First Regular Session
Sixty-second General Assembly
LLS NO. 99-0340.01 Jane Ard-Smith HOUSE BILL 99-1185
STATE OF COLORADO
BY REPRESENTATIVE Sullivant
LOCAL GOVERNMENT
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING COMPREHENSIVE PLANNING BY LOCAL GOVERNMENTS TO
102 MANAGE URBAN GROWTH, AND MAKING AN APPROPRIATION
103 THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates a comprehensive planning program designed to require
certain local governments to develop a comprehensive plan and to
develop urban service area boundaries. Requires counties with a
population greater than 25,000 or that have experienced a cumulative
population growth of 20% or more over the previous 9 years to participate
in the comprehensive planning program. Requires municipalities to
participate in the comprehensive planning program if the municipality has
a population greater than 2,500 and if 50% or more of the municipality's
land area lies within a county required to participate in the comprehensive
planning program. Requires a county to participate in the comprehensive
planning program if 60% or more of the general purpose governments
within such county elect to participate in such program. Authorizes any
other county or municipality to elect to participate in the comprehensive
planning program. Requires the department of local affairs to notify all
counties and municipalities that are required to participate in the
comprehensive planning program and maintain and publish a list of
planning jurisdictions.
Requires each county and municipality subject to the
comprehensive planning program to adopt a comprehensive plan and an
urban service area no later than 3 years after the date of the department
of local affairs' written notice. Requires each county and municipality
subject to the comprehensive planning program to adopt development
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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regulations and programs no later than 5 years after the date of the
department's written notice.
Specifies the planning elements that must be included in a
comprehensive plan. Requires the establishment of urban service areas,
rural development areas, and rural areas and specifies the requirements
for each. Prohibits counties and municipalities subject to the
comprehensive planning program from providing urban services outside
designated urban service areas except in certain circumstances. Specifies
the priority for providing urban services within urban service areas.
Requires counties and municipalities subject to the comprehensive
planning program to establish a transferable development credit program
and specifies the requirements for such program.
Requires the coordination of comprehensive plans. Requires
counties and municipalities to perform their activities in conformance
with their adopted comprehensive plans. Requires state agencies and
public agencies that own or operate essential regional public facilities,
school districts, and all local districts established pursuant to state law to
perform their functions in a manner consistent with adopted
comprehensive plans.
Establishes procedures, timeframes, and requirements for
reviewing development approval applications.
Creates a comprehensive planning program fund. Requires that
moneys in the fund be used to implement the comprehensive planning
program. Authorizes counties and municipalities subject to the
comprehensive planning program to impose development impact fees in
certain circumstances.
Creates a dispute resolution and appeal process for resolving
conflicts.
Makes an appropriation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 65.1 of title 24, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW PART to read:
4 PART 6
5 RESPONSIBLE GROWTH MANAGEMENT
6 24-65.1-601. Legislative declaration. (1) THE GENERAL
7 ASSEMBLY HEREBY FINDS AND DECLARES THAT THE COORDINATION OF
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1 GROWTH THROUGHOUT THE STATE IS A MATTER OF STATEWIDE INTEREST
2 AND CONCERN IN WHICH THE STATE HAS A RESPONSIBILITY FOR THE
3 HEALTH, WELFARE, AND SAFETY OF THE PEOPLE OF THE STATE AND FOR
4 THE PROTECTION OF THE ENVIRONMENT. THE GENERAL ASSEMBLY
5 FURTHER FINDS AND DECLARES THAT BETTER COORDINATION OF GROWTH
6 THROUGHOUT THE STATE MAY ENHANCE THE HEALTH, WELFARE, AND
7 SAFETY OF THE PEOPLE OF THE STATE AND MAY FURTHER ENHANCE THE
8 HIGH QUALITY OF LIFE ENJOYED BY THE RESIDENTS OF THE STATE BECAUSE
9 SUCH COORDINATION WILL RESULT IN:
10 (a) MORE EFFICIENT USE OF TAXPAYER MONEY FOR THE
11 CONSTRUCTION AND MAINTENANCE OF UTILITIES, SCHOOLS, AND PUBLIC
12 FACILITIES;
13 (b) IMPROVED EFFICIENCIES IN SUPPLYING PUBLIC SERVICES;
14 (c) THE REDUCTION IN SPRAWL;
15 (d) PRESERVATION OF AGRICULTURAL LANDS IN PRODUCTION AND
16 MAINTENANCE OF THE CAPACITY OF SUCH LANDS TO SUPPORT A
17 CONTINUED AND SIGNIFICANT AGRICULTURAL ECONOMY; AND
18 (e) FURTHER PROTECTION OF THE ENVIRONMENT.
19 (2) THE GENERAL ASSEMBLY FURTHER INTENDS THAT ANY
20 DISPUTES ARISING UNDER THIS PART 6 SHOULD BE RESOLVED QUICKLY,
21 EFFICIENTLY, AND INFORMALLY TO THE EXTENT POSSIBLE. THE GENERAL
22 ASSEMBLY FURTHER INTENDS THAT ANY DISPUTES SHOULD BE RESOLVED
23 WITH MINIMUM COSTS TO THE DISPUTING PARTIES AND, WHERE PRACTICAL,
24 WITHOUT RESORTING TO A FORMAL JUDICIAL PROCESS.
25 24-65.1-602. Short title. THIS PART 6 SHALL BE KNOWN AND MAY
26 BE CITED AS THE "COLORADO RESPONSIBLE GROWTH ACT".
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1 24-65.1-603. Definitions. AS USED IN THIS PART 6, UNLESS THE
2 CONTEXT OTHERWISE REQUIRES:
3 (1) "COMPREHENSIVE PLAN" OR "PLAN" MEANS A GENERALIZED
4 COORDINATED POLICY STATEMENT OF THE GOVERNING BODY AND AN
5 ACCOMPANYING LAND USE MAP, AND ANY AMENDMENTS THERETO, THAT
6 ARE ADOPTED PURSUANT TO THE PROVISIONS OF THIS PART 6.
7 (2) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS.
8 (3) "DEVELOPMENT APPROVAL" MEANS ANY LAND USE PERMIT OR
9 APPROVAL THAT A PLANNING JURISDICTION REQUIRES FOR A PROPOSED
10 PROJECT, INCLUDING BUT NOT LIMITED TO APPROVALS OF SPECIFIC
11 SUBDIVISIONS, SITE PLANS, PLANNED UNIT DEVELOPMENTS, CONDITIONAL
12 USES, OR SITE-SPECIFIC REZONING CONSISTENT WITH A COMPREHENSIVE
13 PLAN. "DEVELOPMENT APPROVAL" DOES NOT INCLUDE THE ADOPTION OR
14 AMENDMENT OF A COMPREHENSIVE PLAN, THE ADOPTION OR AMENDMENT
15 OF GENERAL DEVELOPMENT REGULATIONS, OR CAPITAL BUDGET
16 DECISIONS.
17 (4) "DEVELOPMENT REGULATIONS AND PROGRAMS" MEANS ANY
18 CONTROLS PLACED ON DEVELOPMENT OR LAND USE ACTIVITIES BY ANY
19 LEGAL MECHANISM, INCLUDING BUT NOT LIMITED TO ORDINANCES
20 ESTABLISHING GENERAL ZONING REQUIREMENTS, GENERALIZED PLANNED
21 UNIT DEVELOPMENT STANDARDS AND PROCEDURES, GENERALIZED
22 SUBDIVISION REQUIREMENTS, ORDINANCES ENACTED PURSUANT TO THE
23 "LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT OF 1974",
24 ARTICLE 20 OF TITLE 29, C.R.S., ANNEXATION POLICIES AND ORDINANCES,
25 AFFORDABLE HOUSING AND OPEN SPACE PROGRAMS, AND ORDINANCES
26 RELATED TO AREAS OR ACTIVITIES OF STATEWIDE INTEREST.
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1 "DEVELOPMENT REGULATIONS AND PROGRAMS" DOES NOT INCLUDE A
2 DECISION TO APPROVE A SPECIFIC DEVELOPMENT PROJECT.
3 (5) "ESSENTIAL REGIONAL PUBLIC FACILITIES" MEANS THOSE
4 PUBLICLY OWNED CAPITAL FACILITIES THAT ARE TYPICALLY DIFFICULT TO
5 SITE, SUCH AS AIRPORTS, MAJOR UTILITIES AND UTILITY TRANSMISSION
6 LINES, STATE EDUCATIONAL FACILITIES, STATE OR LOCAL ROADS AND
7 TRANSPORTATION FACILITIES, STATE OR LOCAL CORRECTIONAL FACILITIES,
8 AND SOLID WASTE HANDLING AND DISPOSAL FACILITIES.
9 (6) "METROPOLITAN PLANNING ORGANIZATION" MEANS A
10 METROPOLITAN PLANNING ORGANIZATION AS DEFINED IN 23 U.S.C. SEC.
11 134, AS AMENDED.
