The purpose of this chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.

(Ord. 1477, 1999)

As used in this chapter, unless the context otherwise requires:

Site specific development plan. "Site specific development plan" means only the following:

(1)

A final subdivision plat approved by city council in conformance with the requirements of title 17 of the Municipal Code; or

(2)

A final site development plan, when approved by both planning commission and city council, and in conformance with chapter 18.40 of the Golden Municipal Code, as well as any applicable provisions of a PUD official development plan, and/or other city codes and requirements.

(3)

The city council may by formal agreement with a property owner designate an approval other than those described above to serve as the site specific development plan approval for a specific project.

Vested property right. "Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

(Ord. 1477, 1999)

For those developments for which the applicant wishes the creation of vested rights, the applicant shall specifically request the approval by the city of the designated site specific development plan as a vested right. Such request shall be made in writing at least 30 days prior to the date that the approval is to be considered. Failure of the landowner to request such an approval renders the plan not a "site specific development plan" and no vested rights shall be deemed to have been created.

(Ord. 1477, 1999)

No site specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may, at the city's option be combined with the notice required by C.R.S. 31-23-304, as amended, for zoning regulations, or with any other required notice. At such hearing interested persons shall have an opportunity to be heard.

(Ord. 1477, 1999)

A site specific development plan shall be deemed approved upon the effective date of the city council approval actions relating thereto, as set forth at section 18.66.030 above. In the event amendments to a site specific development are proposed and approved, the effective date of such amendments, for proposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the city council specifically finds to the contrary and incorporates such finding in its approval of the amendment.

(Ord. 1477, 1999)

Unless otherwise specifically granted by city council, any vested property right conveyed by reason of compliance with this chapter shall expire and terminate three years after its initial creation.

(Ord. 1477, 1999)

Each map, plat, or site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than 14 days after approval of the site specific development plan, in a newspaper of general circulation with the city.

(Ord. 1477, 1999)

In addition to any and all other fees and charges imposed by this code, the applicant for approval of a site specific development plan shall pay the costs occasioned to the city as a result of the site specific development plan review, including publication of notices, public hearing and review costs. The application fee necessary to cover such costs is hereby imposed as a flat fee of $500.00.

(Ord. 1477, 1999)

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this code pertaining to the development and use of property.

(Ord. 1477, 1999)

Nothing in this chapter is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this chapter shall be deemed to be repealed, and the provisions hereof no longer effective.

(Ord. 1477, 1999)