First Regular Session
Sixty-second General Assembly
LLS NO. 99-0804.01 Jane Ard-Smith SENATE BILL 99-211
STATE OF COLORADO
BY SENATOR Sullivant
STATE, VETERANS, & MILITARY AFFAIRS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING COMPREHENSIVE PLANNING BY LOCAL GOVERNMENTS TO
102 MANAGE URBAN GROWTH, AND MAKING AN APPROPRIATION IN
103 CONNECTION THEREWITH.
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
[ ] 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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subject to the comprehensive planning program to adopt development
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
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.
Authorizes counties and municipalities subject to the
comprehensive planning program to establish a transferable development
credit 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.
Creates a dispute resolution and appeal process for resolving
conflicts.
Prohibits counties and municipalities from adopting a moratorium
on the processing of land use permit applications on the sole basis that the
county or municipality is implementing the requirements of this act.
States an intent by the general assembly to establish an interim committee
no later than July 1, 2002, to study, review, and recommend any changes
necessary to this act.
Makes the master plan of a county or municipality that is subject
to the requirements of this act mandatory unless the registered electors of
the county or municipality vote to make the plan advisory.
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:
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1 PART 6
2 RESPONSIBLE URBAN GROWTH MANAGEMENT
3 24-65.1-601. Legislative declaration. (1) THE GENERAL
4 ASSEMBLY HEREBY FINDS AND DECLARES THAT THE COORDINATION OF
5 URBAN DEVELOPMENT AND GROWTH THROUGHOUT THE STATE IS A MATTER
6 OF STATEWIDE INTEREST AND CONCERN IN WHICH THE STATE HAS A
7 RESPONSIBILITY FOR THE HEALTH, WELFARE, AND SAFETY OF THE PEOPLE
8 OF THE STATE AND FOR THE PROTECTION OF THE ENVIRONMENT. THE
9 GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT BETTER
10 COORDINATION OF GROWTH THROUGHOUT THE STATE MAY ENHANCE THE
11 HEALTH, WELFARE, AND SAFETY OF THE PEOPLE OF THE STATE AND MAY
12 FURTHER ENHANCE THE HIGH QUALITY OF LIFE ENJOYED BY THE RESIDENTS
13 OF THE STATE BECAUSE SUCH COORDINATION WILL RESULT IN:
14 (a) MORE EFFICIENT USE OF TAXPAYER MONEY FOR THE
15 CONSTRUCTION AND MAINTENANCE OF UTILITIES, SCHOOLS, AND PUBLIC
16 FACILITIES;
17 (b) IMPROVED EFFICIENCIES IN SUPPLYING PUBLIC SERVICES;
18 (c) THE REDUCTION IN SPRAWL;
19 (d) PRESERVATION OF AGRICULTURAL LANDS IN PRODUCTION AND
20 MAINTENANCE OF THE CAPACITY OF SUCH LANDS TO SUPPORT A
21 CONTINUED AND SIGNIFICANT AGRICULTURAL ECONOMY; AND
22 (e) FURTHER PROTECTION OF THE ENVIRONMENT.
23 (2) THE GENERAL ASSEMBLY FURTHER INTENDS THAT ANY
24 DISPUTES ARISING UNDER THIS PART 6 SHOULD BE RESOLVED QUICKLY,
25 EFFICIENTLY, AND INFORMALLY TO THE EXTENT POSSIBLE. THE GENERAL
26 ASSEMBLY FURTHER INTENDS THAT ANY DISPUTES SHOULD BE RESOLVED
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1 WITH MINIMUM COSTS TO THE DISPUTING PARTIES AND, WHERE PRACTICAL,
2 WITHOUT RESORTING TO A FORMAL JUDICIAL PROCESS.
3 24-65.1-602. Short title. THIS PART 6 SHALL BE KNOWN AND MAY
4 BE CITED AS THE "COLORADO RESPONSIBLE GROWTH ACT".
5 24-65.1-603. Definitions. AS USED IN THIS PART 6, UNLESS THE
6 CONTEXT OTHERWISE REQUIRES:
7 (1) "COMPREHENSIVE PLAN" OR "PLAN" MEANS A GENERALIZED
8 COORDINATED POLICY STATEMENT OF THE GOVERNING BODY AND AN
9 ACCOMPANYING LAND USE MAP, AND ANY AMENDMENTS THERETO, THAT
10 ARE ADOPTED PURSUANT TO THE PROVISIONS OF THIS PART 6.
11 (2) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS.