12 (7) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY,
13 TOWN, OR CITY AND COUNTY OR A TERRITORIAL CHARTER CITY.
14 (8) "PLANNING COUNTY" MEANS ANY COUNTY THAT IS REQUIRED
15 TO PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM PURSUANT
16 TO SECTION 24-65.1-605.
17 (9) "PLANNING JURISDICTION" MEANS A PLANNING COUNTY OR A
18 PLANNING MUNICIPALITY.
19 (10) "PLANNING MUNICIPALITY" MEANS A MUNICIPALITY THAT IS
20 REQUIRED TO PARTICIPATE IN THE COLORADO COMPREHENSIVE PLANNING
21 PROGRAM PURSUANT TO SECTION 24-65.1-605.
22 (11) "PROJECT REVIEW" MEANS THE PROCESS BY WHICH A
23 PLANNING JURISDICTION DETERMINES WHETHER AN APPLICATION FOR
24 DEVELOPMENT APPROVAL IS CONSISTENT WITH THE PLANNING
25 JURISDICTION'S COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
26 AND PROGRAMS THAT COMPLY WITH THIS PART 6.
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1 (12) "RURAL DEVELOPMENT AREA" MEANS AN AREA OUTSIDE THE
2 URBAN SERVICE AREA THAT, AT A MINIMUM, MEETS THE CRITERIA SET
3 FORTH IN SECTION 24-65.1-606 (3) AND CAN ACCOMMODATE A LIMITED
4 AMOUNT OF NONURBAN GROWTH.
5 (13) "TRANSFERABLE DEVELOPMENT CREDIT PROGRAM" MEANS A
6 MARKET-BASED SYSTEM OF TRANSFERRING THE FUTURE RIGHT TO DEVELOP
7 LAND FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL PURPOSES FROM
8 ONE PARCEL TO ANOTHER PARCEL IN A DIFFERENT OWNERSHIP THROUGH
9 PRIVATE MARKET TRANSACTIONS.
10 (14) "URBAN GROWTH" MEANS GROWTH THAT MAKES INTENSIVE
11 USE OF LAND FOR BUILDINGS, STRUCTURES, AND OTHER USES THAT ARE
12 INCOMPATIBLE WITH THE PRIMARY USE OF SUCH LAND FOR AGRICULTURAL
13 OR RURAL PURPOSES. AREAS OF URBAN GROWTH INCLUDE AREAS
14 CHARACTERIZED BY:
15 (a) RESIDENTIAL DEVELOPMENT CONTAINING LOTS WITH AN
16 AVERAGE SIZE OF ONE ACRE OR LESS;
17 (b) COMMERCIAL DEVELOPMENT THAT CONTAINS GREATER THAN
18 TWENTY-FIVE THOUSAND SQUARE FEET OF GROSS LEASABLE AREA; OR
19 (c) ANY OTHER DEVELOPMENT THAT REQUIRES THE PROVISION OF
20 SANITARY SEWER SYSTEMS, CENTRALIZED DOMESTIC WATER SYSTEMS,
21 CENTRALIZED STORM SEWER SYSTEMS, OR FIRE AND POLICE PROTECTION
22 SERVICES.
23 (15) "URBAN SERVICE AREA" MEANS AN AREA DESIGNATED BY A
24 PLANNING JURISDICTION FOR PRESENT OR FUTURE URBAN GROWTH
25 PURSUANT TO SECTION 24-65.1-606.
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1 24-65.1-604. Comprehensive planning program. THERE IS
2 HEREBY CREATED A COMPREHENSIVE PLANNING PROGRAM THAT IS
3 DESIGNED TO REQUIRE CERTAIN LOCAL GOVERNMENTS TO DEVELOP A
4 COMPREHENSIVE PLAN AND TO DEVELOP URBAN SERVICE AREA
5 BOUNDARIES CONSISTENT WITH THIS PART 6.
6 24-65.1-605. Planning requirements. (1) ANY COUNTY OR
7 MUNICIPALITY MAY ELECT TO PARTICIPATE IN THE COMPREHENSIVE
8 PLANNING PROGRAM. THE FOLLOWING COUNTIES AND MUNICIPALITIES
9 SHALL PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM:
10 (a) ANY COUNTY THAT HAS A POPULATION GREATER THAN
11 TWENTY-FIVE THOUSAND ON OR AFTER THE EFFECTIVE DATE OF THIS PART
12 6;
