The title of this Article shall be the Town "Vested Property Rights Regulation" and may be so cited and pleaded.

(Prior code 11-1-1; Ord. 956 § 1, 2014)

The Town is expressly enabled to establish and administer this regulation by Article 78 of Title 24, C.R.S. Should further authorizing legislation exist prior to adoption of this regulation or be enacted following adoption of the regulation, this regulation is additionally deemed to be adopted pursuant thereto.

(Prior code 11-1-2; Ord. 956 § 1, 2014)

The provisions of this Article shall apply to all private and public property located within the Town, except as otherwise prohibited by state or federal law.

(Prior code 11-1-3; Ord. 956 § 1, 2014)

(a)

Interpretation and Application:

(1)

The provisions of this Article shall be considered the minimum requirements for the protection of the public health, safety, welfare, comfort, convenience and prosperity of the present and future residents within the Town. Consequently, this Article shall be regarded as remedial, and, where appropriate, it shall be construed liberally in order to accomplish its purpose.

(2)

Whenever a given element in this Article contains provisions regarding the same subject matter as any other regulation or any other law, statute, regulation, resolution or contract of the Town, the provisions of this Article shall prevail whenever possible.

(b)

Severability. Should any part, section or provision of this Article be declared illegal, unconstitutional or otherwise invalid by any court of competent jurisdiction, such action shall have no bearing upon the validity, application or effect of the remainder of this Article or any other regulation of the Town.

(c)

Adoption and Enactment. The various parts, sections and provisions of this Article shall take effect immediately upon their adoption or enactment by the appropriate authorities within the Town, and they shall remain in full force until amended, repealed or replaced.

(d)

Repeal. Any existing provisions of regulations previously adopted by the Town which conflict with any provision of this Article required by the provisions of Article 78 of Title 24, C.R.S., are hereby declared to be null, void and repealed.

(Prior code 11-1-4; Ord. 956 § 1, 2014)

The purposes of this Article are as stated in Section 24-68-101, C.R.S., and this Article is adopted for the purpose of local government compliance with Article 78 of Title 24, C.R.S.

(Prior code 11-1-5; Ord. 956 § 1, 2014)

As used within this Article, the following shall apply:

Applicant means Landowner.

Landowner means any owner of a legal or equitable interest in real property, including the heirs, successors and assigns of such ownership interest.

Property means all real property subject to land use regulation in the Town.

Site-specific development plan means a previously approved and valid final subdivision plat, final PUD plan or other development approval as allowed by a majority vote of the Board of Trustees, that has been approved by the Board of Trustees, upon request by the landowner and in compliance with the provisions of this Article, as a site-specific development plan. In the event that more than one (1) of these development approvals are involved in a land development change, it shall be the final approval that is eligible to become a site-specific development plan.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan, as provided for within the provisions and limitations of this Article.

(Prior code 11-1-6; Ord. 956 § 1, 2014)

(a)

Submittal Requirements:

(1)

Any landowner wishing to have a proposed land development change eligible to be approved as a site-specific development so approved shall request that the proposed thirty (30) days before the eligible land development change is scheduled to be considered by the Board of Trustees for final approval.

(2)

Such requests shall be submitted in writing to the Board of Trustees, stating the proposed change that the landowner wished to have approved as a site-specific development plan, the reason why the landowner so wishes the approval and the duration of time that the landowner wishes the vested property right to endure. Failure to so request within thirty (30) days of the final approval of the eligible land development change shall render the approval not a site-specific development plan, and no vested property right shall be deemed to have been created.

(3)

All maps, charts, plats and other documents submitted as requirements for approval of land development changes that a land owner wishes to be designated as site-specific developments must contain in a prominent location in clear, visible lettering the following statement:

Approval of this document may create a vested property right of three (3) or more years' duration on the affected property, pursuant to local land use regulations and Article 78 of Title 24, C.R.S.

(b)

Review Procedures; Three-Year Vested Site-Specific Development Plans. Approval or conditional approval of the eligible proposed land use change by the Board of Trustees shall also constitute approval of the proposed change as a site-specific development plan, within the limitations of this Article; provided that the provisions of this Article and all other land development regulations and provisions of the Town are complied with by the landowner and the landowner's agents or representatives. Such approved site-specific development plans shall create a vested property right of three (3) years' duration. Denial of the eligible proposed land use change shall also cause denial of approval of the proposed site-specific development plan, and no vested property right shall be deemed to have been created.

(c)

Review Procedures and Other Site-Specific Development Plans. Upon approval or conditional approval of a eligible proposed land use change that would create a site-specific development plan with a vested property right of more than three (3) years duration, the Board of Trustees shall then consider and decide by majority vote the duration of the vested property right to be granted. In so deciding, the Board of Trustees shall base its decision on the following considerations:

(1)

All adopted comprehensive plans and other regulations of the Town;

(2)

The extent, intensity, characteristics, development time and duration of the land use changes encompassed within the site-specific development plan;

(3)

The professional level and extent of experience of the landowner and the landowner's record of accomplishing similar proposed plans.