12 (3) "DEVELOPMENT APPROVAL" MEANS ANY LAND USE PERMIT OR
13 APPROVAL THAT A PLANNING JURISDICTION REQUIRES FOR A PROPOSED
14 PROJECT, INCLUDING BUT NOT LIMITED TO APPROVALS OF SPECIFIC
15 SUBDIVISIONS, SITE PLANS, PLANNED UNIT DEVELOPMENTS, CONDITIONAL
16 USES, OR SITE-SPECIFIC REZONING CONSISTENT WITH A COMPREHENSIVE
17 PLAN. "DEVELOPMENT APPROVAL" DOES NOT INCLUDE THE ADOPTION OR
18 AMENDMENT OF A COMPREHENSIVE PLAN, THE ADOPTION OR AMENDMENT
19 OF GENERAL DEVELOPMENT REGULATIONS, OR CAPITAL BUDGET
20 DECISIONS.
21 (4) "DEVELOPMENT REGULATIONS AND PROGRAMS" MEANS ANY
22 CONTROLS PLACED ON DEVELOPMENT OR LAND USE ACTIVITIES BY ANY
23 LEGAL MECHANISM, INCLUDING BUT NOT LIMITED TO ORDINANCES
24 ESTABLISHING GENERAL ZONING REQUIREMENTS, GENERALIZED PLANNED
25 UNIT DEVELOPMENT STANDARDS AND PROCEDURES, GENERALIZED
26 SUBDIVISION REQUIREMENTS, ORDINANCES ENACTED PURSUANT TO THE
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1 "LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT OF 1974",
2 ARTICLE 20 OF TITLE 29, C.R.S., ANNEXATION POLICIES AND ORDINANCES,
3 AFFORDABLE HOUSING AND OPEN SPACE PROGRAMS, AND ORDINANCES
4 RELATED TO AREAS OR ACTIVITIES OF STATEWIDE INTEREST.
5 "DEVELOPMENT REGULATIONS AND PROGRAMS" DOES NOT INCLUDE A
6 DECISION TO APPROVE A SPECIFIC DEVELOPMENT PROJECT.
7 (5) "ESSENTIAL REGIONAL PUBLIC FACILITIES" MEANS THOSE
8 PUBLICLY OWNED CAPITAL FACILITIES THAT ARE TYPICALLY DIFFICULT TO
9 SITE, SUCH AS AIRPORTS, MAJOR UTILITIES AND UTILITY TRANSMISSION
10 LINES, STATE EDUCATIONAL FACILITIES, STATE OR LOCAL ROADS AND
11 TRANSPORTATION FACILITIES, STATE OR LOCAL CORRECTIONAL FACILITIES,
12 AND SOLID WASTE HANDLING AND DISPOSAL FACILITIES.
13 (6) "METROPOLITAN PLANNING ORGANIZATION" MEANS A
14 METROPOLITAN PLANNING ORGANIZATION AS DEFINED IN 23 U.S.C. SEC.
15 134, AS AMENDED.