13 (b) ANY COUNTY THAT HAS HAD A CUMULATIVE POPULATION
14 GROWTH OF TWENTY PERCENT OR MORE OVER THE PREVIOUS NINE YEARS;
15 AND
16 (c) ANY MUNICIPALITY THAT HAS A POPULATION GREATER THAN
17 TWO THOUSAND FIVE HUNDRED ON OR AFTER THE EFFECTIVE DATE OF THIS
18 PART 6 IF FIFTY PERCENT OR MORE OF THE MUNICIPALITY'S LAND AREA LIES
19 WITHIN A COUNTY THAT IS REQUIRED TO PARTICIPATE IN THE
20 COMPREHENSIVE PLANNING PROGRAM PURSUANT TO PARAGRAPH (a) OR (b)
21 OF THIS SUBSECTION (1).
22 (2) (a) IF SIXTY PERCENT OR MORE OF THE GENERAL PURPOSE
23 GOVERNMENTS WITHIN A COUNTY ELECT TO PARTICIPATE IN THE
24 COMPREHENSIVE PLANNING PROGRAM PURSUANT TO SUBSECTION (1) OF
25 THIS SECTION, THE COUNTY WITHIN WHICH SUCH GOVERNMENTS ARE
26 LOCATED AND THE MUNICIPALITIES WITHIN SUCH COUNTY THAT MEET THE
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1 CRITERIA SET FORTH IN PARAGRAPH (c) OF SUBSECTION (1) OF THIS
2 SECTION SHALL PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM.
3 (b) FOR PURPOSES OF THIS SUBSECTION (2), "GENERAL PURPOSE
4 GOVERNMENT" MEANS A COUNTY OR ANY MUNICIPALITY.
5 (3) THE DEPARTMENT SHALL NOTIFY IN WRITING EACH COUNTY
6 AND EACH MUNICIPALITY THAT IS REQUIRED TO PARTICIPATE IN THE
7 COMPREHENSIVE PLANNING PROGRAM PURSUANT TO SUBSECTION (1) OR
8 (2) OF THIS SECTION. THE DEPARTMENT SHALL MAINTAIN A LIST OF ALL
9 PLANNING JURISDICTIONS THAT ARE PARTICIPATING IN THE
10 COMPREHENSIVE PLANNING PROGRAM AND SHALL PUBLISH SUCH LIST AT
11 LEAST ANNUALLY.
12 (4) EACH PLANNING JURISDICTION SHALL ADOPT A
13 COMPREHENSIVE PLAN AND AN URBAN SERVICE AREA NO LATER THAN
14 THREE YEARS AFTER THE DATE OF THE DEPARTMENT'S WRITTEN NOTICE AS
15 PROVIDED IN SUBSECTION (3) OF THIS SECTION. A PLANNING JURISDICTION
16 THAT ADOPTED A COMPREHENSIVE PLAN OR AN URBAN SERVICE AREA
17 PRIOR TO THE EFFECTIVE DATE OF THIS PART 6 SHALL NOT BE REQUIRED TO
18 PREPARE AND ADOPT A NEW COMPREHENSIVE PLAN OR URBAN SERVICE
19 AREA IF THE EXISTING COMPREHENSIVE PLAN OR URBAN SERVICE AREA
20 OTHERWISE COMPLIES WITH THIS PART 6. IF THE PLANNING JURISDICTION'S
21 EXISTING COMPREHENSIVE PLAN OR URBAN SERVICE AREA DOES NOT
22 COMPLY WITH THE REQUIREMENTS OF THIS PART 6, THE PLANNING
23 JURISDICTION SHALL EITHER UPDATE AND AMEND ITS EXISTING
24 COMPREHENSIVE PLAN OR URBAN SERVICE AREA TO MEET THE
25 REQUIREMENTS OF THIS PART 6 OR ADOPT A NEW COMPREHENSIVE PLAN OR
26 URBAN SERVICE AREA WITHIN THE TIME SPECIFIED IN THIS SUBSECTION (4).
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1 (5) EACH PLANNING JURISDICTION SHALL ADOPT DEVELOPMENT
2 REGULATIONS AND PROGRAMS THAT ARE CONSISTENT WITH ITS
3 COMPREHENSIVE PLAN AND URBAN SERVICE AREA, OR SHALL AMEND
4 EXISTING DEVELOPMENT REGULATIONS AND PROGRAMS TO BE CONSISTENT
5 WITH SUCH PLAN AND AREA, NO LATER THAN FIVE YEARS AFTER THE DATE
6 OF THE DEPARTMENT'S WRITTEN NOTICE AS PROVIDED IN SUBSECTION (3)
7 OF THIS SECTION.
8 (6) ALL COMPREHENSIVE PLANS ADOPTED PURSUANT TO THIS PART
9 6 SHALL CONSIST OF AT LEAST ONE MAP AND SHALL INCLUDE WRITTEN
10 TEXT DESCRIBING THE OBJECTIVES, PRINCIPLES, AND STANDARDS USED TO
11 DEVELOP THE COMPREHENSIVE PLAN. ALL COMPREHENSIVE PLANS SHALL
12 BE INTERNALLY CONSISTENT DOCUMENTS. EACH PLANNING JURISDICTION
13 SHALL INCLUDE THE FOLLOWING ELEMENTS IN ITS COMPREHENSIVE PLAN:
14 (a) PROJECTIONS OF POPULATION GROWTH FOR THE NEXT TWENTY
15 YEARS AND PROJECTIONS OF HOUSING NEEDS TO ACCOMMODATE THE
16 PROJECTED POPULATION FOR THE NEXT TWENTY YEARS. THE PLANNING
17 JURISDICTION SHALL BASE THESE PROJECTIONS UPON DATA FROM THE
18 DEPARTMENT AND UPON THE PLANNING JURISDICTION'S LOCAL OBJECTIVES.
19 (b) A LAND USE ELEMENT DESIGNATING THE PROPOSED GENERAL
20 DISTRIBUTION, LOCATION, AND EXTENT OF THE USES OF LAND. ALL LAND
21 THAT IS NOT DESIGNATED AS PART OF AN URBAN SERVICE AREA OR PART OF
22 A RURAL DEVELOPMENT AREA SHALL BE DESIGNATED AS RURAL.
23 (c) AN URBAN SERVICE AREA ELEMENT THAT COMPLIES WITH
24 SECTION 24-65.1-606;
25 (d) A RURAL DEVELOPMENT AREA ELEMENT THAT COMPLIES WITH
26 SECTION 24-65.1-606;
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1 (e) A HOUSING ELEMENT THAT IDENTIFIES ESTABLISHED
2 RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE
3 HOUSING DEVELOPMENT FOR THE EXISTING AND PROJECTED NEEDS OF ALL
4 CURRENT AND ANTICIPATED RESIDENTS OF THE PLANNING JURISDICTION.
5 SUCH HOUSING ELEMENT SHALL ACCOMMODATE, AT A MINIMUM, HOUSING
6 FOR ALL ANTICIPATED EMPLOYEES OF CURRENT AND FUTURE COMMERCIAL,
7 INDUSTRIAL, AND RETAIL AREAS IDENTIFIED IN THE COMPREHENSIVE PLAN
8 UNLESS THE PLANNING JURISDICTION HAS ENTERED INTO A REGIONAL
9 PROGRAM AGREEMENT WITH OTHER PLANNING JURISDICTIONS THAT
10 PROVIDES FOR SUCH HOUSING NEEDS. IF A PLANNING JURISDICTION HAS
11 ENTERED A REGIONAL PLANNING AGREEMENT, SUCH AGREEMENT SHALL BE
12 INCORPORATED BY REFERENCE INTO THE HOUSING ELEMENT.
13 (f) A TRANSPORTATION ELEMENT BASED ON THE PLANNING
14 JURISDICTION'S POPULATION AND HOUSING NEEDS PROJECTIONS, LAND USE
15 ELEMENT, AND HOUSING ELEMENT. THE TRANSPORTATION ELEMENT SHALL
16 BE CONSISTENT WITH ANY TRANSPORTATION PLAN PREPARED BY ANY
17 METROPOLITAN PLANNING ORGANIZATION WITHIN WHICH THE PLANNING
18 JURISDICTION IS LOCATED OR, IF THE PLANNING JURISDICTION IS NOT
19 LOCATED IN AN AREA COVERED BY A METROPOLITAN PLANNING
20 ORGANIZATION, WITH ANY TRANSPORTATION PLAN PREPARED BY THE
21 STATE DEPARTMENT OF TRANSPORTATION.
22 (g) AN OPEN SPACE ELEMENT THAT IDENTIFIES PROJECTED NEED
23 FOR AND LOCATIONS OF OPEN SPACES, TRAILS, WILDLIFE AREAS, AND
24 OTHER PROTECTED AREAS;
25 (h) FOR EACH PLANNING COUNTY, A RURAL ELEMENT THAT
26 IDENTIFIES CRITERIA FOR LIMITING DEVELOPMENT OUTSIDE URBAN SERVICE
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1 AREAS AND RURAL DEVELOPMENT AREAS TO MAINTAIN A RESIDENTIAL
2 DENSITY OF NOT MORE THAN ONE RESIDENTIAL UNIT FOR EACH
3 THIRTY-FIVE ACRES;
4 (i) A NATURAL HAZARDS ELEMENT THAT IDENTIFIES AREAS WHERE
5 STEEP SLOPES, GEOLOGICAL HAZARDS, ENDANGERED OR THREATENED
6 SPECIES, WETLANDS, FLOODPLAINS, FLOODWAYS, UNSTABLE SOILS, OR
7 WILDFIRE HAZARDS CREATE SIGNIFICANT CONSTRAINTS TO DEVELOPMENT
8 OR WHERE DEVELOPMENT WOULD CREATE SIGNIFICANT ADVERSE EFFECTS
9 TO THE ENVIRONMENT OR SIGNIFICANT COSTS TO LOCAL TAXPAYERS TO
10 MITIGATE SUCH ADVERSE EFFECTS;
11 (j) A CAPITAL FACILITIES AND UTILITIES ELEMENT THAT INCLUDES
12 AN INVENTORY OF EXISTING CAPITAL FACILITIES AND UTILITIES OWNED BY
13 PUBLIC ENTITIES, INCLUDING THE LOCATION OF SUCH FACILITIES AND
14 UTILITIES. THIS ELEMENT SHALL ALSO INCLUDE A FORECAST OF THE
15 FUTURE NEEDS FOR CAPITAL FACILITIES AND UTILITIES, INCLUDING THE
16 PRIORITIES, ANTICIPATED COSTS, AND FUNDING PROPOSALS FOR SUCH
17 FACILITIES AND UTILITIES. SUCH FORECAST SHALL BE BASED ON THE
18 PLANNING JURISDICTION'S LAND USE ELEMENT. EACH PLANNING COUNTY
19 SHALL INCLUDE CRITERIA FOR SITING THE CAPITAL FACILITIES AND
20 UTILITIES NEEDED TO SERVE DESIGNATED URBAN SERVICE AREAS THAT ARE
21 LOCATED OUTSIDE OF PLANNING MUNICIPALITIES BUT WITHIN THE
22 PLANNING COUNTY.
23 (k) AN ESSENTIAL REGIONAL PUBLIC FACILITIES ELEMENT THAT
24 INCLUDES A PROCESS FOR IDENTIFYING AND SITING ESSENTIAL REGIONAL
25 PUBLIC FACILITIES. NO COMPREHENSIVE PLAN MAY ENTIRELY PRECLUDE
26 THE SITING OF ESSENTIAL REGIONAL PUBLIC FACILITIES WITHIN THE
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1 PLANNING JURISDICTION.
2 (7) A PLANNING JURISDICTION MAY INCLUDE ANY ADDITIONAL
3 ELEMENTS IN ITS COMPREHENSIVE PLAN THAT SUCH JURISDICTION DEEMS
4 DESIRABLE AND NECESSARY FOR A COMPLETE COMPREHENSIVE PLAN, SUCH
5 AS A COMMUNITY DESIGN ELEMENT, AN ECONOMIC DEVELOPMENT
6 ELEMENT, OR A COMMUNITY FACILITIES ELEMENT.
7 24-65.1-606. Urban service areas - rural development areas.
8 (1) EACH PLANNING JURISDICTION SHALL ADOPT AN URBAN SERVICE AREA
9 MAP THAT IDENTIFIES ITS URBAN SERVICE AREA, RURAL DEVELOPMENT
10 AREA, AND, IF THE PLANNING JURISDICTION IS A PLANNING COUNTY, ITS
11 RURAL AREA.
12 (2) (a) EACH COMPREHENSIVE PLAN SHALL IDENTIFY AN URBAN
13 SERVICE AREA WITHIN WHICH URBAN GROWTH SHALL BE ACCOMMODATED
14 AND, EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (2),
15 OUTSIDE OF WHICH THE PLANNING JURISDICTION SHALL NOT ANNEX LAND
16 OR APPROVE OR PROVIDE INFRASTRUCTURE TO SUPPORT URBAN GROWTH.
17 IN IDENTIFYING ITS URBAN SERVICE AREA, EACH PLANNING JURISDICTION
18 SHALL REQUIRE THAT URBAN SERVICES BE PROVIDED:
19 (I) FIRST IN AREAS ALREADY CHARACTERIZED BY URBAN GROWTH
20 AND THAT HAVE ADEQUATE EXISTING PUBLIC FACILITY AND SERVICE
21 CAPACITIES TO SERVE SUCH DEVELOPMENT;
22 (II) IF THE AREAS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS
23 PARAGRAPH (a) CANNOT ACCOMMODATE THE IDENTIFIED URBAN SERVICES,
24 THEN IN AREAS THAT ARE ALREADY CHARACTERIZED BY URBAN GROWTH
25 AND THAT WILL BE SERVED ADEQUATELY BY A COMBINATION OF EXISTING
26 PUBLIC FACILITIES AND SERVICES AND ANY ADDITIONAL PUBLIC FACILITIES
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1 AND SERVICES PROVIDED BY ANY PUBLIC AND PRIVATE SOURCES;
2 (III) IF THE AREAS IDENTIFIED IN SUBPARAGRAPHS (I) AND (II) OF
3 THIS PARAGRAPH (a) CANNOT ACCOMMODATE THE IDENTIFIED URBAN
4 SERVICES, THEN IN THE REMAINING PORTIONS OF ANY EXISTING URBAN
5 SERVICE AREAS.
6 (b) NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (2),
7 A PLANNING JURISDICTION MAY LOCATE URBAN SERVICES IN NEW, FULLY
8 CONTAINED COMMUNITIES DESIGNATED PURSUANT TO SUBSECTIONS (5)
9 AND (6) OF THIS SECTION.
10 (3) EACH PLANNING COUNTY'S COMPREHENSIVE PLAN SHALL
11 IDENTIFY CRITERIA FOR ALLOWING LIMITED DEVELOPMENT OUTSIDE THE
12 URBAN SERVICE AREA. SUCH CRITERIA SHALL INCLUDE AT LEAST THE
13 FOLLOWING:
14 (a) THE PROPOSED DEVELOPMENT SHALL HAVE A MINIMUM
15 AVERAGE DENSITY OF FIVE ACRES PER RESIDENTIAL UNIT. CLUSTERING OF
16 RESIDENTIAL UNITS ON LESS THAN FIVE ACRES MAY BE ENCOURAGED SO
17 LONG AS THE AVERAGE DENSITY OF SUCH RESIDENTIAL UNITS IS LIMITED
18 TO ONE RESIDENTIAL UNIT PER FIVE ACRES.
19 (b) THE PROPOSED DEVELOPMENT IS ADJACENT TO, COMPATIBLE
20 WITH, AND SIMILAR IN DENSITY TO ADJOINING DEVELOPMENT AND LAND
21 USES. IN ADDITION, THE PROPOSED DEVELOPMENT SHALL BE COMPATIBLE
22 WITH THE LAND USES DESIGNATED FOR THE AREA IN THE PLANNING
23 COUNTY'S COMPREHENSIVE PLAN AND MAY NOT PROMOTE AREAS
24 CHARACTERIZED BY URBAN GROWTH.
25 (c) THE PROPOSED DEVELOPMENT HAS PROXIMATE ACCESS TO A
26 MAJOR ROADWAY, TRANSIT ROUTE STOP, OR TRANSFER POINT.
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1 (d) THE PROPOSED DEVELOPMENT SHALL NOT ALLOW
2 DEVELOPMENT OF PRIME AGRICULTURAL LAND, DESIGNATED OPEN SPACE,
3 ENVIRONMENTALLY SENSITIVE LANDS, OR CRITICAL WILDLIFE HABITAT.
4 (e) ANY COMMERCIAL USES OUTSIDE THE URBAN SERVICE AREA
5 ARE LIMITED TO HIGHWAY SERVICE AND SUPPORTING USES, ARE NOT
6 URBAN GROWTH, AND ARE DESIGNED TO PROVIDE CONVENIENT SERVICE TO
7 ADJOINING AREAS.
8 (4) EACH PLANNING COUNTY SHALL DESIGNATE ALL AREAS THAT
9 ARE NOT DESIGNATED AS EITHER URBAN SERVICE AREAS OR RURAL
10 DEVELOPMENT AREAS AS RURAL AREAS. RESIDENTIAL DENSITY SHALL NOT
11 EXCEED ONE RESIDENTIAL UNIT PER THIRTY-FIVE ACRES IN A RURAL AREA
12 UNLESS OTHERWISE ALLOWED BY THIS PART 6.
13 (5) A PLANNING COUNTY MAY ESTABLISH A PROCESS TO DESIGNATE
14 AN URBAN SERVICE AREA THAT DOES NOT MEET THE CRITERIA OF
15 SUBSECTION (2) OF THIS SECTION TO ALLOW FOR THE ESTABLISHMENT OF
16 A NEW, FULLY CONTAINED COMMUNITY IF:
17 (a) THE PLANNING FOR SUCH COMMUNITY COMPLIES WITH ALL
18 OTHER REQUIREMENTS OF THIS PART 6;
19 (b) ALL REQUIRED INFRASTRUCTURE IS PROVIDED WITHOUT
20 ADVERSE IMPACTS ON THE LEVELS OF SERVICES ENJOYED BY RESIDENTS
21 WITHIN ALL URBAN SERVICE AREAS IN THE PLANNING COUNTY;
22 (c) THE NEW, FULLY CONTAINED COMMUNITY WILL ACCOMMODATE
23 ADEQUATE HOUSING FOR THOSE WHO WILL WORK IN THE COMMUNITY; AND
24 (d) ALL SIGNIFICANT ADVERSE IMPACTS OF THE DEVELOPMENT ON
25 THE NATURAL ENVIRONMENT HAVE BEEN IDENTIFIED AND MITIGATED OR
26 AVOIDED TO THE EXTENT PRACTICAL.
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1 (6) A PLANNING COUNTY, AFTER CONSULTATION WITH THE
2 PLANNING MUNICIPALITIES WITHIN THE PLANNING COUNTY, MAY
3 ESTABLISH A PROCESS FOR REVIEWING AND APPROVING THE SITING OF A
4 SPECIFIC MAJOR EMPLOYMENT FACILITY OR A REGIONAL PUBLIC FACILITY
5 OUTSIDE OF AN URBAN SERVICE AREA IF:
6 (a) THE PLANNING FOR THE FACILITY COMPLIES WITH ALL OTHER
7 REQUIREMENTS OF THIS PART 6;
8 (b) ALL INFRASTRUCTURE REQUIRED FOR THE FACILITY IS
9 PROVIDED WITHOUT ADVERSE IMPACTS ON THE LEVELS OF SERVICES
10 ENJOYED BY RESIDENTS OF THE PLANNING COUNTY;
11 (c) ALL ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY
12 HAVE BEEN IDENTIFIED AND MITIGATED OR AVOIDED TO THE EXTENT
13 POSSIBLE; AND
14 (d) THE GOVERNMENTAL REVENUE THAT THE FACILITY GENERATES
15 WILL BE SHARED PROPORTIONATELY WITH ANY OTHER COUNTIES OR
16 MUNICIPALITIES THAT WILL EXPERIENCE INCREASED COMMUTING TRAFFIC
17 OR RESIDENTIAL DEVELOPMENT AS A RESULT OF THE LOCATION OF THE
18 FACILITY OUTSIDE OF AN URBAN SERVICE AREA.
19 24-65.1-607. Transferable development credit program.
