Section 6-413 Time Share Projects
6-413.A. Purpose. The requirements of this section shall apply to all time sharing projects and sales within the Town and are in addition to other applicable requirements set forth by the State.
6-413.B. Location And Review Procedure. Time sharing may only be permitted within zone districts where it is designated as a use permitted by right. A request for approval of a time sharing project must be submitted in accordance with the requirements and procedures contained in this Division 4.
6-413.C. Application Contents. An application for a time share development shall contain the following information:
6-413.C.1. The minimum contents for all applications specified in Section 5-202.C of this Title;
6-413.C.2. A site plan drawn to one inch equals twenty feet (1" = 20') scale on standard twenty four inch by thirty six inch (24" x 36") sheet of the proposed project illustrating the following:
a. existing and proposed structures, access, parking, landscaping, natural features, amenities and recreational facilities;
b. total lot and building square footage and total lot coverage;
c. layout of typical units;
d. adjacent uses, structures and zoning; and
e. any other information as may be determined necessary by the Town staff or P&Z to adequately evaluate the proposal.
6-413.C.3. A written statement of the employee housing needs and requirements as specified in this Title and how they will be met.
6-413.C.4. Disclosure statement as is more particularly described in subsection E. of this section.
6-413.C.5. If the project sought to be time shared is located within an existing structure, subdivision or condominium, written proof that any existing declarations or covenants allow time sharing.
6-413.C.6. A written narrative description of the project including:
a. Project concept;
b. Maximum number of occupants to be generated on-site by the time share use, including marketing and sales personnel;
c. Underlying zoning;
d. Existing site structures, their use, their ability to accommodate the added intensity of time sharing;
e. Any improvements necessary to accommodate time sharing, a time frame for completion of improvements, who will be responsible for improvement costs and how they will be financed;
f. The maximum number of cars to be generated and/or parked on- site;
g. The ability of the project to comply with other codes and regulations, including but not limited to, building code, fire code, health codes and this Title;
h. Anticipated impacts or demands on municipal services.
6-413.C.7. The marketing plan for the project.
6-413.C.8. A statement indicating the manner in which all applicable real estate transfer taxes will be collected and further demonstrating the manner in which an entity, with the power to operate and manage the time share project through a managing agent, shall be responsible for payment of the taxes, assessments and fees as set forth in this Section.
6-413.C.9. Documentation establishing the adequacy of a reserve fund to assure that the project is satisfactorily maintained.
6-413.C.10. An affidavit by the applicant attesting that the required documentation and facts contained therein are true and accurate and an acknowledgment that the requirements of this section shall be binding on the successors and assigns of the applicant.
6-413.D. Standards And Review Criteria. In addition to those standards and review criteria generally pertaining to subdivision and use permitted on review, the following shall also be considered in evaluating a time share project or unit:
6-413.D.1. There shall be no use of public areas, streets or malls within the Town for the promotion, marketing or sales of time share units.
6-413.D.2. A time share project’s recreational facilities and amenities shall be sufficient so as to not create an undue burden on public facilities and to accommodate the intensive use demands of the project.
6-413.D.3. Parking shall be sufficient to meet the demands of the project and meet the standards contained in Article 3, Division 2 of this Title.
6-413.D.4. All units converted to a time-share shall be inspected and comply with all applicable fire, safety and other building codes.
6-413.D.5. A reserve account shall be established to assure that the project will be satisfactorily maintained throughout the lifetime of the project.
6-413.D.6. Occupancy levels throughout the life of the project shall be in compliance with applicable building and fire code requirements.
6-413.E. Disclosure. A written sworn disclosure statement containing sufficient detail and information to allow the Town to verify the information shall be filed with the Town at the time the application is submitted and updated as required in this Section. Prior to a purchaser’s signature on any contract of sale, the purchaser shall be provided a copy of the disclosure statement and informed of its contents. The disclosure statement shall contain and accurately disclose the following:
6-413.E.1. The name and address of the owner/developer of the project.
6-413.E.2. A description of the physical dimensions of the time sharing units, including a schedule for completion of all buildings, units, project amenities, site improvements and dates available for use.