16 (7) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY,
17 TOWN, OR CITY AND COUNTY OR A TERRITORIAL CHARTER CITY.
18 (8) "PLANNING COUNTY" MEANS ANY COUNTY THAT IS REQUIRED
19 TO PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM PURSUANT
20 TO SECTION 24-65.1-605.
21 (9) "PLANNING JURISDICTION" MEANS A PLANNING COUNTY OR A
22 PLANNING MUNICIPALITY.
23 (10) "PLANNING MUNICIPALITY" MEANS A MUNICIPALITY THAT IS
24 REQUIRED TO PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM
25 PURSUANT TO SECTION 24-65.1-605.
26 (11) "PROJECT REVIEW" MEANS THE PROCESS BY WHICH A
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1 PLANNING JURISDICTION DETERMINES WHETHER AN APPLICATION FOR
2 DEVELOPMENT APPROVAL IS CONSISTENT WITH THE PLANNING
3 JURISDICTION'S COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
4 AND PROGRAMS THAT COMPLY WITH THIS PART 6.
5 (12) "RURAL DEVELOPMENT AREA" MEANS AN AREA OUTSIDE AN
6 URBAN SERVICE AREA THAT, AT A MINIMUM, MEETS THE CRITERIA SET
7 FORTH IN SECTION 24-65.1-606 (3) AND CAN ACCOMMODATE A LIMITED
8 AMOUNT OF NONURBAN GROWTH.
9 (13) "URBAN GROWTH" MEANS GROWTH THAT MAKES INTENSIVE
10 USE OF LAND FOR BUILDINGS, STRUCTURES, AND OTHER USES THAT ARE
11 INCOMPATIBLE WITH THE PRIMARY USE OF SUCH LAND FOR AGRICULTURAL
12 OR RURAL PURPOSES. AREAS OF URBAN GROWTH INCLUDE AREAS
13 CHARACTERIZED BY:
14 (a) RESIDENTIAL DEVELOPMENT CONTAINING LOTS WITH AN
15 AVERAGE SIZE OF ONE ACRE OR LESS;
16 (b) COMMERCIAL DEVELOPMENT THAT CONTAINS GREATER THAN
17 TWENTY-FIVE THOUSAND SQUARE FEET OF GROSS LEASABLE AREA; OR
18 (c) ANY OTHER DEVELOPMENT THAT REQUIRES THE PROVISION OF
19 SANITARY SEWER SYSTEMS, CENTRALIZED DOMESTIC WATER SYSTEMS,
20 CENTRALIZED STORM SEWER SYSTEMS, OR FIRE AND POLICE PROTECTION
21 SERVICES.
22 (14) "URBAN SERVICE AREA" MEANS AN AREA DESIGNATED BY A
23 PLANNING JURISDICTION FOR PRESENT OR FUTURE URBAN GROWTH
24 PURSUANT TO SECTION 24-65.1-606.
25 24-65.1-604. Comprehensive planning program. THERE IS
26 HEREBY CREATED A COMPREHENSIVE PLANNING PROGRAM THAT IS
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1 DESIGNED TO REQUIRE CERTAIN LOCAL GOVERNMENTS TO DEVELOP A
2 COMPREHENSIVE PLAN AND TO DEVELOP URBAN SERVICE AREA
3 BOUNDARIES CONSISTENT WITH THIS PART 6.
4 24-65.1-605. Planning requirements. (1) ANY COUNTY OR
5 MUNICIPALITY MAY ELECT TO PARTICIPATE IN THE COMPREHENSIVE
6 PLANNING PROGRAM. THE FOLLOWING COUNTIES AND MUNICIPALITIES
7 SHALL PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM:
8 (a) ANY COUNTY THAT HAS A POPULATION GREATER THAN
9 TWENTY-FIVE THOUSAND ON OR AFTER THE EFFECTIVE DATE OF THIS PART
10 6;
