§ 153.126 WAIVER OR FORFEITURE OF VESTED RIGHTS.
   (A)   Failure to abide by any terms or conditions of the approval of any SSDP imposed by the town shall constitute a forfeiture by the landowner of any vested right created by the plan unless otherwise specifically agreed by the town in writing.
   (B)   Any petition for annexation to the town shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and be accompanied by all SSDPs approved by any local government. Failure to so identify any previously approved vested property right and provide all approved SSDPs shall constitute a waiver of the vested right(s) created by any other local government upon annexation to the town unless specifically provided otherwise in the ordinance of annexation adopted by the town.
   (C)   The landowner shall be required to include with any plan submitted for approval as an SSDP notice of any natural or human-made hazards on or in the immediate vicinity of the subject property which are known to the landowner or could reasonably be discovered at the time of submission of the plan. Should a hazard on or in the immediate vicinity of the property be discovered subsequent to the approval of a SSDP which would impose a serious threat to the public health, safety and welfare and is not corrected by the landowner, the vested property right created by such SSDP shall be forfeited by the landowner.
   (D)   A new SSDP submitted by a landowner and approved by the town forfeits any pre-existing vested rights for the property.
   (E)   Failure of the landowner to publish the notice required by division (F) below constitutes a waiver by the landowner of the vested right created by the approval of the SSDP.
   (F)   Each SSDP, upon approval by the town, shall contain a statement as follows: “This plan constitutes a site-specific development plan as defined in C.R.S. §§ 24-68-101 et seq., and the Town of Wiggins Land Development Code.” [and, if applicable] “The terms and conditions of such approval are contained in Resolution No.____ adopted by the Town on _____________ and available at the Wiggins Town Hall, ______________, Wiggins, Colorado.” In addition, a notice describing the type and intensity of use proposed, the specific parcel or parcels of property affected, the terms and conditions of any approval and stating that a vested property right pursuant to C.R.S. Title 24, Article 68, has been created shall be published once, no later than 14 days after approval of the SSDP, in a newspaper of general circulation within the town by the landowner at the expense of the landowner. The period of time permitted by law for the exercise of a vested right shall not begin to run until the date of such publication. Failure to publish this notice constitutes a forfeiture of the vested right.
(Ord. 2-98, passed 4-22-1998)