20 (1) IN CONNECTION WITH THE ADOPTION OF ITS URBAN SERVICE AREA,
21 EACH PLANNING COUNTY SHALL ESTABLISH A TRANSFERABLE
22 DEVELOPMENT CREDIT PROGRAM FOR THE TRANSFER OF FUTURE
23 RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL DEVELOPMENT POTENTIAL
24 FROM DESIGNATED SENDING AREAS TO DESIGNATED RECEIVING AREAS
25 THROUGH PRIVATE MARKET TRANSACTIONS FOR THE PURPOSE OF
26 ENCOURAGING FUTURE GROWTH IN RECEIVING AREAS AND AS A MEANS OF
Page 16
1 PROVIDING MARKET-BASED COMPENSATION TO LANDOWNERS IN SENDING
2 AREAS. SUCH A PROGRAM SHALL COMPLEMENT ANY NEW OR EXISTING
3 LOCAL GOVERNMENT PROGRAMS THAT ARE DESIGNED TO PRESERVE
4 AGRICULTURAL AREAS, OPEN SPACE, AND OTHER SENSITIVE LANDS.
5 (2) AS PART OF ITS DEVELOPMENT REGULATIONS AND PROGRAMS,
6 EACH PLANNING JURISDICTION SHALL ADOPT A TRANSFERABLE
7 DEVELOPMENT CREDIT PROGRAM THAT IS CONSISTENT WITH THE
8 REQUIREMENTS OF THIS SECTION AND WITH THE PLANNING JURISDICTION'S
9 DESIGNATED URBAN SERVICE AREAS, RURAL DEVELOPMENT AREAS, AND,
10 IF THE PLANNING JURISDICTION IS A PLANNING COUNTY, RURAL AREAS.
11 EACH TRANSFERABLE DEVELOPMENT CREDIT PROGRAM SHALL BE
12 DESIGNED COOPERATIVELY BETWEEN, AND SHALL REQUIRE THE
13 PARTICIPATION OF, THE PLANNING COUNTY AND EACH PLANNING
14 MUNICIPALITY WITHIN SUCH COUNTY. IN ADDITION, IF ONE OR MORE
15 CONTIGUOUS COUNTIES ARE EACH PLANNING JURISDICTIONS, THEY MAY
16 JOINTLY DESIGN A TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
17 INVOLVING EACH SUCH COUNTY AND THEIR RESPECTIVE PLANNING
18 MUNICIPALITIES. EACH TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
19 SHALL BE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN OF EACH
20 PLANNING JURISDICTION INCLUDED IN THE TRANSFERABLE DEVELOPMENT
21 CREDIT PROGRAM.
22 (3) EACH TRANSFERABLE DEVELOPMENT CREDIT PROGRAM SHALL:
23 (a) DESIGNATE ALL OR PORTIONS OF THE PLANNING JURISDICTION
24 THAT ARE NOT WITHIN EITHER A DESIGNATED URBAN SERVICE AREA OR
25 RURAL DEVELOPMENT AREA AS SENDING AREAS;
26 (b) DESIGNATE EACH DESIGNATED URBAN SERVICE AREA AND
Page 17
1 RURAL DEVELOPMENT AREA AS RECEIVING AREAS;
2 (c) DEFINE THE AMOUNT OF RESIDENTIAL OR NONRESIDENTIAL
3 DEVELOPMENT THAT IS EQUIVALENT TO ONE TRANSFERABLE
4 DEVELOPMENT CREDIT. A TRANSFERABLE DEVELOPMENT CREDIT
5 PROGRAM MAY DEFINE DIFFERENT CLASSES OF TRANSFERABLE
6 DEVELOPMENT CREDITS THAT ARE EQUIVALENT TO DIFFERENT AMOUNTS
7 OF RESIDENTIAL OR NONRESIDENTIAL DEVELOPMENT, SUBJECT TO THE
8 PROVISIONS OF SUBSECTION (4) OF THIS SECTION.
9 (4) (a) EACH TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
10 SHALL ALLOCATE TO EACH OWNER OF AGRICULTURAL LAND AT LEAST ONE
11 TRANSFERABLE DEVELOPMENT CREDIT FOR EACH THIRTY-FIVE ACRES OF
12 LAND THAT IS:
13 (I) OWNED BY SUCH LANDOWNER;
14 (II) NOT LOCATED WITHIN AN URBAN SERVICE AREA OR RURAL
15 DEVELOPMENT AREA; AND
16 (III) CLASSIFIED FOR PROPERTY TAX PURPOSES AS AGRICULTURAL
17 LAND AS DEFINED IN SECTION 39-1-102 (1.6), C.R.S., AT THE TIME THE
18 PLANNING COUNTY ADOPTS ITS TRANSFERABLE DEVELOPMENT CREDIT
19 PROGRAM.
20 (b) AT A MINIMUM, EACH TRANSFERABLE DEVELOPMENT CREDIT
21 SHALL ENABLE THE OWNER OF SUCH CREDIT TO CONSTRUCT ONE
22 RESIDENTIAL UNIT IN AN APPROVED RECEIVING AREA IN THE PLANNING
23 JURISDICTION.
24 (c) A TRANSFERABLE DEVELOPMENT CREDIT PROGRAM MAY
25 ALLOCATE TRANSFERABLE DEVELOPMENT CREDITS TO OTHER OWNERS OF
26 LAND LOCATED OUTSIDE OF DESIGNATED URBAN SERVICE AREAS OR
Page 18
1 DESIGNATED RURAL DEVELOPMENT AREAS SO LONG AS:
2 (I) THE TRANSFERABLE DEVELOPMENT CREDIT DOES NOT
3 AUTHORIZE THE PURCHASER TO CONSTRUCT MORE RESIDENTIAL UNITS OR
4 MORE NONRESIDENTIAL DEVELOPMENT THAN A TRANSFERABLE
5 DEVELOPMENT CREDIT GRANTED TO AN OWNER OF AGRICULTURAL LAND
6 PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4); AND
7 (II) NO TRANSFERABLE DEVELOPMENT CREDITS ARE ISSUED IF THE
8 ISSUANCE OF SUCH CREDITS WOULD RESULT IN THE TOTAL OUTSTANDING
9 AMOUNT OF TRANSFERABLE DEVELOPMENT CREDITS IN THE PLANNING
10 JURISDICTION EXCEEDING THE ANTICIPATED NEED FOR ADDITIONAL
11 RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT WITHIN SUCH
12 JURISDICTION'S DESIGNATED URBAN SERVICE AREAS OR DESIGNATED
13 RURAL DEVELOPMENT AREAS, AS IDENTIFIED IN THE PLANNING
14 JURISDICTION'S ADOPTED COMPREHENSIVE PLAN.
15 24-65.1-608. Use of transferable development credits.
