§ 153.125 WHEN DEVELOPMENT RIGHTS ARE VESTED.

   This vested rights section provides the procedures necessary to implement the provisions of C.R.S. Title 24, Article 68, which establishes a vested property right to undertake and complete development of real property under the terms and conditions of a site-specific development plan (hereinafter SSDP). No vested rights shall be created within the town except through a SSDP.

   (A)   Definition of site-specific development plan.

      (1)   A SSDP within the town may be established at the final approval of a development by the town which occurs prior to a building permit application. If a landowner wishes the approval of any of the following plans to have the effect of creating vested property rights pursuant to state law, the landowner must so request at least 20 days prior to the date said approval is to be considered and pay the applicable fee. Failure to so request approval of an SSDP and pay the fee therefor renders the approval not an “SSDP”, and no vested rights shall be deemed to have been created.

      (2)   An SSDP may not be approved prior to the approval of any of the following by the town; however, an SSDP may be approved concurrently with the following plan approvals:

         (a)   For all property zoned PD under the this chapter, a final development plan described in this chapter;

         (b)   For all other properties within the town, the final plat for single-family detached residences defined in this chapter;

         (c)   An approved site development plan (SDP);

         (d)   An approved site plan for a special or conditional use permit; and

         (e)   1.   Notwithstanding anything above to the contrary, an SSDP may be defined in a development agreement between the town and the landowner to supersede the definition of this chapter.

            2.   Submission requirements for an SSDP or site development plan are found in § 153.177.

   (B)   Notice and hearing. No SSDP shall be approved until after public notice and a public hearing before the Town Board of Trustees.

   (C)   Approval conditions. An SSDP shall be deemed approved upon the effective date of the action of the Town Board. The approval of the Board shall be accompanied by any terms or conditions imposed on the SSDP.

(Ord. 2-98, passed 4-22-1998)