§ 12.7. VESTED RIGHTS

A.

Purpose. The purpose of this section is to implement the Colorado Vested Property Rights Statute.

B.

Applicability. A vested right is established under C.R.S. § 24-68-101 et. seq., as amended, upon approval of a site-specific development plan by county commissioners. Site-specific development plans are defined to be final plats for subdivisions, conservation developments, planned land divisions and rural land plans and site plans for special reviews.

C.

Approval. A vested right is automatically created upon the approval or conditional approval of a site-specific development plan. Vesting occurs on the date of the hearing when approval or conditional approval is granted. Failure to abide by the terms and conditions of approval will result in a forfeiture of vested rights.

D.

Notice. The planning director must publish a notice of the county commissioners' approval of a site-specific development plan in a newspaper of general circulation no later than 14 days after approval.

E.

Term. A vested right created by approval of a site-specific development plan remains in effect for three years from the date of the county commissioners' approval, unless the county commissioners determine, as part of the site-specific development plan approval, that a longer period is warranted in light of relevant circumstances. Those circumstances may include, but are not limited to, the size and phasing of the development, economic cycles and market conditions.

F.

Modification of plan. The county commissioners' approval of any modification to a site-specific development plan does not extend the term of a vested right unless expressly authorized by the county commissioners.

G.

Exceptions.

1.

A vested right does not preclude any zoning or land use action taken by the county under the following circumstances:

a.

With the consent of the affected property owner; or

b.

Upon the discovery of natural or manmade hazards on or in the immediate vicinity of the property, which hazards could not reasonably have been discovered at the time of the site-specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public's health, safety and welfare; or

c.

To the extent that the affected property owner receives just compensation for all costs, expenses and liabilities incurred by the property owner after approval by the county. These include, but are not limited to, costs incurred in preparing the site for development consistent with the site-specific development plan; all fees paid in consideration of financing; and all architectural, planning, marketing, legal and other consultants' fees, together with interest at the legal rate until paid. Just compensation does not include any diminution in the value of the property caused by such action.

2.

A vested right does not preclude the application of regulations that are general in nature and applicable to all property subject to land use regulation by the county, including, but not limited to, building, fire, plumbing, electrical and mechanical codes.