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

For the purposes of this Article VIII, certain terms or words used herein shall be interpreted as defined in Section 23-1-90.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-02)

A property right which has been vested as provided for in this Article shall remain vested for a period of three (3) years. This vesting period shall not be extended by any amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the Board of County Commissioners.

(Weld County Code Ordinance 2019-02)

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 COUNTY's option, be combined with the notice required for the Use by Special Review, PLANNED UNIT DEVELOPMENT Final Plan, or with any other required notice. Interested persons shall have an opportunity to be heard at the hearings.

A.

A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date of final or conditional approval action as detailed in this Code. 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 County Commissioners specifically finds to the contrary and incorporates such finding in its approval of the amendment.

B.

A SITE-SPECIFIC DEVELOPMENT PLAN may be approved upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. The conditional approval shall result in a VESTED PROPERTY RIGHT, although failure to abide by such terms and conditions will result in a forfeiture of VESTED PROPERTY RIGHTS.

(Weld County Code Ordinance 2019-11)

The Board of County Commissioners may enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted, in light of all relevant circumstances, including, but not limited to, the size and phasing of the DEVELOPMENT, economic cycles and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum as provided for in the Home Rule Charter.

(Weld County Code Ordinance 2019-02)

Each map, plat 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 creating of the VESTED PROPERTY RIGHT. In addition, a notice describing generally the type and intensity of USE approved, 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 fourteen (14) days after approval of the SITE SPECIFIC DEVELOPMENT PLAN, in the newspaper designated by the Board of County Commissioners for publication of notices.

In addition to any and all other fees and charges imposed by this Chapter, the applicant for approval of a SITE SPECIFIC DEVELOPMENT PLAN shall pay all of the County's costs resulting from the SITE SPECIFIC DEVELOPMENT PLAN review, including publication of notices, public hearing and review costs.

Approval of a SITE SPECIFIC DEVELOPMENT PLAN shall not constitute an exemption from or waiver of any other provisions of this Chapter pertaining to the DEVELOPMENT and USE of property. 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 the COUNTY including, but not limited to, building, fire, plumbing, electrical and mechanical codes.

(Weld County Code Ordinance 2019-02)

The provisions in this Article are intended to implement the provisions of Article 68 of Title 24, C.R.S. Pursuant to Section 24-68-103(1)(c) C.R.S., the 1041 WOGLA Permit 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. 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.

(Weld County Code Ordinance 2019-11)