2022 Colorado Code
Title 24 - Government - State
Article 68 - Vested Property Rights
§ 24-68-102. Definitions

Universal Citation: CO Code § 24-68-102 (2022)

As used in this article, unless the context otherwise requires:

  1. "Application" means a substantially complete application for approval of a site specific development plan that has been submitted to a local government in compliance with applicable requirements established by the local government. For local governments that have provided for the review and approval of site specific development plans in multiple stages, "application" means the original application at the first stage in any process that may culminate in the ultimate approval of a site specific development plan.

    (1.5) "Landowner" means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests.

  2. "Local government" means any county, city and county, city, or town, whether statutory or home rule, acting through its governing body or any board, commission, or agency thereof having final approval authority over a site specific development plan, including without limitation any legally empowered urban renewal authority.
  3. "Property" means all real property subject to land use regulation by a local government.
    1. "Site specific development plan" means a plan that has been submitted to a local government by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, any of the following plans or approvals: A planned unit development plan, a subdivision plat, a specially planned area, a planned building group, a general submission plan, a preliminary or general development plan, a conditional or special use plan, a development agreement, or any other land use approval designation as may be utilized by a local government. What constitutes a site specific development plan under this article that would trigger a vested property right shall be finally determined by the local government either pursuant to ordinance or regulation or upon an agreement entered into by the local government and the landowner, and the document that triggers such vesting shall be so identified at the time of its approval.
    2. "Site specific development plan" shall not include a variance, a preliminary plan as defined in section 30-28-101 (6), C.R.S., or any of the following:
      1. A sketch plan as defined in section 30-28-101 (8), C.R.S.;
      2. A final architectural plan;
      3. Public utility filings; or
      4. Final construction drawings and related documents specifying materials and methods for construction of improvements.
  4. "Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

Source: L. 87: Entire article added, p. 1838, § 1, effective January 1, 1988. L. 99: (1) and (4) amended and (1.5) added, p. 860, § 1, effective May 24.

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