16 (1) EACH PLANNING JURISDICTION SHALL ADOPT A TRANSFERABLE
17 DEVELOPMENT CREDIT PROGRAM THAT:
18 (a) REQUIRES THAT THE PRICE OF TRANSFERABLE DEVELOPMENT
19 CREDITS BE ESTABLISHED BY NEGOTIATIONS BETWEEN POTENTIAL BUYERS
20 AND SELLERS;
21 (b) REQUIRES THAT THE PURCHASE OF A TRANSFERABLE
22 DEVELOPMENT CREDIT AUTHORIZES THE PURCHASER OF SUCH CREDIT TO
23 CONSTRUCT THE AMOUNT OF RESIDENTIAL OR NONRESIDENTIAL
24 DEVELOPMENT IDENTIFIED IN THE TRANSFERABLE DEVELOPMENT CREDIT
25 PROGRAM IN A RECEIVING AREA WITHIN THE SAME PLANNING JURISDICTION
26 SO LONG AS THE PURCHASER MEETS THE CRITERIA AND COMPLIES WITH THE
Page 19
1 PROCESS ESTABLISHED IN THE PLANNING JURISDICTION'S COMPREHENSIVE
2 PLAN. THE PLANNING JURISDICTION SHALL ESTABLISH CRITERIA IN ITS
3 COMPREHENSIVE PLAN THAT IDENTIFIES THE TYPE OF USE AND DENSITY
4 ALLOWED IN RECEIVING AREAS. THE PLANNING JURISDICTION SHALL NOT
5 REQUIRE THAT LAND SUBJECT TO A PURCHASED TRANSFERABLE
6 DEVELOPMENT CREDIT BE REZONED BEFORE THE PURCHASER MAY
7 CONSTRUCT THE AMOUNT OF RESIDENTIAL OR NONRESIDENTIAL
8 DEVELOPMENT IDENTIFIED IN THE TRANSFERABLE DEVELOPMENT CREDIT
9 PROGRAM.
10 (c) INCLUDES DEVELOPMENT REGULATIONS AND PROGRAMS THAT
11 PROHIBIT AN INCREASE IN ZONING DENSITY, A CHANGE IN ZONING THAT
12 ALLOWS FOR MORE INTENSIVE USE, AND A CHANGE IN ZONING AT THE TIME
13 OF ANNEXATION WITHIN ANY URBAN SERVICE AREA EXCEPT THROUGH THE
14 PURCHASE, REDEMPTION, OR RETIREMENT OF TRANSFERABLE
15 DEVELOPMENT CREDITS. EACH PLANNING JURISDICTION SHALL ADOPT
16 PROCEDURES FOR THE PURCHASE, REDEMPTION, OR RETIREMENT OF
17 TRANSFERABLE DEVELOPMENT CREDITS.
18 (d) PROVIDES THAT NO TRANSFERABLE DEVELOPMENT CREDIT MAY
19 BE REDEEMED TO AUTHORIZE CONSTRUCTION WITHIN A RECEIVING AREA
20 UNLESS THE SELLER OF SUCH CREDIT HAS PREVIOUSLY RECORDED AN
21 EASEMENT IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF THE
22 COUNTY WITHIN WHICH THE PROPERTY IS LOCATED IN ACCORDANCE WITH
23 SECTION 38-35-109, C.R.S. THE EASEMENT DOCUMENT FILED WITH THE
24 COUNTY CLERK AND RECORDER SHALL INCLUDE:
25 (I) THE SPECIFIC NUMBER OF TRANSFERABLE DEVELOPMENT
26 CREDITS THAT HAVE BEEN SOLD;
Page 20
1 (II) A STATEMENT THAT THE AMOUNT OF DEVELOPMENT POSSIBLE
2 ON THE PROPERTY HAS BEEN REDUCED AS A RESULT OF THE SALE OF THE
3 TRANSFERABLE DEVELOPMENT CREDITS;
4 (III) THE LEGAL DESCRIPTION OF THE PROPERTY FROM WHICH THE
5 TRANSFERABLE DEVELOPMENT CREDITS HAVE BEEN TRANSFERRED; AND
6 (IV) A STATEMENT THAT THE RESTRICTION ON DEVELOPMENT
7 SHALL REMAIN IN EFFECT UNTIL THE PROPERTY IS INCLUDED WITHIN A
8 DESIGNATED URBAN SERVICE AREA.
9 (e) REQUIRES THAT NO TRANSFERABLE DEVELOPMENT CREDIT MAY
10 BE REDEEMED TO AUTHORIZE CONSTRUCTION WITHIN A RECEIVING AREA
11 UNLESS THE PERSON REDEEMING SUCH CREDIT PRESENTS A CERTIFIED COPY
12 OF THE RECORDED EASEMENT TO THE PLANNING JURISDICTION IN WHICH
13 THE TRANSFERABLE DEVELOPMENT CREDIT IS TO BE REDEEMED;
14 (f) ESTABLISHES PROCEDURES FOR THE ORDERLY RETIREMENT,
15 REDEMPTION, OR EXTENSION OF ANY TRANSFERABLE DEVELOPMENT
16 CREDIT RESTRICTIONS PLACED ON DEVELOPMENT;
17 (g) REQUIRES EACH HOLDER OF A RECORDED DEED OR TRUST OR
18 MORTGAGE THAT ENCUMBERS LAND FROM WHICH TRANSFERABLE
19 DEVELOPMENT CREDITS ARE TO BE TRANSFERRED BE GIVEN WRITTEN
20 NOTICE OF THE PROPOSED TRANSFER. THE TRANSFERABLE DEVELOPMENT
21 CREDIT PROGRAM SHALL REQUIRE EACH HOLDER'S CONSENT TO SUCH
22 TRANSFER BEFORE A TRANSFER MAY BE MADE.
23 24-65.1-609. Administration of transferable development
24 credits. (1) UNDER THE TRANSFERABLE DEVELOPMENT CREDIT PROGRAM,
25 EACH PLANNING JURISDICTION THAT HAS A SENDING AREA SHALL NOTIFY
26 LANDOWNERS WHO HAVE BEEN ALLOCATED TRANSFERABLE DEVELOPMENT
Page 21
1 CREDITS ABOUT THE NUMBER OF CREDITS THEY HAVE BEEN ALLOCATED
2 AND SHALL ISSUE NUMBERED CERTIFICATES, UPON REQUEST, TO
3 LANDOWNERS IN SENDING AREAS WHO WISH TO TRANSFER THEIR
4 TRANSFERABLE DEVELOPMENT CREDITS. EACH PLANNING COUNTY AND
5 EACH PLANNING MUNICIPALITY WITHIN SUCH COUNTY SHALL MAINTAIN,
6 EITHER INDIVIDUALLY OR COLLECTIVELY, A REGISTRY OF TRANSFERABLE
7 DEVELOPMENT CREDITS. SUCH REGISTRY SHALL INCLUDE A LIST OF THE
8 TRANSFERABLE DEVELOPMENT CREDITS ALLOCATED TO SPECIFIC
9 LANDOWNERS, THE NUMBERED CERTIFICATES ISSUED TO THE LANDOWNERS
10 WITHIN THE PLANNING JURISDICTION, THE NUMBERED CERTIFICATES THAT
11 HAVE BEEN REDEEMED FOR USE IN RECEIVING AREAS WITHIN THE
12 PLANNING JURISDICTION, AND THE LEGAL DESCRIPTIONS OF THE LANDS
13 FROM WHICH AND TO WHICH TRANSFERABLE DEVELOPMENT CREDITS HAVE
14 BEEN TRANSFERRED.
15 (2) NO PLANNING JURISDICTION AND NO ELECTED OR APPOINTED
16 OFFICIAL, EMPLOYEE, OR AGENT OF A PLANNING JURISDICTION SHALL BE
17 LIABLE FOR DAMAGES FOR ANY ERROR MADE IN MAINTAINING THE
18 REQUIRED REGISTRY OR ALLOWING FOR THE USE OF ANY TRANSFERABLE
19 DEVELOPMENT CREDIT THAT APPEARS TO COMPLY WITH THE PLANNING
20 JURISDICTION'S ADOPTED TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
21 AND COMPREHENSIVE PLAN.
22 24-65.1-610. Coordination and consistency - comprehensive
23 plans - conflict resolution procedures - public participation.
