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.

No site specific development plan shall be approved, nor shall a vested property right be created, until after a public hearing before the body responsible for the final decision, preceded by written published notice of such hearing. Such notice may at the town's option, be combined with the notice required by section 31-23-304, C.R.S., as amended for zoning regulations, or with any other notice. At such hearing interested persons shall have an opportunity to be heard.

A site specific development plan shall be deemed approved upon the effective date of the approval action relating thereto, as set forth at section 21-601. 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 vested property right, shall be the date of approval of the original site specific development plan, unless the approval action is taken following a noticed public hearing, and incorporates an extension of the duration of the vested property right.

Each map, plat, or site plan or other document constituting a site specific development plan, for which a vested property right is sought, shall contain the following language: "Approval of this plan creates 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 approved use, 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. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication advising the general public of the creation of the vested property right.

A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto, as provided under section 21-602. Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights.

A vested property right, once established as provided in this article, precludes any zoning or land use action by a local government or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in a site specific development plan, except:

The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.

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 occasioned to the town as a result of the site specific development plan review, including publication of notices and public hearing costs, if a separate public hearing is necessary. A fee schedule for these costs will be maintained by the town clerk and will be updated, as necessary.

Should an applicant request a special meeting of the planning commission or town council, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission or council members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution.

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.

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.