11 (b) ANY COUNTY THAT HAS HAD A CUMULATIVE POPULATION
12 GROWTH OF TWENTY PERCENT OR MORE OVER THE PREVIOUS NINE YEARS;
13 AND
14 (c) ANY MUNICIPALITY THAT HAS A POPULATION GREATER THAN
15 TWO THOUSAND FIVE HUNDRED ON OR AFTER THE EFFECTIVE DATE OF THIS
16 PART 6 IF FIFTY PERCENT OR MORE OF THE MUNICIPALITY'S LAND AREA LIES
17 WITHIN A COUNTY THAT IS REQUIRED TO PARTICIPATE IN THE
18 COMPREHENSIVE PLANNING PROGRAM PURSUANT TO PARAGRAPH (a) OR (b)
19 OF THIS SUBSECTION (1).
20 (2) (a) IF SIXTY PERCENT OR MORE OF THE GENERAL PURPOSE
21 GOVERNMENTS WITHIN A COUNTY ELECT TO PARTICIPATE IN THE
22 COMPREHENSIVE PLANNING PROGRAM PURSUANT TO SUBSECTION (1) OF
23 THIS SECTION, THE COUNTY WITHIN WHICH SUCH GOVERNMENTS ARE
24 LOCATED AND THE MUNICIPALITIES WITHIN SUCH COUNTY THAT MEET THE
25 CRITERIA SET FORTH IN PARAGRAPH (c) OF SUBSECTION (1) OF THIS
26 SECTION SHALL PARTICIPATE IN THE COMPREHENSIVE PLANNING PROGRAM.
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1 (b) FOR PURPOSES OF THIS SUBSECTION (2), "GENERAL PURPOSE
2 GOVERNMENT" MEANS A COUNTY OR ANY MUNICIPALITY.
3 (3) THE DEPARTMENT SHALL NOTIFY IN WRITING EACH COUNTY
4 AND EACH MUNICIPALITY THAT IS REQUIRED TO PARTICIPATE IN THE
5 COMPREHENSIVE PLANNING PROGRAM PURSUANT TO SUBSECTION (1) OR
6 (2) OF THIS SECTION. THE DEPARTMENT SHALL MAINTAIN A LIST OF ALL
7 PLANNING JURISDICTIONS THAT ARE PARTICIPATING IN THE
8 COMPREHENSIVE PLANNING PROGRAM AND SHALL PUBLISH SUCH LIST AT
9 LEAST ANNUALLY.
10 (4) EACH PLANNING JURISDICTION SHALL ADOPT A
11 COMPREHENSIVE PLAN AND AN URBAN SERVICE AREA NO LATER THAN
12 THREE YEARS AFTER THE DATE OF THE DEPARTMENT'S WRITTEN NOTICE AS
13 PROVIDED IN SUBSECTION (3) OF THIS SECTION. A PLANNING JURISDICTION
14 THAT ADOPTED A COMPREHENSIVE PLAN OR AN URBAN SERVICE AREA
15 PRIOR TO THE EFFECTIVE DATE OF THIS PART 6 SHALL NOT BE REQUIRED TO
16 PREPARE AND ADOPT A NEW COMPREHENSIVE PLAN OR URBAN SERVICE
17 AREA IF THE EXISTING COMPREHENSIVE PLAN OR URBAN SERVICE AREA
18 OTHERWISE COMPLIES WITH THIS PART 6. IF THE PLANNING JURISDICTION'S
19 EXISTING COMPREHENSIVE PLAN OR URBAN SERVICE AREA DOES NOT
20 COMPLY WITH THE REQUIREMENTS OF THIS PART 6, THE PLANNING
21 JURISDICTION SHALL EITHER UPDATE AND AMEND ITS EXISTING
22 COMPREHENSIVE PLAN OR URBAN SERVICE AREA TO MEET THE
23 REQUIREMENTS OF THIS PART 6 OR ADOPT A NEW COMPREHENSIVE PLAN OR
24 URBAN SERVICE AREA WITHIN THE TIME SPECIFIED IN THIS SUBSECTION (4).
25 (5) EACH PLANNING JURISDICTION SHALL ADOPT DEVELOPMENT
26 REGULATIONS AND PROGRAMS THAT ARE CONSISTENT WITH ITS
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1 COMPREHENSIVE PLAN AND URBAN SERVICE AREA, OR SHALL AMEND
2 EXISTING DEVELOPMENT REGULATIONS AND PROGRAMS TO BE CONSISTENT
3 WITH SUCH PLAN AND AREA, NO LATER THAN FIVE YEARS AFTER THE DATE
4 OF THE DEPARTMENT'S WRITTEN NOTICE AS PROVIDED IN SUBSECTION (3)
5 OF THIS SECTION.
6 (6) ALL COMPREHENSIVE PLANS ADOPTED PURSUANT TO THIS PART
7 6 SHALL CONSIST OF AT LEAST ONE MAP AND SHALL INCLUDE WRITTEN
8 TEXT DESCRIBING THE OBJECTIVES, PRINCIPLES, AND STANDARDS USED TO
9 DEVELOP THE COMPREHENSIVE PLAN. ALL COMPREHENSIVE PLANS SHALL
10 BE INTERNALLY CONSISTENT DOCUMENTS. EACH PLANNING JURISDICTION
11 SHALL INCLUDE THE FOLLOWING ELEMENTS IN ITS COMPREHENSIVE PLAN:
12 (a) PROJECTIONS OF POPULATION GROWTH FOR THE NEXT TWENTY
13 YEARS AND PROJECTIONS OF HOUSING NEEDS TO ACCOMMODATE THE
14 PROJECTED POPULATION FOR THE NEXT TWENTY YEARS. THE PLANNING
15 JURISDICTION SHALL BASE THESE PROJECTIONS UPON DATA FROM THE
16 DEPARTMENT AND UPON THE PLANNING JURISDICTION'S LOCAL OBJECTIVES.