24 (1) EACH COMPREHENSIVE PLAN AND URBAN SERVICE AREA SHALL BE
25 INTERNALLY CONSISTENT. IN ADDITION, EACH PLANNING JURISDICTION'S
26 COMPREHENSIVE PLAN AND URBAN SERVICE AREAS SHALL MEET THE
Page 22
1 FOLLOWING, IF APPLICABLE:
2 (a) THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
3 ADOPTED BY A PLANNING COUNTY SHALL BE COORDINATED AND
4 CONSISTENT WITH THE COMPREHENSIVE PLANS AND URBAN SERVICE AREAS
5 OF ALL OF THE PLANNING MUNICIPALITIES WITHIN THE BOUNDARIES OF
6 SUCH PLANNING COUNTY.
7 (b) THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
8 ADOPTED BY A PLANNING MUNICIPALITY SHALL BE COORDINATED AND
9 CONSISTENT WITH THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
10 ADOPTED BY THE PLANNING COUNTY WITHIN WHICH THE PLANNING
11 MUNICIPALITY IS LOCATED.
12 (c) THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
13 ADOPTED BY EACH PLANNING JURISDICTION SHALL BE COORDINATED AND
14 CONSISTENT WITH THE COMPREHENSIVE PLANS OF ALL PLANNING
15 JURISDICTIONS THAT HAVE A COMMON BORDER WITH THE PLANNING
16 JURISDICTION'S URBAN SERVICE AREA.
17 (2) EACH PLANNING JURISDICTION SHALL ESTABLISH AND BROADLY
18 DISSEMINATE TO THE PUBLIC A PUBLIC PARTICIPATION PROGRAM THAT
19 IDENTIFIES PROCEDURES FOR EARLY AND CONTINUOUS PUBLIC
20 PARTICIPATION IN THE DEVELOPMENT AND AMENDMENT OF
21 COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS AND PROGRAMS
22 PREPARED PURSUANT TO THIS PART 6. AT A MINIMUM, SUCH PROCESS
23 SHALL PROVIDE FOR PUBLIC PARTICIPATION IN THE PREPARATION AND
24 ADOPTION OF THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN, ANY
25 AMENDMENT THERETO, AND DEVELOPMENT REGULATIONS AND PROGRAMS.
26 EACH PLANNING JURISDICTION SHALL PROVIDE A REASONABLE
Page 23
1 OPPORTUNITY FOR PUBLIC COMMENT, INCLUDING PUBLIC MEETINGS AND
2 PUBLIC HEARINGS BEFORE THE GOVERNING BODY OF THE PLANNING
3 JURISDICTION, PRIOR TO THE ADOPTION OF THE PLANNING JURISDICTION'S
4 COMPREHENSIVE PLAN, ANY AMENDMENT THERETO, OR DEVELOPMENT
5 REGULATIONS AND PROGRAMS.
6 24-65.1-611. Implementation. (1) EACH PLANNING
7 JURISDICTION SHALL PERFORM ITS ACTIVITIES, INCLUDING BUT NOT
8 LIMITED TO THE ADOPTION OF DEVELOPMENT REGULATIONS AND
9 PROGRAMS, THE REVIEW OF INDIVIDUAL DEVELOPMENT APPLICATIONS, THE
10 ADOPTION OF CAPITAL IMPROVEMENT BUDGETS, THE REVIEW, APPROVAL,
11 AND OVERSIGHT OF SPECIAL DISTRICTS, AND THE CREATION AND
12 OPERATION OF OTHER PROGRAMS, IN CONFORMANCE WITH ITS ADOPTED
13 COMPREHENSIVE PLAN.
14 (2) DEVELOPMENT REGULATIONS AND PROGRAMS ADOPTED BY A
15 PLANNING JURISDICTION SHALL REQUIRE THAT EACH APPROVAL, APPROVAL
16 WITH CONDITIONS, OR DENIAL OF A DEVELOPMENT APPLICATION BE
17 CONSISTENT WITH THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN
18 ADOPTED PURSUANT TO THIS PART 6.
19 (3) NOTWITHSTANDING SECTION 30-28-101 (1), C.R.S., THE BOARD
20 OF COUNTY COMMISSIONERS OF A PLANNING COUNTY MAY ADOPT
21 SUBDIVISION REGULATIONS FOR THE DIVISION OF LAND INTO TRACTS THAT
22 ARE THIRTY-FIVE ACRES OR MORE IN SIZE.
23 (4) IN PREPARING ITS DEVELOPMENT REGULATIONS AND
24 PROGRAMS, EACH PLANNING JURISDICTION SHALL ENSURE PROTECTION OF
25 DEVELOPMENT RIGHTS THAT HAVE BEEN VESTED BY LAW PRIOR TO THE
26 EFFECTIVE DATE OF ITS DEVELOPMENT REGULATIONS AND PROGRAMS. IN
Page 24
1 ADDITION, EACH PLANNING JURISDICTION SHALL ADDRESS WHETHER
2 EXISTING USES, EXISTING ZONING DESIGNATIONS OR OTHER LAND USE
3 REGULATIONS, OR FUTURE APPROVALS THAT DO NOT CONSTITUTE VESTED
4 RIGHTS SHALL BE ALLOWED TO CONTINUE.
5 24-65.1-612. Amendments - comprehensive plans. (1) A
6 PLANNING JURISDICTION MAY AMEND ITS COMPREHENSIVE PLAN NO MORE
7 THAN ONCE PER YEAR. ANY SUCH AMENDMENTS SHALL COMPLY WITH THIS
8 PART 6.
9 (2) EACH JURISDICTION SHALL REVIEW ITS COMPREHENSIVE PLAN
10 AS NEEDED, BUT IN NO EVENT LESS THAN ONCE EVERY FIVE YEARS.
11 (3) IN THE EVENT OF A DISPUTE AMONG PLANNING JURISDICTIONS
12 REGARDING A PROPOSED AMENDMENT TO A COMPREHENSIVE PLAN, ANY
13 PLANNING JURISDICTION INVOLVED IN THE DISPUTE MAY SUBMIT A
14 PETITION FOR DISPUTE RESOLUTION PURSUANT TO SECTION 24-65.1-618.
15 24-65.1-613. Compliance required. (1) EACH STATE AGENCY
16 SHALL COORDINATE ITS PLANNING AND SHALL COMPLY WITH THE
17 COMPREHENSIVE PLANS ADOPTED PURSUANT TO THIS PART 6 UNLESS THE
18 STATUTE AUTHORIZING THE STATE ACTIVITY EXPLICITLY EXEMPTS SUCH
19 ACTIVITY FROM COMPLIANCE WITH THIS PART 6. THIS REQUIREMENT OF
20 COORDINATION AND COMPLIANCE SHALL NOT BE CONSTRUED TO REQUIRE
21 THE CONSTRUCTION OF ANY SPECIFIC ITEM OF INFRASTRUCTURE OR THE
22 PROVISION OF ANY SPECIFIC SERVICES FOR WHICH THE GENERAL ASSEMBLY
23 HAS NOT MADE AN APPROPRIATION OF MONEYS.
24 (2) ANY PUBLIC ENTITY THAT OWNS OR OPERATES AN ESSENTIAL
25 REGIONAL PUBLIC FACILITY SHALL COMPLY WITH THE COMPREHENSIVE
26 PLANS ADOPTED PURSUANT TO THIS PART 6 UNLESS OPERATION OF SUCH
Page 25
1 FACILITY IS EXPLICITLY EXEMPTED FROM SUCH COMPLIANCE BY STATE
2 LAW.
3 (3) ALL SCHOOL DISTRICTS, SPECIAL DISTRICTS, AND ALL OTHER
4 DISTRICTS, INCLUDING BUT NOT LIMITED TO ALL COUNTY PUBLIC
5 IMPROVEMENT DISTRICTS ESTABLISHED UNDER PART 5 OF ARTICLE 20 OF
6 TITLE 30, C.R.S., BUSINESS IMPROVEMENT DISTRICTS ESTABLISHED UNDER
7 PART 12 OF ARTICLE 25 OF TITLE 31, C.R.S., LOCAL IMPROVEMENT
8 DISTRICTS ESTABLISHED UNDER PART 6 OF ARTICLE 20 OF TITLE 30, C.R.S.,
9 THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED UNDER ARTICLE
10 9 OF TITLE 32, C.R.S., URBAN DRAINAGE AND FLOOD CONTROL DISTRICTS
11 ESTABLISHED UNDER PART 2 OF ARTICLE 11 OF TITLE 32, C.R.S., OR ANY
12 OTHER PROVISION OF STATE LAW, SHALL CONSTRUCT FACILITIES AND
13 PROVIDE, PHASE IN, OR EXTEND SERVICES CONSISTENT WITH THE ADOPTED
14 COMPREHENSIVE PLAN OF THE PLANNING JURISDICTION WITHIN WHICH
15 SUCH SERVICES ARE PROVIDED OR FACILITIES ARE LOCATED UNLESS A
16 STATUTE OR LOCAL LAW EXPLICITLY EXEMPTS SUCH ACTIVITY FROM
17 COMPLIANCE WITH THIS PART 6.
18 (4) ANY MUNICIPALITY THAT OWNS PROPERTY OR PROVIDES
19 SERVICES OUTSIDE ITS JURISDICTIONAL BOUNDARIES SHALL CONSTRUCT
20 FACILITIES AND PROVIDE, PHASE IN, OR EXTEND SERVICES IN A MANNER
21 CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN OF THE PLANNING
22 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED OR SERVICES ARE
23 PROVIDED UNLESS A STATUTE OR LOCAL LAW EXPLICITLY EXEMPTS SUCH
24 ACTIVITY FROM COMPLIANCE WITH THIS PART 6.
25 24-65.1-614. Project review. (1) EACH PLANNING JURISDICTION
26 SHALL ESTABLISH A PROCESS TO ENSURE THAT COMPLETED APPLICATIONS
Page 26
1 FOR DEVELOPMENT APPROVAL ARE APPROVED, APPROVED WITH
2 CONDITIONS, OR DISAPPROVED WITHIN NINETY DAYS OF THE DATE SUCH
3 COMPLETED APPLICATIONS ARE FILED, EXCEPT AS PROVIDED IN
4 SUBSECTION (2) OF THIS SECTION. A PLANNING JURISDICTION MAY
5 APPROVE AN APPLICATION FOR DEVELOPMENT APPROVAL IF THE PROJECT
6 IS WITHIN AN URBAN SERVICE AREA AND IS CONSISTENT WITH THE
7 PLANNING JURISDICTION'S COMPREHENSIVE PLAN AND ADOPTED
8 DEVELOPMENT REGULATIONS AND PROGRAMS.
9 (2) THE PLANNING JURISDICTION'S PROCESS SHALL REQUIRE THAT
10 THE DEADLINE FOR APPROVING, APPROVING WITH CONDITIONS, OR
11 DISAPPROVING COMPLETED APPLICATIONS MAY BE EXTENDED ONLY WITH
12 THE CONSENT OF THE APPLICANT FOR THE DEVELOPMENT APPROVAL. IF
13 THE PLANNING JURISDICTION FAILS TO ACT ON THE APPLICATION WITHIN
14 THE NINETY-DAY PERIOD, THE APPLICATION FOR DEVELOPMENT APPROVAL
15 SHALL BE DEEMED APPROVED UNLESS THE APPLICANT HAS CONSENTED TO
16 AN EXTENSION OF TIME.
17 (3) IF A PROPOSED DEVELOPMENT REQUIRES NEW INFRASTRUCTURE
18 OR PUBLIC FACILITIES AND SERVICES AND THE PLANNING JURISDICTION
19 APPROVES SUCH DEVELOPMENT OR APPROVES SUCH DEVELOPMENT WITH
20 CONDITIONS, THE PLANNING JURISDICTION'S DECISION SHALL INCLUDE A
21 COMMITMENT BY THE PLANNING JURISDICTION TO EITHER PROVIDE SUCH
22 INFRASTRUCTURE OR PUBLIC FACILITIES AND SERVICES OR TO APPROVE
23 SUCH INFRASTRUCTURE OR FACILITIES AND SERVICES IN ACCORDANCE
24 WITH THIS PART 6.
25 (4) DURING PROJECT REVIEW, THE PLANNING JURISDICTION MAY
26 ATTACH CONDITIONS TO A DEVELOPMENT APPROVAL ONLY TO THE EXTENT
Page 27
