Chapter VII, Section VIII - Vested Property Rights
Sec. 7-8-1 Intent
Sec. 7-8-2 Definitions
Sec. 7-8-3 Notice and hearing
Sec. 7-8-4 Development agreements
Sec. 7-8-5 Notice of approval
Sec. 7-8-6 Approval; effective date; amendments
Sec. 7-8-7 Payment of costs
Sec. 7-8-8 Other provisions unaffected
Sec. 7-8-9 Limitations
Sec. 7-8-1. Intent.
The intent of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., and to effectuate local control over creation of vested property rights to the fullest extent permitted under the law. (Ord. 479 §1, 2000)
Sec. 7-8-2. Definitions.
Site specific development plan shall mean a map, plat or site plan that has been submitted to the Town by a landowner or such landowner's representative describing, with reasonable certainty, the type and intensity of use for a specific parcel or parcels of property and upon which such landowner or representative has requested a hearing for the purpose of having the map, plat or site plan declared to be a site specific development plan. Such plan may be in the form of any of the following: final site plan, final subdivision plat, planned unit development plan, use by special review or as otherwise agreed by the Town Board and the owner for a specific project or development phase which occurs prior to a building permit application. The Town shall hold a hearing pursuant to Section 7-8-3, which hearing will be scheduled for a date after the successful approval of the development at all other required stages of the development review process. If a landowner or landowner's representative fails to request such designation and appropriate hearing, no vested property right shall deem to have been created by any stage of the process.
Vested property right shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan and shall be created only when such plan has been approved by the Town Board by ordinance or resolution after a hearing held pursuant to Section 7-8-3. Such right shall be vested for a period of three (3) years from the date of that ordinance or resolution. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town Board. (Ord. 479 §1, 2000)
Sec. 7-8-3. Notice and hearing.
(a) No site specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing which is published in a newspaper of general circulation at least ten (10) days prior to such hearing. Such notice may, at the Town's option, be combined with the notice required for final plan approval or any other required notice. At such hearing, interested persons shall have an opportunity to be heard.
(b) The Town Board may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. The conditional approval shall result in vested property rights, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights. (Ord. 479 §1, 2000)
Sec. 7-8-4. Development agreements.
The Town Board may enter into development agreements with landowners, provided 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. (Ord. 479 §1, 2000)
Sec. 7-8-5. Notice of approval.
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 creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved and 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 a newspaper of general circulation. (Ord. 479 §1, 2000)
Sec. 7-8-6. Approval; effective date; amendments.
A site specific development plan shall be deemed approved when the Town Board approves the related ordinance or resolution subject to the right of appeal and judicial review. In the event amendments to a site specific development 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 Town Board specifically finds to the contrary and incorporates such finding in its approval of the amendment. (Ord. 479 §1, 2000)
Sec. 7-8-7. 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 occasioned to the Town as result of the site specific development plan review, including publication of notices, public hearing and review costs, which costs may be established by the Town Board by resolution. (Ord. 479 §1, 2000)
Sec. 7-8-8. Other provisions unaffected.
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. 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 Town, including but not limited to building, fire, plumbing, electrical and mechanical codes. (Ord. 479 §1, 2000)
Sec. 7-8-9. Limitations.
Nothing in this Section 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. 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. (Ord. 479 §1, 2000)