17 (b) A LAND USE ELEMENT DESIGNATING THE PROPOSED GENERAL
18 DISTRIBUTION, LOCATION, AND EXTENT OF THE USES OF LAND. ALL LAND
19 THAT IS NOT DESIGNATED AS PART OF AN URBAN SERVICE AREA OR PART OF
20 A RURAL DEVELOPMENT AREA SHALL BE DESIGNATED AS RURAL.
21 (c) AN URBAN SERVICE AREA ELEMENT THAT COMPLIES WITH
22 SECTION 24-65.1-606;
23 (d) A HOUSING ELEMENT THAT IDENTIFIES ESTABLISHED
24 RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE
25 HOUSING DEVELOPMENT FOR THE EXISTING AND PROJECTED NEEDS OF ALL
26 CURRENT AND ANTICIPATED RESIDENTS OF THE PLANNING JURISDICTION.
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1 SUCH HOUSING ELEMENT SHALL ACCOMMODATE, AT A MINIMUM, HOUSING
2 FOR ALL ANTICIPATED EMPLOYEES OF CURRENT AND FUTURE COMMERCIAL,
3 INDUSTRIAL, AND RETAIL AREAS IDENTIFIED IN THE COMPREHENSIVE PLAN
4 UNLESS THE PLANNING JURISDICTION HAS ENTERED INTO A REGIONAL
5 PROGRAM AGREEMENT WITH OTHER PLANNING JURISDICTIONS THAT
6 PROVIDES FOR SUCH HOUSING NEEDS. IF A PLANNING JURISDICTION HAS
7 ENTERED A REGIONAL PLANNING AGREEMENT, SUCH AGREEMENT SHALL BE
8 INCORPORATED BY REFERENCE INTO THE HOUSING ELEMENT.
9 (e) A TRANSPORTATION ELEMENT BASED ON THE PLANNING
10 JURISDICTION'S POPULATION AND HOUSING NEEDS PROJECTIONS, LAND USE
11 ELEMENT, AND HOUSING ELEMENT. THE TRANSPORTATION ELEMENT
12 SHALL BE CONSISTENT WITH ANY TRANSPORTATION PLAN PREPARED BY
13 ANY METROPOLITAN PLANNING ORGANIZATION WITHIN WHICH THE
14 PLANNING JURISDICTION IS LOCATED OR, IF THE PLANNING JURISDICTION
15 IS NOT LOCATED IN AN AREA COVERED BY A METROPOLITAN PLANNING
16 ORGANIZATION, WITH ANY TRANSPORTATION PLAN PREPARED BY THE
17 STATE DEPARTMENT OF TRANSPORTATION.
18 (f) AN OPEN SPACE ELEMENT THAT IDENTIFIES PROJECTED NEED
19 FOR AND LOCATIONS OF OPEN SPACES, TRAILS, WILDLIFE AREAS, AND
20 OTHER PROTECTED AREAS;
21 (g) AN ECONOMIC DEVELOPMENT ELEMENT THAT IDENTIFIES THE
22 TYPES OF COMMERCIAL AND INDUSTRIAL EMPLOYMENT OPPORTUNITIES,
23 TOURIST ACTIVITIES AND FACILITIES, AND OTHER ECONOMIC ACTIVITIES
24 THAT THE PLANNING JURISDICTION INTENDS TO ENCOURAGE AND
25 DISCOURAGE, INCLUDING THE LOCATION OF APPROPRIATE AREAS FOR THE
26 TYPES OF ACTIVITIES THAT THE PLANNING JURISDICTION INTENDS TO
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1 ENCOURAGE. THIS ELEMENT SHALL INCLUDE AN ANALYSIS OF THE
2 PLANNING JURISDICTION'S ECONOMIC PATTERNS, POTENTIALS, STRENGTHS,
3 AND DEFICIENCIES WITH RESPECT TO STATE AND NATIONAL TRENDS,
4 POLICIES CONCERNING ECONOMIC DEVELOPMENT OPPORTUNITIES IN THE
5 PLANNING JURISDICTION, IDENTIFICATION OF ADEQUATE SITES AVAILABLE
6 FOR INDUSTRIAL AND COMMERCIAL USES, AND A LIST OF THE COMPATIBLE
7 USES ON OR NEAR SITES ZONED FOR INDUSTRIAL AND COMMERCIAL USES;
8 (h) FOR EACH PLANNING COUNTY, A RURAL ELEMENT THAT
9 IDENTIFIES CRITERIA FOR LIMITING DEVELOPMENT OUTSIDE URBAN
10 SERVICE AREAS AND RURAL DEVELOPMENT AREAS TO MAINTAIN A
11 RESIDENTIAL DENSITY OF NOT MORE THAN ONE RESIDENTIAL UNIT FOR
12 EACH THIRTY-FIVE ACRES;
13 (i) A NATURAL HAZARDS ELEMENT THAT IDENTIFIES AREAS WHERE
14 STEEP SLOPES, GEOLOGICAL HAZARDS, ENDANGERED OR THREATENED
15 SPECIES, WETLANDS, FLOODPLAINS, FLOODWAYS, UNSTABLE SOILS, OR
16 WILDFIRE HAZARDS CREATE SIGNIFICANT CONSTRAINTS TO DEVELOPMENT
17 OR WHERE DEVELOPMENT WOULD CREATE SIGNIFICANT ADVERSE EFFECTS
18 TO THE ENVIRONMENT OR SIGNIFICANT COSTS TO LOCAL TAXPAYERS TO
19 MITIGATE SUCH ADVERSE EFFECTS;
20 (j) A WATER SUPPLY ELEMENT THAT IDENTIFIES THE REASONABLY
21 ANTICIPATED FUTURE WATER DEMANDS OF THE PLANNING JURISDICTION.
22 SUCH DEMAND SHALL BE BASED UPON THE INFORMATION THE PLANNING
