(a)

Purpose. The purpose of this section is to provide the procedures necessary to implement the provisions of C.R.S. § 24-68-101 et seq., as amended.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Site-specific development plan means the final approval step, irrespective of its title, which occurs prior to building permit application in the process of any subdivision, condominium, PUD zoning or other development of real estate for which a site plan may be required; provided, however, that if the landowner wishes said approval to have the effect of creating vested rights pursuant to C.R.S. § 24-68-101 et seq., as amended, the landowner/developer must so request at least 20 days prior to the date said approval is to be considered. Failure to so request renders the approval not a "site-specific development plan," and no vested rights shall be deemed to have been created. The board of trustees may, by agreement with the landowner/developer, designate a means and/or time of approval other than that described above, to serve as the site-specific development plan approval for a specific project.

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.

(c)

Notice and hearing. No site-specific development plan shall be approved until after a public hearing, preceded by written notice thereof. Such notice may, at the town'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.

(d)

Approval; effective date; amendments. A site-specific development plan shall be deemed approved upon the effective date of the approval action by the board of trustees relating thereto, as set forth in subsection (b) of this section. 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, unless the board of trustees specifically finds to the contrary and incorporates such finding in its approval of the amendment.

(e)

Notice of approval. 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 C.R.S. § 24-68-101 et seq., 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 within the town.

(f)

Payment of costs. 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 all costs incurred by the town as a result of the site-specific development plan review, including publication of notices, public hearing, legal fees and review costs. At the option of the town, these costs may be imposed as a flat fee as set out in the town fee schedule.

(g)

Other provisions unaffected. 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.

(h)

Limitations. Nothing in this section is intended to create any vested property right, but only to implement the provisions of C.R.S. § 24-68-101 et seq., as amended. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this section shall be deemed to be repealed, and the provisions hereof no longer effective.

(Ord. No. 1999-6, § 1(15.10-1)—(15.10-8), 12-1-1999)