is a failure to abide by such conditions, in which event the vested property right shall be forfeited. In the event of amendments to a site specific development plan, the effective vesting date of any amendment shall be the date of the approval of the original plan unless otherwise specifically provided in the action or document approving and memorializing the amendment.

(B)

A site specific development plan that has been vested as provided under this Article shall remain vested for three (3) years from the plan's effective date. A longer initial vesting period, or an extension in the vesting period, may be granted upon a finding that a longer or extended vesting period will serve the public interest and welfare in view of all pertinent circumstances, including, but not limited to, the size and phasing of any given development, economic cycles or market conditions.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Each map, plat or other document constituting or memorializing a vested site specific development plan shall contain the following language:

1.

Approval of this plan shall create a vested property right pursuant to Article 68 of Title 24, Colorado Revised Statutes, as amended, subject to the terms and limitations as contained in the Fairplay Municipal Code.

(B)

A failure to include this statement shall not invalidate the creation of the vested property right.

(Ord. 2015-3, §1, 1-4-2016)

(A)

As soon as reasonably practicable following final approval of a vested site specific development plan, but in no event later than fourteen (14) days following final approval, notice of the same shall be published in conformance with Article IV of this Chapter generally advising the public of the approval and identifying the property subject thereto. Such notice shall be substantially in the following form:

1.

Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, and the Fairplay Municipal Code pertaining to the following described project and/or property:

2.

(Description of property)

(B)

The property shall be generally described in the notice and identify the ordinance or resolution granting such approval. The costs of publishing such notice shall be borne by the applicant.

(Ord. 2015-3, §1, 1-4-2016)

A vested site specific development plan shall be subject to all rights of referendum and judicial review, except that the thirty-day time period in which to exercise such rights shall not begin to run until the publication of the notice of approval as provided for in this Article.

(Ord. 2015-3, §1, 1-4-2016)