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A. Purpose. The purpose of this section is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., which article establishes a vested property right to undertake and complete development and use of real property under the terms and conditions of a site specific development plan. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this title pertaining to the development and use of property. Nothing in this section is intended to create any vested property right, but only to implement Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said article or judicial determination that said article is invalid or unconstitutional, this section shall be deemed to be repealed and the provisions hereof no longer effective.

B. Definitions. Unless modified in Article 4 of this chapter, the terms used in this section shall have the same meaning as set forth in § 24-68-102, C.R.S.

C. Governing Law.

1. Except as otherwise provided in this subsection, an application for approval of a site specific development plan as well as the approval, conditional approval, or denial of approval of a plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to the Town. For purposes of this subsection, “laws and regulations” includes any zoning or development law of general applicability adopted by the Town as well as any zoning or development regulations that have previously been adopted for the particular parcel described in the plan and that remain in effect at the time of application for approval of the plan. In the event the application for a site specific development plan requires review and approval in multiple stages, “application” means the original application submitted at the first stage in any process that may culminate in the ultimate approval of a site specific development plan.

2. Notwithstanding subsection (D) of this section, the Town may adopt a new or amended law or regulation when necessary for the immediate preservation of public health and safety and may enforce such law or regulation in relation to applications for site specific development plans pending at the time such law or regulation is adopted.

D. Alternative Creation of Vested Property Rights. If any applicant desires an approval step, other than as defined in subsection (B) of this section, to constitute an approval of a site specific development plan, the applicant must so request at least thirty (30) days prior to the date said approval by the Town Council or Planning Commission, as applicable, is to be considered. Failure to do so renders the approval by the Town Council or Planning Commission, to not constitute an approval of a site specific development plan and no vested property right shall be deemed to have been created by such approval.

E. Conditions for Approval of a Site Specific Development Plan.

1. The Town may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare, and failure to abide by such terms and conditions may, at the option of the Town Council, after public hearing, result in the forfeiture of vested property rights. This subsection shall be strictly construed. Terms and conditions imposed or agreed upon may include, without limitation:

a. Future approvals by the Town not inconsistent with the original approval;

b. Approvals by other agencies or other governments;

c. Satisfactory inspections;

d. Completion of all or certain phases of a project by certain dates;

e. Waivers of certain rights;

f. Completion and satisfactory review of studies and reports;

g. Payment of fees to the Town or other governmental or quasi-governmental agencies as they become due and payable;

h. Payment of costs and expenses incurred by the Town relating to the approval;

i. Continuing review and supervision of the plan and its implementation and development;

j. Obtaining and paying for building permits, water taps and wastewater taps;

k. Compliance with other codes and laws, including building codes, of general applicability;

l. Construction of improvements or facilities for the use of future inhabitants or the public at large;

m. Payment of any applicable impact fees; and

n. Dedication of public or park land, common area or open space, with provision for its maintenance; or payment of a fee in lieu thereof.

F. Duration and Termination of Vested Property Rights.

1. A property right which has been vested pursuant to this section and Article 68 of Title 24, C.R.S., shall remain vested for a period of three (3) years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town.

2. Notwithstanding the provisions of subsection (G) of this section, the Town is authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted in the light of all relevant circumstances including, but not limited to, the size and phasing of the development, economic cycles, and market conditions.

3. Following approval or conditional approval of a site specific development plan, nothing contained in this section or Article 68 of Title 24, C.R.S., shall exempt such a plan from subsequent reviews and approvals by the Town to insure compliance with the terms and conditions of the original approval, if such further reviews and approvals are not inconsistent with said original approval.

G. Waiver of Vested Property Rights. An applicant may waive a vested property right by separate agreement, which shall be recorded in the office of the Garfield County Clerk and Recorder. Unless otherwise agreed to by the Town, any landowner requesting annexation to the Town shall waive in writing any preexisting vested property rights as a condition of such annexation.

H. Payment of Costs. In addition to any and all other fees and charges imposed by this title, the applicant for approval of a site specific development plan shall pay all costs incurred by the Town as a result of the site specific development plan review, including publication of notices, public hearing and review costs, when such costs are incurred apart and in addition to costs otherwise incurred by the Town or applicant for a public hearing relative to the subject property. (Ord. 711 §1 (Exh. A), 2017; Amended Ord. 757 §2, 2019)