23 JURISDICTION DEVELOPS PURSUANT TO PARAGRAPHS (a), (d), (h), (i), AND
24 (k) OF THIS SUBSECTION (6). THE WATER SUPPLY ELEMENT SHALL
25 IDENTIFY A LEGAL AND PHYSICAL WATER SUPPLY THAT IS SUFFICIENT TO
26 MEET THE IDENTIFIED DEMANDS.
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1 (k) A CAPITAL FACILITIES AND UTILITIES ELEMENT THAT INCLUDES
2 AN INVENTORY OF EXISTING CAPITAL FACILITIES AND UTILITIES OWNED BY
3 PUBLIC ENTITIES, INCLUDING THE LOCATION OF SUCH FACILITIES AND
4 UTILITIES. THIS ELEMENT SHALL ALSO INCLUDE A FORECAST OF THE
5 FUTURE NEEDS FOR CAPITAL FACILITIES AND UTILITIES, INCLUDING THE
6 PRIORITIES, ANTICIPATED COSTS, AND FUNDING PROPOSALS FOR SUCH
7 FACILITIES AND UTILITIES. SUCH FORECAST SHALL BE BASED ON THE
8 PLANNING JURISDICTION'S LAND USE ELEMENT. EACH PLANNING COUNTY
9 SHALL INCLUDE CRITERIA FOR SITING THE CAPITAL FACILITIES AND
10 UTILITIES NEEDED TO SERVE DESIGNATED URBAN SERVICE AREAS THAT ARE
11 LOCATED OUTSIDE OF PLANNING MUNICIPALITIES BUT WITHIN THE
12 PLANNING COUNTY.
13 (l) AN ESSENTIAL REGIONAL PUBLIC FACILITIES ELEMENT THAT
14 INCLUDES A PROCESS FOR IDENTIFYING AND SITING ESSENTIAL REGIONAL
15 PUBLIC FACILITIES. NO COMPREHENSIVE PLAN MAY PRECLUDE THE SITING
16 OF ESSENTIAL REGIONAL PUBLIC FACILITIES WITHIN THE PLANNING
17 JURISDICTION.
18 (7) A PLANNING JURISDICTION MAY INCLUDE ANY ADDITIONAL
19 ELEMENTS IN ITS COMPREHENSIVE PLAN THAT SUCH JURISDICTION DEEMS
20 DESIRABLE AND NECESSARY FOR A COMPLETE COMPREHENSIVE PLAN, SUCH
21 AS A COMMUNITY DESIGN ELEMENT, A RURAL DEVELOPMENT AREA THAT
22 COMPLIES WITH SECTION 24-65.1-606, OR A COMMUNITY FACILITIES
23 ELEMENT.
24 24-65.1-606. Urban service areas - rural development areas.
25 (1) EACH PLANNING JURISDICTION SHALL ADOPT AN URBAN SERVICE AREA
26 MAP THAT IDENTIFIES ITS URBAN SERVICE AREAS AND, IF THE PLANNING
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1 JURISDICTION IS A PLANNING COUNTY, ITS RURAL AREAS. IF A PLANNING
2 JURISDICTION ADOPTS A RURAL DEVELOPMENT AREA ELEMENT, THE
3 PLANNING JURISDICTION SHALL IDENTIFY ITS RURAL DEVELOPMENT AREAS
4 ON THE URBAN SERVICE AREA MAP.
5 (2) (a) EACH COMPREHENSIVE PLAN SHALL IDENTIFY AN URBAN
6 SERVICE AREA WITHIN WHICH URBAN GROWTH SHALL BE ACCOMMODATED
7 AND, EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (2),
8 OUTSIDE OF WHICH THE PLANNING JURISDICTION SHALL NOT ANNEX LAND
9 OR APPROVE OR PROVIDE INFRASTRUCTURE TO SUPPORT URBAN GROWTH.
10 IN IDENTIFYING ITS URBAN SERVICE AREA, EACH PLANNING JURISDICTION
11 SHALL REQUIRE THAT URBAN SERVICES BE PROVIDED:
12 (I) FIRST IN AREAS ALREADY CHARACTERIZED BY URBAN GROWTH
13 AND THAT HAVE ADEQUATE EXISTING PUBLIC FACILITY AND SERVICE
14 CAPACITIES TO SERVE SUCH GROWTH;
15 (II) IF THE AREAS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS
16 PARAGRAPH (a) CANNOT ACCOMMODATE THE IDENTIFIED URBAN SERVICES,
17 THEN IN AREAS THAT ARE ALREADY CHARACTERIZED BY URBAN GROWTH
18 AND THAT WILL BE SERVED ADEQUATELY BY A COMBINATION OF EXISTING
19 PUBLIC FACILITIES AND SERVICES AND ANY ADDITIONAL PUBLIC FACILITIES
20 AND SERVICES PROVIDED BY ANY PUBLIC AND PRIVATE SOURCES;
21 (III) IF THE AREAS IDENTIFIED IN SUBPARAGRAPHS (I) AND (II) OF
22 THIS PARAGRAPH (a) CANNOT ACCOMMODATE THE IDENTIFIED URBAN
23 SERVICES, THEN IN THE REMAINING PORTIONS OF ANY EXISTING URBAN
24 SERVICE AREAS.
25 (b) NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (2),
26 A PLANNING JURISDICTION MAY LOCATE URBAN SERVICES IN NEW, FULLY
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1 CONTAINED COMMUNITIES DESIGNATED PURSUANT TO SUBSECTIONS (6)
