The purpose of this Chapter is to provide the exclusive procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S.

(Prior Code, § 1-19-1)

As used in this Chapter, unless the context otherwise requires:

Site specific development plan means, for all developments, the final approval, adopted by ordinance, which occurs prior to a building permit application; provided, however, that, if the landowner wishes said approval to have the effect of creating vested rights pursuant to Article 68 of Title 24, C.R.S., the landowner must so request at least 30 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. Site specific development plan does not include a variance, or a sketch plan as defined in Section 30-28-101(8), C.R.S., a preliminary plan as defined in Section 30-28-101(6), C.R.S., a final architectural plan, a public utility filing or final construction drawings and related documents specifying materials and methods for construction of improvements, although these actions may be required by the Town as part of the site specific development plan process.

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.

(Prior Code, § 1-19-2)

No site specific development plan shall be approved until after a public hearing, preceded by written 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., for zoning regulations, or with any other required notice. At such hearing, interested persons shall have an opportunity to be heard.

(Prior Code, § 1-19-3)

A site specific development plan shall be deemed approved upon the effective date of the Board of Trustees' approval action relating thereto, as set forth above. 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.

(Prior Code, § 1-19-4)

Each map, plat, 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 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, the specific parcels of property affected and stating that a 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 in the Town.

(Prior Code, § 1-19-5)

In addition to any and all other fees and charges imposed by the Town, 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 and review costs. At the option of the Town, these costs may be imposed as a flat fee as set forth in the Town Fee Schedule.

(Prior Code, § 1-19-6)

(a)

Any approval of a site specific development plan may include such terms and conditions as the Town may elect to impose, or may be subject to the terms and conditions of an agreement between the Town and the landowner. Any such agreement may include a waiver of all or part of the vested property rights or a stipulation that such rights will terminate sooner than otherwise provided by law. Terms and conditions imposed or agreed upon may include, without limitation: future approvals by the Town not inconsistent with the original approval; approvals by other agencies or governments; satisfactory inspections; completion of all or certain phases of a project by certain dates; waivers of rights completion and satisfactory review of studies or reports; payment of fees to the Town or other governmental or quasi-governmental agencies as they become due and payable; payment of costs and expenses incurred by the Town relating to the approval, continuing review and supervision of the plan and its implementation and developments; construction of improvements or facilities for the use of future landowners or the public at large; dedication of common area or open space, with provision for its maintenance, etc.

(b)

Failure to comply with any term or condition imposed or agreed upon shall immediately and automatically terminate the vested property rights. This Section shall be strictly construed. Any determination by the Town that vested property rights have been terminated hereunder may be appealed to the Board of Zoning Adjustments, but the sole issue shall be whether the landowner failed to abide by the relevant term or condition. Any term or condition so imposed may be modified or withdrawn only by the board or official of the Town who imposed it, and only upon being reduced to writing. No other act which might amount to a waiver or an estoppel (but for this section) shall be effective.

(Prior Code, § 1-19-7)

Approval of a site specific development plan shall not constitute an exemption from or waiver of any provision of any ordinance, law, rule or regulation concerning the development and use of real property not directly or expressly included within such approval. Any general rezoning or other regulation adopted by the Town which does not apply to a certain property due solely to the existence of previously vested property rights shall automatically become applicable to the property immediately upon divestment, whether due to passage of time, operation of law, termination for failure to abide by terms and conditions or otherwise.

(Prior Code, § 1-19-8)

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. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Chapter shall be deemed to be repealed and the provisions hereof no longer effective.

(Prior Code, § 1-19-9)