1 NECESSARY TO BRING SUCH PROPOSED DEVELOPMENT INTO CONFORMITY
2 WITH THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN OR
3 DEVELOPMENT REGULATIONS AND PROGRAMS. THE PLANNING
4 JURISDICTION SHALL NOT IMPOSE ADDITIONAL RESTRICTIONS UPON THOSE
5 PORTIONS OF THE PROPOSED DEVELOPMENT THAT ARE CONSISTENT WITH
6 THE PLANNING JURISDICTION'S ADOPTED COMPREHENSIVE PLAN AND
7 DEVELOPMENT REGULATIONS AND PROGRAMS. NOTWITHSTANDING THESE
8 LIMITATIONS, THE PLANNING JURISDICTION MAY IMPOSE IMPACT FEES ON
9 THE PROPOSED DEVELOPMENT AS PROVIDED IN SECTION 24-65.1-617.
10 24-65.1-615. Administration and funding. (1) WITHIN THIRTY
11 DAYS AFTER THE DATE OF FINAL ADOPTION, EACH PLANNING JURISDICTION
12 SHALL FILE A COMPLETE AND ACCURATE COPY OF ITS COMPREHENSIVE
13 PLAN WITH THE DEPARTMENT AND WITH EACH PLANNING JURISDICTION
14 WITH WHICH IT SHARES A BORDER OR WITHIN WHICH IT IS PARTIALLY OR
15 COMPLETELY LOCATED. ANY AMENDMENT TO A COMPREHENSIVE PLAN
16 SHALL BE FILED IN THE SAME MANNER AS THE INITIAL COMPREHENSIVE
17 PLANS. EACH PLANNING COUNTY SHALL MAKE THE FOLLOWING
18 AVAILABLE FOR PUBLIC REVIEW DURING ORDINARY BUSINESS HOURS:
19 (a) A COPY OF THE PLANNING COUNTY'S ADOPTED COMPREHENSIVE
20 PLAN;
21 (b) A COPY OF THE ADOPTED COMPREHENSIVE PLAN OF EACH
22 PLANNING MUNICIPALITY WITHIN THE PLANNING COUNTY; AND
23 (c) A COPY OF THE ADOPTED COMPREHENSIVE PLAN OF EACH
24 ADJACENT COUNTY IF SUCH ADJACENT COUNTY IS A PLANNING COUNTY.
25 (2) THE DEPARTMENT SHALL MAKE COPIES OF THE ADOPTED
26 COMPREHENSIVE PLAN OF EACH PLANNING JURISDICTION AVAILABLE FOR
Page 28
1 PUBLIC REVIEW DURING ORDINARY BUSINESS HOURS.
2 (3) THE DEPARTMENT SHALL ESTABLISH A PROGRAM OF TECHNICAL
3 AND FINANCIAL ASSISTANCE TO PLANNING JURISDICTIONS TO FACILITATE
4 THE ADOPTION AND IMPLEMENTATION OF COMPREHENSIVE PLANS AND
5 DEVELOPMENT REGULATIONS AND PROGRAMS THROUGHOUT THE STATE.
6 (4) THE DEPARTMENT SHALL DEVELOP AND ADMINISTER A GRANT
7 PROGRAM TO PROVIDE DIRECT FINANCIAL ASSISTANCE TO PLANNING
8 JURISDICTIONS FOR THE PREPARATION OF COMPREHENSIVE PLANS
9 PURSUANT TO THIS PART 6. THE DEPARTMENT MAY ADOPT RULES TO
10 REQUIRE THAT PLANNING JURISDICTIONS PROVIDE MATCHING FUNDS TO
11 RECEIVE SUCH FINANCIAL ASSISTANCE.
12 24-65.1-616. Comprehensive planning program fund. THE
13 COMPREHENSIVE PLANNING PROGRAM FUND IS HEREBY CREATED IN THE
14 STATE TREASURY. THE COMPREHENSIVE PLANNING PROGRAM FUND SHALL
15 CONSIST OF ALL MONEYS THAT MAY BE TRANSFERRED OR APPROPRIATED
16 THERETO BY THE GENERAL ASSEMBLY OR THAT MAY OTHERWISE BE MADE
17 AVAILABLE TO THE FUND PURSUANT TO LAW. ALL INTEREST OR OTHER
18 RETURN ON THE INVESTMENT OF MONEYS IN THE COMPREHENSIVE
19 PLANNING PROGRAM FUND AND ALL OTHER REPAYMENTS OF FINANCIAL
20 ASSISTANCE PROVIDED FROM THE FUND PURSUANT TO THIS PART 6 SHALL
21 BE CREDITED TO THE COMPREHENSIVE PLANNING PROGRAM FUND.
22 MONEYS IN THE FUND ARE SUBJECT TO APPROPRIATION BY THE GENERAL
23 ASSEMBLY AND SHALL BE USED ONLY FOR THE PURPOSES SET FORTH IN
24 THIS PART 6. ANY MONEYS CREDITED TO THE COMPREHENSIVE PLANNING
25 PROGRAM FUND SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO
26 THE GENERAL FUND AT THE END OF ANY GIVEN FISCAL YEAR.
Page 29
1 24-65.1-617. Impact fees. ANY PLANNING JURISDICTION THAT
2 HAS ADOPTED A COMPREHENSIVE PLAN THAT CONTAINS A CAPITAL
3 FACILITIES ELEMENT MAY IMPOSE, BY ORDINANCE, DEVELOPMENT IMPACT
4 FEES ON NEW DEVELOPMENT OR NEW URBAN GROWTH PROPOSALS AS A
5 CONDITION OF DEVELOPMENT APPROVAL. SUCH FEES SHALL BE BASED ON
6 THE NEW DEVELOPMENT'S OR NEW URBAN GROWTH PROPOSAL'S
7 PROPORTIONATE SHARE OF THE COST OF SYSTEM IMPROVEMENTS AND
8 PROJECT IMPROVEMENTS NEEDED TO SERVE SUCH GROWTH PROPOSAL OR
9 DEVELOPMENT. FOR PURPOSES OF THIS SECTION, "SYSTEM IMPROVEMENTS
10 AND PROJECT IMPROVEMENTS" INCLUDES MEDICAL CENTERS, WATER
11 SUPPLY FACILITIES, WASTEWATER FACILITIES, ROADS, STREETS AND
12 BRIDGES, LAW ENFORCEMENT SERVICES, LANDFILLS, STORMWATER
13 FACILITIES, PARKS, OPEN SPACE, RECREATION AREAS AND FACILITIES,
14 PUBLIC SAFETY FACILITIES, LIBRARIES, AND SCHOOLS.
15 24-65.1-618. Dispute resolution process. (1) THE DEPARTMENT
16 SHALL MAINTAIN A LIST OF MEDIATORS WHO ARE AVAILABLE TO ASSIST IN
17 RESOLVING DISPUTES ARISING UNDER THIS PART 6. THE LIST OF
18 MEDIATORS SHALL INCLUDE ONLY THOSE PERSONS THE DEPARTMENT
19 DETERMINES HAVE PROFESSIONAL EXPERTISE AND SKILLS IN MEDIATION,
20 LAND USE, PLANNING, ZONING, REAL ESTATE, PUBLIC ADMINISTRATION, OR
21 RELATED DISCIPLINES.
22 (2) ANY PERSON WHO IS AGGRIEVED BY A PLANNING
23 JURISDICTION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
24 PART 6 MAY FILE A PETITION WITH THE DEPARTMENT ALLEGING THAT THE
25 PLANNING JURISDICTION HAS:
26 (a) FAILED TO ADOPT A COMPREHENSIVE PLAN, AN AMENDMENT
Page 30
1 THERETO, OR AN URBAN SERVICE AREA AS REQUIRED BY THIS PART 6;
2 (b) ADOPTED A COMPREHENSIVE PLAN, AN AMENDMENT THERETO,
3 OR AN URBAN SERVICE AREA THAT IS IN CONFLICT WITH OR IS
4 INCONSISTENT WITH THE COMPREHENSIVE PLAN ADOPTED BY ANOTHER
5 PLANNING JURISDICTION THAT IS AFFECTED BY THE COMPREHENSIVE PLAN;
6 (c) ADOPTED A COMPREHENSIVE PLAN, AN AMENDMENT THERETO,
7 OR AN URBAN SERVICE AREA THAT IS NOT IN COMPLIANCE WITH THE
8 REQUIREMENTS OF THIS PART 6;
9 (d) FAILED TO UPDATE OR AMEND ITS COMPREHENSIVE PLAN OR
10 URBAN SERVICE AREA IN ACCORDANCE WITH THE TIMETABLES SET FORTH
11 IN SECTION 24-65.1-605; OR
12 (e) ADOPTED DEVELOPMENT REGULATIONS AND PROGRAMS THAT
13 ARE IN CONFLICT WITH THE PLANNING JURISDICTION'S ADOPTED
14 COMPREHENSIVE PLAN.
15 (3) FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED
16 TO BE AGGRIEVED IF:
17 (a) THE PERSON IS AN ADJACENT PLANNING JURISDICTION; OR
18 (b) THE PERSON HAS PARTICIPATED ORALLY OR IN WRITING IN
19 PROCEEDINGS BEFORE THE PLANNING JURISDICTION CONCERNING THE
20 ADOPTION OF THE COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS
21 AND PROGRAMS AT ISSUE OR HAS ATTEMPTED TO SO PARTICIPATE AND THE
22 PERSON OWNS OR RENTS REAL PROPERTY, HAS A CONTRACT FOR THE
23 PURCHASE OF REAL PROPERTY, OR IS REGISTERED TO VOTE IN THE
24 PLANNING JURISDICTION OR IN A COUNTY OR MUNICIPALITY THAT IS
25 ADJACENT TO SUCH PLANNING JURISDICTION.
26 (4) AGGRIEVED PERSONS SHALL FILE PETITIONS WITH THE
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1 DEPARTMENT WITHIN SIXTY DAYS AFTER THE PLANNING JURISDICTION
2 ADOPTS OR AMENDS ITS COMPREHENSIVE PLAN OR DEVELOPMENT
3 REGULATIONS AND PROGRAMS OR, IF THE PLANNING JURISDICTION FAILS TO
4 ADOPT A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS AND
5 PROGRAMS BY THE DATE SET FORTH IN SECTION 24-65.1-605, WITHIN SIXTY
6 DAYS OF SUCH DATE.
7 (5) IF THE DEPARTMENT RECEIVES MORE THAN ONE PETITION
8 INVOLVING THE SAME URBAN SERVICE AREA, THE SAME COMPREHENSIVE
9 PLAN, THE SAME AMENDMENT TO A COMPREHENSIVE PLAN OR THE SAME
10 DISPUTE, THE DEPARTMENT SHALL CONSOLIDATE ALL SUCH PETITIONS INTO
11 ONE PROCEEDING FOR PURPOSES OF THIS SECTION. THE DEPARTMENT
12 SHALL NOTIFY ALL PARTIES TO THE DISPUTE THAT THEY HAVE THE OPTION
13 TO SELECT THREE PERSONS TO ACT AS A DISPUTE HEARINGS PANEL IN
14 ACCORDANCE WITH SUBSECTION (6) OF THIS SECTION. IF THE PARTIES
15 HAVE NOT NOTIFIED THE DEPARTMENT OF THEIR VOLUNTARY SELECTION
16 OF A DISPUTE HEARINGS PANEL WITHIN THIRTY DAYS OF THE DATE OF THE
17 DEPARTMENT'S NOTICE, THE DEPARTMENT SHALL APPOINT THREE
18 MEDIATORS TO SERVE AS THE DISPUTE HEARINGS PANEL IN ACCORDANCE
19 WITH SUBSECTION (7) OF THIS SECTION.
20 (6) EACH DISPUTE HEARINGS PANEL SHALL CONSIST OF THREE
21 MEMBERS. REGARDLESS OF THE MANNER OF SELECTION OF THE PANEL, AT
22 LEAST ONE MEMBER OF EACH PANEL SHALL BE ADMITTED TO PRACTICE
23 LAW IN COLORADO, AND AT LEAST ONE MEMBER SHALL HAVE EXPERIENCE
24 IN LAND USE PLANNING. IN ADDITION, THE MEMBERS OF EACH DISPUTE
25 HEARINGS PANEL SHALL BE SELECTED SO THAT AT THE TIME OF THEIR
26 APPOINTMENT AND DURING THEIR TERMS:
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1 (a) NO MORE THAN TWO MEMBERS SHALL BE MEMBERS OF THE
2 SAME POLITICAL PARTY; AND
3 (b) NO TWO MEMBERS SHALL RESIDE IN THE SAME COUNTY.
