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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)
Nothing in this chapter is intended to create any vested property right, but only to implement the provisions of C.R.S Title 24, Article 68, as amended. In the event of the repeal of said article or judicial determination that said article is invalid or unconstitutional or does not apply to home rule municipalities such as the Town of Vail, this chapter shall be deemed to be repealed, and the provisions hereof no longer effective.
(Ord. 2(1991) § 1)