As used in this Article, unless the context otherwise requires, the following terms shall have the following meanings:

Site specific development planmeans, for all developments, the final approval step, irrespective of its title, which occurs prior to building permit application; provided, however, that, if the landowner wishes said approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., the landowner must so request at least 28 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 developer, designate an approval other than 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 within three years of approval of such plan, unless there is an agreement between the Town and the developer for a shorter or longer duration.

(Ord. No. 5-99, § 1, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

No site specific development plan shall be approved until after a public hearing before the Board of Trustees for the final decision. Notice of such hearing shall be published once, at least seven days prior to the hearing. Such notice may, at the Town's option, be combined with the notice required by Section 31-23-304, C.R.S., for zoning modifications or with any other notice. At such hearing, interested persons shall have an opportunity to be heard.

(Ord. No. 5-99, § 2, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

Any applicant for a site specific development plan shall provide all submittals required for final plat approval as set forth in this Code, or other regulations and requirements of the Town. No applicant shall be required to provide a sketch plan as defined in Section 30-28-101(8), C.R.S., a final architectural plan, public utility filings or final construction drawings and related documents specifying materials and methods for construction of improvements.

(Ord. No. 5-99, § 3, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

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

(Ord. No. 5-99, § 4, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

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 approval of the original site specific development plan unless the approval action specifically finds to the contrary and incorporates such findings in the approval of the amendment.

(Ord. No. 5-99, § 5, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

Each map, final plat, site plan or other document constituting a site specific development plan 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 use approved and the specific parcel 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.

(Ord. No. 5-99, § 6, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

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 a fee as set forth in the Town Fee Schedule, together with all costs occasioned to the Town as a result of the site specific development plan review, including publication costs and public hearing costs, if a separate public hearing is necessary.

(Ord. No. 5-99, § 7, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

Nothing in this Article is intended to create any vested property right, but only intended to implement the provisions of Article 68 of Title 24, C.R.S.

(Ord. No. 5-99, § 8, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)

Following approval of a site specific development plan and creation of a vested property right, a notice shall be published in a newspaper of general circulation within the Town, such notice advising the general public of such approval and creation of a vested property right. Such publication shall occur within 14 days of approval pursuant to Section 24-68-103, C.R.S.

(Ord. No. 2016-4, § 1, 8-29-2016)

This Article shall be so interpreted and construed as to effectuate its general purpose.

(Ord. No. 5-99, § 9, 8-9-1999; Ord. No. 2016-4, § 1, 8-29-2016)