(4)

The potential fiscal consequences, budget implications and other financial and institutional consequences to the residents and local governments of the Town of approving a vested property right of more than three (3) years' duration.

(d)

Special Conditions Attached to Site-Specific Development Plans. Following approval or conditional approval of an eligible land use change that would create a site-specific development plan, the Board of Trustees may attach to the site-specific development plan such additional conditions and special provisions as it may reasonably deem necessary to protect the public health, safety and welfare. These conditions and provisions shall be conveyed in written form to the landowner, with written notice of the action taken, within ten (10) working days of the date that the action was taken.

(e)

Planning and Community Development Commission Participation in Plan Review. The Board of Trustees may, at its discretion, as a routine matter or on a case-by-case basis, seek advice and recommendations from the Planning and Community Development Commission, regarding all aspects of a proposed vested property rights. Such Planning and Community Development Commission recommendations and advice may include but need not be limited to conditions and provisions that should be attached to the plan; and the Planning and Community Development Commission may, in turn, seek the advice of referral agencies in preparing its own recommendations. Any referral agency procedures initiated by the Planning and Community Development Commission shall comply with the subdivision referral agency procedures and provisions of the Town.

(Prior code 11-1-7; Ord. 956 § 1, 2014)

(a)

At such intervals as a specified in its decision, or at such other time as circumstances may warrant, the Board of Trustees may request the Planning and Community Development Commission to review the terms, conditions or other provisions of a site-specific development plan approval issued by the Board of Trustees and, upon review of the permit provisions, the Planning and Community Development Commission may recommend to the Board of Trustees time periods in which any violations of the terms or conditions shall be corrected and how the corrections shall be accomplished, or the Planning and Community Development Commission may recommend revocation of the site-specific plan approval.

(b)

In the event that the Planning and Community Development Commission recommends revocation of the plan approval or other significant corrective action, such recommendation and the reasons for it shall be forwarded to the Board of Trustees within ten (10) days of that action. Within thirty (30) days of receiving such recommendation, the Board of Trustees shall schedule a public hearing, to be conducted as specified in Section 16-15-30 of this Chapter.

(c)

Following the conduct of the public hearing, the Board of Trustees shall act to revoke or impose additional or amended conditions or sanctions on the site-specific development plan approval previously granted. Subsequent failure of a landowner, or a landowner's agents or representatives, to comply within the stipulated time periods or with any of the other conditions and provisions under which the site-specific development plan was originally approved, or to comply with the revised conditions and provisions, shall be adequate reason for revocation of a site-specific development plan approval by the Board of Trustees without the conduct of additional public hearings.

(d)

Upon revocation of the approval of a site-specific development plan, any vested property rights previously created shall cease to exist and notice of the revocation of the site-specific development plan and abolition of the vested property rights shall be published in a local newspaper of general circulation as specified in Section 16-13-90 below.

(e)

At the request of a landowner or by mutual consent of a landowner and the Board of Trustees, site-specific development plans and their terms and conditions may be amended, provided that such amendments comply with the procedural requirements of this Section and the notification requirements of Section 16-13-90 below. At the discretion of the Board of Trustees in the case of mutually agreed upon amendments of a minor or technical sort, the public hearing requirements contained in Subsection (c) above may, however, be suspended.

(Prior code 11-1-8; Ord. 956 § 1, 2014)

Any vested property rights created by approval of a site-specific development plan shall be deemed established upon the approval or conditional approval of the site-specific development plan. Within fourteen (14) days of approval of a site-specific development plan, the Town shall cause to be published in a local newspaper of general circulation notice of the approval or conditional approval of a site-specific development plan and creation of a vested property right.

(Prior code 11-1-9; Ord. 956 § 1, 2014)

The provisions of this Article shall be limited by the following provisions and stipulations:

(1)

The purpose of this Article is solely to implement the provisions of Article 78 of Title 24, C.R.S. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Article shall be deemed to be repealed, the provisions contained herein shall no longer apply and the Board of Trustees may, at its discretion, upon the conduct of a public hearing, revoke all vested property rights previously created by this Article.

(2)

In taking action on site-specific development plans, the Board of Trustees may impose any such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

(3)

All vested property rights created by the authority of this Article may be modified, diminished or abolished by circumstances that include, but are not necessarily limited to, the following events:

a.

Consent of an affected landowner;

b.

Failure of the affected landowner to conform to the provisions and conditions under which a site-specific development plan was approved;

c.

Discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time the site-specific development plan was approved, so long as such hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare;

d.

Payment of just compensation to an affected landowner; and

e.

Application by the Board of Trustees of land use and related regulations which are general in nature and applicable to all property subject to land use regulation by the Town.

(4)

Approval of a site-specific development plan shall not constitute an exemption from or a waiver of any provisions of the land use regulations or other lawfully established provisions of the Town pertaining to the development, use or exchange of property unless such exemption or waiver is expressly granted by the Town.

(Prior code 11-1-10; Ord. 956 § 1, 2014)