6-413.E.3. If the time share plan is located in a condominium or a similar form of ownership, a description of the project and any pertinent provisions of the project instruments.
6-413.E.4. Any restraints on the transfer of the purchaser’s time share interest in the time share units or plan.
6-413.E.5. Notice of any liens, title defects or encumbrances on or affecting the title to the units or project and, if there are encumbrances or liens, a statement as to whether, when and how they will be removed.
6-413.E.6. A description of the maintenance responsibilities to be supplied to the time share units, how such maintenance will be provided, and a designation of what specific time periods will be set aside for maintenance purposes only for each unit.
6-413.E.7. A description of the on site amenities and recreational facilities which are available for use by the unit owners.
6-413.E.8. A statement of the limitations on the number of persons who can occupy a unit at any time for each unit in the project.
6-413.E.9. An identification of the person or agent who shall serve as the owner’s designated agent for the service of process (in a manner sufficient to satisfy the requirements of persons service in state, pursuant to Rule 4, C.R.C.P., as amended) or legal notice pertaining to the time share project.
6-413.F. Updating And Filing. The applicant and applicant’s successors and assigns and/or homeowners association, other than individual unit purchasers, shall have a continuing duty to update the disclosure statement and file it with the Town. No amendment which shall significantly alter the disclosure statement or time share project instruments shall be effective unless approved and accepted by the town and filed in the office of the county clerk and recorder.
6-413.G. Time For Provision Of Disclosure Statement. Before transfer of a time share unit and no later than the date of execution of any contract of sale, the applicant or any other seller of a time share unit shall provide the intended transferee with a copy of the disclosure statement and any amendments thereto.
6-413.H. Building Code, Health And Safety Requirements. Previously existing structures which are converted to time sharing use shall comply with current fire and building codes. In such cases the Building Official shall inspect the structure and determine that there is no present danger to the health and safety of occupants.
6-413.I. Time Share Project Instruments. Time share project instruments shall include, without limitation, the following documentation or information:
6-413.I.1. A disclosure statement.
6-413.I.2. The following instruments or information for a time share estate:
a. The legal description, street address or other description sufficient to identify the property.
b. Identification of time sharing time periods by letter, name, number of combination thereof.
c. Identification of the time share estate and the method whereby additional time share estates may be created.
d. The formula, fraction or percentage of the common expenses and any voting rights assigned to each time share estate.
e. Any restrictions on the use, occupancy, alteration or alienation of time share units.
6-413.J. Marketing Practices. The marketing and sale of time share units shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S. 1973, as amended.
6-413.K. Binding Effect. The requirements of this section and any approval granted pursuant to this section shall be binding on the applicant and the applicant’s successors or assigns.
6-413.L. Disclosure Of Information. This Section is intended to regulate the creation and sale of time share interests within the Town, and no warranty or guarantee is made by the Town with regard to the completeness or accuracy of any information or documentation submitted to the Town or any approval granted by the Town. No person may advertise or represent that the Town or any of its officers or employees have recommended the sale or purchase of time share units.
6-413.M. Sales Tax. Occupancy of any time share unit by anyone other than the owner thereof who pays a fee for the use of the unit shall be subject to the Town’s sales tax, if any, the same as if such occupancy were of a hotel or lodge unit. The manager of the association shall be responsible for obtaining a business license and the timely collection of the sales tax for the Town.
6-413.N. Remedies. In addition to all remedies provided by law and this Title, the provisions of this section are enforceable as follows:
6-413.N.1. The Town may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent or enjoin a use, occupancy or conveyance relating to a time share project or to enjoin any property owner, developer or applicant from selling, agreeing to sell, or offering to sell or otherwise convey a time share use, before full compliance with the provisions of this Section and all approvals required in this Section are obtained.
6-413.N.2. The Town Council may withdraw any approval of a plan or plat or require certain corrective measures to be taken following the determination that information provided by the applicant, or by anyone on his behalf, was materially and substantially false or inaccurate. The Town Council shall cause written notice to be served on the applicant, or his assignees, setting out the alleged false or inaccurate information provided by the applicant or by agents on his behalf and directing the applicant to appear at a time certain for a hearing before the Town Council not less than thirty (30) days after the date of service of the notice.