This Article specifies procedures necessary to implement Article 68 of Title 24, C.R.S., which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site-specific development plan. No vested rights shall be created within the Town except through a site-specific development plan. For purposes of this Article of the Code, a site-specific development plan shall be limited to the following: final subdivision, site plan, and/or a development agreement that creates a vested property right and is adopted as a legislative act of the Town. Zoning and annexation shall not result in the creation of vested property rights, other than as accompanied by the approval of a site-specific development plan. For all other development application types of this Code, applicants should reference the lapse of approval criteria and application specific effect of decision criteria of this Code.

(Ord. 2021-08 §2; Ord. No. 2023-08, §5)

(a)

Request for site-specific development plan approval. Landowners wishing the creation of vested property rights pursuant to Article 68 of Title 24, CRS shall request such approval in writing at least thirty (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 property rights shall be deemed to have been created.

(b)

Notice and hearing. No site-specific development plan shall be approved until the Town publishes notice of such a hearing in accordance with the applicable development application notification requirements of this Code. Such notice may, at the Town's option, be combined with any other required notice. At such a hearing, all interested persons shall have an opportunity to be heard.

(c)

Approval, conditional approval, effective date, amendments, referendum, and review.

(1)

A site-specific development plan shall be deemed approved upon the effective date of the Town action granting final approval of the plan. The 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.

(2)

The Town Council may approve a site-specific development plan with terms and conditions as may be necessary to protect the public health, safety, and welfare. Such conditional approval will result in a vested property right, although failure to abide by all such terms and conditions shall result in a forfeiture of the vested property right.

(3)

In the event amendments to a site-specific development plan are 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 Town Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.

(4)

The approval of vested property rights shall be subject to all rights of referendum and judicial review.

(5)

The approval of vested property rights 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 of a notice to the general public of the site-specific development plan and creation of vested property rights.

(d)

Notice of approval.

(1)

Each plat or site plan constituting a site-specific development plan by this Code shall contain the following notice:

"This Plan constitutes a site-specific development plan as defined in Article 68 of Title 24, CRS and as adopted as part of the Land Use Code by the Town of Severance, Colorado."

Failure to contain this statement shall invalidate the creation of the vested property right.

(e)

Duration of vested property right. A property right that has been vested as provided herein shall, upon compliance with the terms and conditions of the approval thereof, remain vested for a period of three (3) years, except that the Town Council may, in its sole discretion, grant vested property rights for a longer period within a final plat, site plan, and/or development agreement when warranted in light of all relevant circumstances, including but not limited to the size and phasing of the development, economic cycles and market conditions. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Town Council in an ordinance approving such amendments. For purposes of this Code, completion of a development shall include installation of all engineered improvements (i.e., water, wastewater, streets, curb, gutter, sidewalks, fire hydrants and storm drainage improvements) in accordance with the Town rules and regulations.

(f)

Extensions. A vested property right may be extended for periods of one (1) year by the Town Council. The property owner must request an extension in writing not later than thirty (30) days prior to the date of expiration of the vested right. Prior to the expiration of the original vesting timeframe or the extension timeframe, an applicant may formally request an additional extension if substantial progress has been made on installation of public improvements. In considering whether to grant an extension, the Town Council shall apply the following criteria:

(1)

That there is no conflict with this Code or that any conflict with the Code can be corrected by an amendment to the plan, which shall be presented with the request for extension.

(2)

That the applicant has demonstrated that the plan continues to be compatible with adjacent properties and the surrounding areas or that compatibility may be established by an amendment to the plan, which shall be presented with the request for an extension.

(3)

That the applicant has demonstrated that the plan is consistent with the Town's Comprehensive Plan.

(g)

Other provisions unaffected. Approval of a site-specific development plan shall not constitute an exemption or waiver of any other provisions or requirements of this Code or the Town pertaining to the development or use of property, adopted or applicable before or after the approval of the site-specific development plan.

(h)

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 related to such application, including but not limited to publication of notices, public hearing costs, county recording fees and third-party review costs.

(i)

Limitations. This Article is enacted pursuant to the provisions of Article 68 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 and the provisions hereof no longer effective.

(j)

Disclosure of previously granted vested property rights and hazards.

(1)

Any petition for annexation to the Town shall describe all vested property rights approved by any local or county government in effect at the time of the petition, if any, and shall be accompanied by all site-specific development plans approved by any local government. Failure to so identify any previously approved vested property right and to provide all approved site-specific development plans shall constitute a waiver of the vested rights created by any other local or county government upon annexation to the Town, unless specifically provided otherwise in the ordinance of annexation adopted by the Town.

(2)

The applicant shall be required to include with any plan submitted for approval as a site-specific development plan notice of any natural or human-made hazards on or in the immediate vicinity of the subject property that are known to the applicant or could be discovered at the time of submission of the plan. Should a hazard on or in the immediate vicinity of the property be discovered subsequent to the approval of a site-specific development plan, which would impose a serious threat to the public health, safety and welfare and is not corrected by the applicant, the vested property right created by such site-specific development plan shall be forfeited by the applicant.

(Ord. 2021-08 §2; Ord. No. 2023-08, §5)