2 AND (7) OF THIS SECTION.
3 (3) EACH PLANNING JURISDICTION'S COMPREHENSIVE PLAN MAY
4 IDENTIFY CRITERIA FOR ALLOWING RURAL DEVELOPMENT AREAS. IF A
5 PLANNING JURISDICTION IDENTIFIES SUCH CRITERIA, THE CRITERIA SHALL
6 INCLUDE AT LEAST THE FOLLOWING:
7 (a) THE PROPOSED DEVELOPMENT SHALL HAVE A MAXIMUM
8 AVERAGE DENSITY OF FIVE ACRES PER RESIDENTIAL UNIT. CLUSTERING OF
9 RESIDENTIAL UNITS IN A DEVELOPMENT ON LESS THAN FIVE ACRES MAY BE
10 ENCOURAGED SO LONG AS THE AVERAGE DENSITY OF SUCH RESIDENTIAL
11 UNITS IS LIMITED TO ONE RESIDENTIAL UNIT PER FIVE ACRES.
12 (b) THE PROPOSED DEVELOPMENT IS ADJACENT TO, COMPATIBLE
13 WITH, AND SIMILAR IN DENSITY TO ADJOINING DEVELOPMENT AND LAND
14 USES. IN ADDITION, THE PROPOSED DEVELOPMENT SHALL BE COMPATIBLE
15 WITH THE LAND USES DESIGNATED FOR THE AREA IN THE PLANNING
16 JURISDICTION'S COMPREHENSIVE PLAN AND MAY NOT PROMOTE AREAS TO
17 BE CHARACTERIZED BY URBAN GROWTH.
18 (c) THE PROPOSED DEVELOPMENT HAS PROXIMATE ACCESS TO A
19 MAJOR ROADWAY, TRANSIT ROUTE STOP, OR TRANSFER POINT.
20 (d) THE PROPOSED DEVELOPMENT SHALL DISCOURAGE
21 DEVELOPMENT OF PRIME AGRICULTURAL LAND AND SHALL NOT ALLOW
22 DEVELOPMENT OF DESIGNATED OPEN SPACE, ENVIRONMENTALLY
23 SENSITIVE LANDS, OR CRITICAL WILDLIFE HABITAT.
24 (e) ANY COMMERCIAL USES OUTSIDE THE URBAN SERVICE AREA
25 ARE LIMITED TO SERVICE CENTERS FOR RURAL OR RECREATION AREAS AND
26 SUPPORTING USES, ARE NOT URBAN GROWTH, AND ARE DESIGNED TO
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1 PROVIDE CONVENIENT SERVICE TO ADJOINING AREAS.
2 (4) NOTHING IN THIS SECTION SHALL AFFECT A COUNTY'S
3 AUTHORITY TO ESTABLISH A CLUSTER DEVELOPMENT PURSUANT TO PART
4 4 OF ARTICLE 28 OF TITLE 30, C.R.S.
