CHAPTER 19: VESTED PROPERTY RIGHTS
Section
12-19-1 Purpose
12-19-2 Definitions
12-19-3 Notice; hearing
12-19-4 Approval procedure
12-19-5 Effective date of approval
12-19-6 Vested property rights; duration
12-19-7 Notice of approval
12-19-8 Exception to vesting of property rights
12-19-9 Payment of costs
12-19-10 Other provisions unaffected
12-19-11 Limitations
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SITE SPECIFIC DEVELOPMENT PLAN. Shall mean and be limited to a final major or minor subdivision plat, or a special development district development plan.
VESTED PROPERTY RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan.
(Ord. 2(1991) § 1; Ord. 29(2005) § 41)
No site specific development plan shall be approved by the Town Council or any town board or commission as applicable, until after a public hearing proceeded by written notice of such hearing, in accordance with Chapter 3 of this title. Such notice may, at the option of the town, be combined with the notice for any other hearing to be held in conjunction with the hearing on the site specific development plan for the subject property. At such hearing, persons with an interest in the subject matter of the hearing shall have an opportunity to present relevant or material evidence as determined by the Town Council or town board or commission as applicable.
(Ord. 2(1991) § 1)
The action of the Town Council or town board or commission as applicable for approval of a site specific development plan shall be in the same form as that required to approve any request being considered for the subject property in conjunction with the hearing on the site specific development plan, such action being either by ordinance, resolution or motion as the case may be. If any action by any board or commission is appealed to or called up by the Town Council, approval shall be deemed to occur when a final decision of the Town Council is rendered approving the site specific development plan. The approval may include such terms and conditions as may be reasonably necessary to protect the public health, safety and welfare, and the failure to abide by any such terms and conditions may, at the option of the Town Council or town board or commission as applicable, and after public hearing, result in the forfeiture of vested property rights.
(Ord. 2(1991) § 1)
A property right which has been vested as provided for in this chapter shall remain vested for a period of three years. In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments for purposes of the duration of the vested property right, shall be the date of the approval of the original site specific development plan, unless the Town Council or applicable board or commission specifically finds to the contrary and incorporates such finding in its approval of the amendment.
(Ord. 2(1991) § 1)
(A) Each map, plat, or 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 C.R.S. Title 24, Article 68, as amended.
(B) 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 parcel or parcels 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. 2(1991) § 1)
(A) A vested property right, even though once established as provided in this chapter, precludes any zoning or land use action by the town or pursuant to an initiated measure which would alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the site specific development plan, except:
(1) With the consent of the affected landowners;
(2) Upon the discovery of natural or human-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or
(3) (a) To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultants fees incurred after approval by the Town Council, or applicable town board or commission, together with interest thereon at the legal rate until paid.
(b) Just compensation shall not include any diminution in the value of the property which is caused by such action.
(B) The establishment of a vested property right pursuant to law shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the town, including, but not limited to, building codes, fire, plumbing, electrical and mechanical codes, housing, and dangerous building codes, and design review guidelines.
(Ord. 2(1991) § 1)
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 relating to such approval 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 fee of $100.
(Ord. 2(1991) § 1)
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