Chapter 17.50
VESTED PROPERTY RIGHTS
Sections:
17.50.040 Approval – Effective date – Amendments.
17.50.010 Purpose.
The purpose of this chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended. [Ord. 719 § 2, 2008. Code 1999 § 17-3-1].
17.50.020 Request to vest.
In the event an applicant for site development approval wishes approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, the applicant must so request to the town, in writing, at least 30 days prior to the date said approval is to be considered, accompanied by the owner’s proposed formal notice of the creation of the vested property right. Failure to so request renders the approval not a site-specific development plan, and no vested rights shall be deemed to have been created. [Ord. 719 § 2, 2008. Code 1999 § 17-3-2].
17.50.030 Notice and hearing.
No site-specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may at the town’s option be combined with the notice required by Section 31-23-304, C.R.S., as amended, for the zoning regulations, or with any other required notice. At such hearing, interested persons shall have the opportunity to be heard. [Ord. 719 § 2, 2008. Code 1999 § 17-3-3].
17.50.040 Approval – Effective date – Amendments.
A site-specific development plan shall be deemed approved upon the effective date of the board approval action relating thereto, as set forth above. In the event amendments to a site-specific development plan 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 board specifically finds to the contrary and incorporates such finding in its approval of the amendment. [Ord. 719 § 2, 2008. Code 1999 § 17-3-4].
17.50.050 Notice of approval.
Each map, plat or site plan 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, 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. 719 § 2, 2008. Code 1999 § 17-3-5].
17.50.060 Payment of costs.
In addition to any and all other fees and charges imposed by this code, the applicant for approval of this site-specific development plan shall pay all costs occasioned to the town 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 flat fee, established by the board by resolution. [Ord. 719 § 2, 2008. Code 1999 § 17‑3‑6].
17.50.070 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 any ordinance, or the development and use of property. [Ord. 719 § 2, 2008. Code 1999 § 17-3-7].
17.50.080 Limitations.
Nothing in this chapter is intended or shall be deemed 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 Article 68 or a judicial determination that Article 68 is invalid or unconstitutional, this chapter shall be deemed to be repealed and the provisions hereof no longer effective. [Ord. 719 § 2, 2008. Code 1999 § 17-3-8].