4 (7) IF APPOINTED BY THE DEPARTMENT, THE MEMBERS OF EACH
5 DISPUTE HEARINGS PANEL SHALL BE SELECTED FROM THE LIST OF
6 MEDIATORS MAINTAINED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
7 (8) THE DEPARTMENT SHALL ESTABLISH BY RULE THE PROCEDURES
8 FOR PROCEEDINGS BEFORE THE DISPUTE HEARINGS PANEL. DISPUTE
9 HEARINGS PANEL MEMBERS MAY BE COMPENSATED AS PROVIDED IN THE
10 DEPARTMENT'S RULES.
11 (9) THE DEPARTMENT SHALL ALLOCATE THE COSTS OF THE DISPUTE
12 HEARINGS PANEL AMONG THE PARTIES TO THE DISPUTE.
13 (10) THE DISPUTE HEARINGS PANEL SHALL MAKE A FINAL DECISION
14 WITHIN NINETY DAYS AFTER RECEIPT OF THE PETITION OR RECEIPT OF THE
15 LAST PETITION THAT IS CONSOLIDATED, WHICHEVER IS LATER. THE
16 DISPUTE HEARINGS PANEL SHALL MAKE FINDINGS OF FACT BASED UPON
17 SUBSTANTIAL EVIDENCE IN THE RECORD AND SHALL PREPARE A WRITTEN
18 DECISION. AT LEAST A MAJORITY OF THE DISPUTE HEARINGS PANEL
19 MEMBERS SHALL SIGN THE PANEL'S FINDINGS AND DECISION. THE PANEL'S
20 FINDINGS AND DECISION SHALL BE FINAL UPON FILING WITH THE
21 DEPARTMENT. THE DEPARTMENT SHALL MAKE A COPY OF THE DISPUTE
22 HEARINGS PANEL'S FINAL DECISION AND FINDINGS AVAILABLE FOR PUBLIC
23 INSPECTION.
24 (11) IN DECIDING DISPUTES BASED UPON THE GROUNDS SET FORTH
25 IN PARAGRAPH (a) OR (d) OF SUBSECTION (2) OF THIS SECTION, THE DISPUTE
26 HEARINGS PANEL SHALL FIND EITHER THAT THE PLANNING JURISDICTION
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1 ADOPTED A COMPREHENSIVE PLAN, AN AMENDMENT THERETO, OR AN
2 URBAN SERVICE AREA AS REQUIRED BY THIS PART 6 OR THAT THE
3 PLANNING JURISDICTION FAILED TO ADOPT OR MEET THE TIMETABLE FOR
4 THE ADOPTION, IN WHOLE OR IN PART, OF THE APPLICABLE COMPREHENSIVE
5 PLAN, AMENDMENT THERETO, OR URBAN SERVICE AREA, IF ANY, AS
6 REQUIRED BY THIS PART 6. IF THE DISPUTE HEARINGS PANEL FINDS THAT
7 THE APPLICABLE COMPREHENSIVE PLAN, AMENDMENT THERETO, OR URBAN
8 SERVICE AREA FAILS TO MEET THE REQUIREMENTS OF THIS PART 6 IN
9 WHOLE OR IN PART, THE PANEL'S DECISION SHALL SPECIFY THE PARTICULAR
10 PART OF THE PLAN, AMENDMENT THERETO, OR URBAN SERVICE AREA THAT
11 DOES NOT MEET THE REQUIREMENTS OF THIS PART 6 AND SHALL REMAND
12 THE COMPREHENSIVE PLAN, AMENDMENT THERETO, OR URBAN SERVICE
13 AREA TO THE PLANNING JURISDICTION. THE PANEL'S DECISION SHALL
14 SPECIFY A REASONABLE TIME WITHIN WHICH THE PLANNING JURISDICTION
15 SHALL CORRECT THE DEFICIENCIES, BUT SUCH TIME SHALL NOT EXCEED
16 ONE HUNDRED EIGHTY DAYS. THE PANEL'S DECISION SHALL PROVIDE
17 SPECIFIC GUIDANCE TO THE PLANNING JURISDICTION TO CONSIDER IN
18 CORRECTING THE IDENTIFIED DEFICIENCIES.
19 (12) (a) IN DECIDING DISPUTES BASED UPON THE GROUNDS SET
20 FORTH IN PARAGRAPH (b), (c), OR (e) OF SUBSECTION (2) OF THIS SECTION,
21 THE DISPUTE HEARINGS PANEL SHALL FIND EITHER THAT:
22 (I) THE APPLICABLE COMPREHENSIVE PLAN, AMENDMENT THERETO,
23 OR URBAN SERVICE AREA IS CONSISTENT WITH OR DOES NOT CONFLICT
24 WITH THE COMPREHENSIVE PLAN ADOPTED BY ANOTHER PLANNING
25 JURISDICTION; THAT THE COMPREHENSIVE PLAN, AMENDMENT THERETO,
26 OR URBAN SERVICE AREA COMPLIES WITH THE REQUIREMENTS OF THIS PART
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1 6; OR THE DEVELOPMENT REGULATIONS AND PROGRAMS DO NOT CONFLICT
2 WITH THE PLANNING JURISDICTION'S ADOPTED COMPREHENSIVE PLAN; OR
3 (II) THE APPLICABLE COMPREHENSIVE PLAN, AMENDMENT
4 THERETO, OR URBAN SERVICE AREA IS INCONSISTENT WITH OR CONFLICTS
5 WITH THE COMPREHENSIVE PLAN ADOPTED BY ANOTHER PLANNING
6 JURISDICTION; THE COMPREHENSIVE PLAN, AMENDMENT THERETO, OR
7 URBAN SERVICE AREA DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS
8 PART 6; OR THE DEVELOPMENT REGULATIONS AND PROGRAMS CONFLICT
9 WITH THE PLANNING JURISDICTION'S ADOPTED COMPREHENSIVE PLAN.
10 (b) IF THE DISPUTE HEARINGS PANEL FINDS A CONFLICT,
11 INCONSISTENCY, OR FAILURE TO MEET THE REQUIREMENTS OF THIS PART 6
12 IN THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN, AMENDMENT
13 THERETO, URBAN SERVICE AREA, OR DEVELOPMENT REGULATIONS AND
14 PROGRAMS, THE PANEL'S DECISION SHALL DIRECT THAT THE
15 COMPREHENSIVE PLAN, AMENDMENT THERETO, URBAN SERVICE AREA, OR
16 DEVELOPMENT REGULATIONS AND PROGRAMS BE AMENDED IN A MANNER
17 CONSISTENT WITH THIS PART 6 AND SHALL PROVIDE SPECIFIC GUIDANCE TO
18 THE PLANNING JURISDICTION FOR ANY NECESSARY AMENDMENTS TO
19 ELIMINATE THE INCONSISTENCY, CONFLICT, OR NONCONFORMITY. THE
20 DISPUTE HEARINGS PANEL SHALL REMAND THE COMPREHENSIVE PLAN TO
21 THE PLANNING JURISDICTION AND SHALL SPECIFY A REASONABLE TIME
22 WITHIN WHICH THE PLANNING JURISDICTION SHALL CORRECT THE
23 CONFLICTS OR DEFICIENCIES, BUT THE TIME SHALL NOT EXCEED ONE
24 HUNDRED EIGHTY DAYS.
25 (13) THE DISPUTE HEARINGS PANEL'S WRITTEN DECISIONS MAY BE
26 CITED AS PRECEDENTIAL AUTHORITY IN THE COURTS OF THE STATE ONLY
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1 IF SUCH DECISION HAS BEEN UPHELD BY A DISTRICT COURT OF THIS STATE.
2 WRITTEN DECISIONS THAT HAVE NOT BEEN UPHELD BY A DISTRICT COURT
3 SHALL HAVE NO PRECEDENTIAL EFFECT EXCEPT IN APPEALS OR
4 SUBSEQUENT PROCEEDINGS ARISING FROM THE SAME MATERIAL FACTS.
5 (14) THE DISPUTE HEARINGS PANEL'S FINDINGS OF CONFLICT,
6 INCONSISTENCY, OR NONCONFORMITY SHALL NOT AFFECT THE VALIDITY
7 OF THOSE PORTIONS OF THE APPLICABLE COMPREHENSIVE PLAN,
8 AMENDMENT THERETO, URBAN SERVICE AREA, OR DEVELOPMENT
9 REGULATIONS AND PROGRAMS THAT ARE NOT SPECIFICALLY CITED IN THE
10 PANEL'S DECISION.
11 (15) CHALLENGES TO THE ISSUANCE OR FAILURE TO ISSUE A
12 PROJECT PERMIT OR DEVELOPMENT APPROVAL ARE NOT SUBJECT TO
13 REVIEW UNDER THIS SECTION.
14 24-65.1-619. Appeals - standing - standard of review. (1) ANY
15 PARTY WHO HAS APPEARED BEFORE THE DISPUTE HEARINGS PANEL AND
16 WHO IS AGGRIEVED BY A FINAL DECISION OF THE PANEL MAY APPEAL THE
17 DECISION TO THE DISTRICT COURT OF THE COUNTY IN WHICH THE PLANNING
18 JURISDICTION IS LOCATED. ANY APPEAL SHALL BE FILED WITHIN THIRTY
19 DAYS OF THE DATE OF THE FINAL DECISION OF THE DISPUTE HEARINGS
20 PANEL.
21 (2) IN REVIEWING A DISPUTE HEARINGS PANEL'S DECISION, THE
22 DISTRICT COURT SHALL REVIEW QUESTIONS OF LAW DE NOVO AND SHALL
23 REVIEW FINDINGS OF FACT IN ACCORDANCE WITH THE STANDARD OF
24 REVIEW SET FORTH IN RULE 106 OF THE COLORADO RULES OF CIVIL
25 PROCEDURE.
26 24-65.1-620. Effect of nonparticipation in the Colorado
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1 comprehensive planning program. IF A PLANNING JURISDICTION FAILS
2 TO ADOPT A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS AND
3 PROGRAMS WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DEADLINE FOR
4 ADOPTION OF A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS
5 AND PROGRAMS SET FORTH IN SECTION 24-65.1-605 AND NO PETITIONS
6 REGARDING THE MATTER HAVE BEEN FILED PURSUANT TO SECTION
7 24-65.1-618 (2) OR IF A PLANNING JURISDICTION FAILS TO COMPLY WITH
8 A DISPUTE HEARINGS PANEL'S DECISION ISSUED PURSUANT TO SECTION
9 24-65.1-618 WITHIN FORTY-FIVE DAYS OF THE DATE SET FORTH IN THE
10 PANEL'S DECISION, THE PLANNING JURISDICTION SHALL BE INELIGIBLE TO
11 RECEIVE FUNDS PURSUANT TO SECTION 24-65.1-615 OR TO EXERCISE ANY
12 AUTHORITY GRANTED PURSUANT TO SECTION 24-65.1-611. THE
13 DEPARTMENT SHALL PUBLISH NOTICE OF A PLANNING JURISDICTION'S
14 INELIGIBILITY AND SUCH INELIGIBILITY SHALL BE EFFECTIVE FORTY-FIVE
15 DAYS FOLLOWING PUBLICATION OF SUCH NOTICE.
16 24-65.1-621. Supplements existing law. THE PROVISIONS OF THIS
17 PART 6 SUPPLEMENT, BUT DO NOT REPLACE, THOSE PROVISIONS OF PART 2
18 OF ARTICLE 23 OF TITLE 31, C.R.S., PART 1 OF ARTICLE 28 OF TITLE 30,
19 C.R.S., PART 1 OF ARTICLE 65.1 OF THIS TITLE, ARTICLE 20 OF TITLE 29,
20 C.R.S., AND ANY OTHER STATUTES GRANTING PLANNING AND
21 REGULATORY POWERS TO COUNTIES AND MUNICIPALITIES. IN THE EVENT
22 OF A CONFLICT BETWEEN THE PROVISIONS OF ANY SUCH LAW AND THIS
23 PART 6, THE PROVISIONS OF THIS PART 6 SHALL GOVERN.
24 SECTION 2. Appropriation. In addition to any other
25 appropriation, for the fiscal year beginning July 1, 1999, there is hereby
26 appropriated out of any moneys in the general fund not otherwise
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1 appropriated, to the comprehensive planning program fund created in
2 section 24-65.1-616, Colorado Revised Statutes, the sum of ___ dollars
3 ($ ), and such sum, or so much thereof as may be necessary, is further
4 appropriated to the department of local affairs to provide financial
5 assistance to planning jurisdictions for the preparation of comprehensive
6 plans and development regulations and programs for the implementation
7 of this act.
8 SECTION 3. Effective date. This act shall take effect at 12:01
9 a.m. on the day following the expiration of the ninety-day period after
10 final adjournment of the general assembly that is allowed for submitting
11 a referendum petition pursuant to article V, section 1 (3) of the state
12 constitution; except that, if a referendum petition is filed against this act
13 or an item, section, or part of this act within such period, then the act,
14 item, section, or part, if approved by the people, shall take effect on the
15 date of the official declaration of the vote thereon by proclamation of the
16 governor.