5 (5) EACH PLANNING COUNTY SHALL DESIGNATE ALL AREAS THAT
6 ARE NOT DESIGNATED AS EITHER URBAN SERVICE AREAS OR RURAL
7 DEVELOPMENT AREAS AS RURAL AREAS. RESIDENTIAL DENSITY SHALL NOT
8 EXCEED ONE RESIDENTIAL UNIT PER THIRTY-FIVE ACRES IN A RURAL AREA
9 UNLESS OTHERWISE ALLOWED BY THIS PART 6.
10 (6) A PLANNING COUNTY MAY ESTABLISH A PROCESS TO DESIGNATE
11 AN URBAN SERVICE AREA THAT DOES NOT MEET THE CRITERIA OF
12 SUBSECTION (2) OF THIS SECTION TO ALLOW FOR THE ESTABLISHMENT OF
13 A NEW, FULLY CONTAINED COMMUNITY IF:
14 (a) THE PLANNING FOR SUCH COMMUNITY COMPLIES WITH ALL
15 OTHER REQUIREMENTS OF THIS PART 6;
16 (b) ALL REQUIRED INFRASTRUCTURE IS PROVIDED WITHOUT
17 ADVERSE IMPACTS ON THE LEVELS OF SERVICES ENJOYED BY RESIDENTS
18 WITHIN ALL URBAN SERVICE AREAS IN THE PLANNING COUNTY;
19 (c) THE NEW, FULLY CONTAINED COMMUNITY WILL
20 ACCOMMODATE ADEQUATE HOUSING FOR THOSE WHO WILL WORK IN THE
21 COMMUNITY; AND
22 (d) ALL SIGNIFICANT ADVERSE IMPACTS OF THE DEVELOPMENT ON
23 THE NATURAL ENVIRONMENT HAVE BEEN IDENTIFIED AND MITIGATED OR
24 AVOIDED TO THE EXTENT PRACTICAL.
25 (7) A PLANNING COUNTY, AFTER CONSULTATION WITH THE
26 PLANNING MUNICIPALITIES WITHIN THE PLANNING COUNTY, MAY
Page 16
1 ESTABLISH A PROCESS FOR REVIEWING AND APPROVING THE SITING OF A
2 SPECIFIC MAJOR EMPLOYMENT FACILITY OR A REGIONAL PUBLIC FACILITY
3 OUTSIDE OF AN URBAN SERVICE AREA IF:
4 (a) THE PLANNING FOR THE FACILITY COMPLIES WITH ALL OTHER
5 REQUIREMENTS OF THIS PART 6;
6 (b) ALL INFRASTRUCTURE REQUIRED FOR THE FACILITY IS
7 PROVIDED WITHOUT ADVERSE IMPACTS ON THE LEVELS OF SERVICES
8 ENJOYED BY RESIDENTS OF THE PLANNING COUNTY;
9 (c) ALL ADVERSE ENVIRONMENTAL IMPACTS OF THE FACILITY
10 HAVE BEEN IDENTIFIED AND MITIGATED OR AVOIDED TO THE EXTENT
11 POSSIBLE; AND
12 (d) THE GOVERNMENTAL REVENUE THAT THE FACILITY GENERATES
13 WILL BE SHARED PROPORTIONATELY WITH ANY OTHER COUNTIES OR
14 MUNICIPALITIES THAT WILL EXPERIENCE INCREASED COMMUTING TRAFFIC
15 OR RESIDENTIAL DEVELOPMENT AS A RESULT OF THE LOCATION OF THE
16 FACILITY OUTSIDE OF AN URBAN SERVICE AREA.
17 (8) NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, IF A
18 PLANNING JURISDICTION HAS IDENTIFIED AN URBAN SERVICE AREA
19 THROUGH A METROPOLITAN PLANNING ORGANIZATION, A REGIONAL
20 PLANNING COMMISSION, OR A VOLUNTARY INTERGOVERNMENTAL
21 AGREEMENT AND SUCH URBAN SERVICE AREA WAS IDENTIFIED AFTER JUNE
22 30, 1995, THE PLANNING JURISDICTION SHALL DESIGNATE SUCH URBAN
23 SERVICE AREA AS ITS URBAN SERVICE AREA FOR PURPOSES OF THIS
24 SECTION. AN URBAN SERVICE AREA DESIGNATED PURSUANT TO THIS
25 SUBSECTION (8) MAY BE AMENDED THROUGH A PROCESS CONDUCTED BY
26 THE SAME METROPOLITAN PLANNING ORGANIZATION, REGIONAL PLANNING
Page 17
1 COMMISSION, OR VOLUNTARY INTERGOVERNMENTAL AGREEMENT OR MAY
2 BE AMENDED AS PROVIDED IN SECTION 24-65.1-610. IN NO EVENT SHALL
3 AN URBAN SERVICE AREA BOUNDARY BE AMENDED MORE OFTEN THAN
4 ONCE EVERY FIVE YEARS.
5 (9) NOTWITHSTANDING THE REQUIREMENTS OF THIS PART 6, A
6 PLANNING JURISDICTION MAY ALLOW URBAN GROWTH IN A RURAL AREA OR
7 RURAL DEVELOPMENT AREA SO LONG AS SUCH GROWTH IS DIRECTLY
8 RELATED TO AN AGRICULTURAL ENTERPRISE.
9 24-65.1-607. Authority to establish transferable development
10 credit program - definition. (1) FOR PURPOSES OF THIS SECTION,
11 "TRANSFERABLE DEVELOPMENT CREDIT PROGRAM" AND "TRANSFERABLE
12 DEVELOPMENT RIGHT PROGRAM" MEAN A SYSTEM OF TRANSFERRING THE
13 FUTURE RIGHT TO DEVELOP LAND FOR RESIDENTIAL, COMMERCIAL, OR
14 INDUSTRIAL PURPOSES FROM ONE PARCEL TO ANOTHER PARCEL IN A
15 DIFFERENT OWNERSHIP THROUGH PRIVATE MARKET TRANSACTIONS.
16 (2) THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY MAY
17 ESTABLISH A TRANSFERABLE DEVELOPMENT CREDIT PROGRAM OR A
18 TRANSFERABLE DEVELOPMENT RIGHT PROGRAM.
19 24-65.1-608. Coordination and consistency - comprehensive
20 plans - conflict resolution procedures - public participation. (1) EACH
21 COMPREHENSIVE PLAN AND URBAN SERVICE AREA SHALL BE INTERNALLY
22 CONSISTENT. IN ADDITION, EACH PLANNING JURISDICTION'S
23 COMPREHENSIVE PLAN AND URBAN SERVICE AREAS SHALL MEET THE
24 FOLLOWING, IF APPLICABLE:
25 (a) THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
26 ADOPTED BY A PLANNING COUNTY SHALL BE COORDINATED AND
Page 18
1 CONSISTENT WITH THE COMPREHENSIVE PLANS AND URBAN SERVICE AREAS
2 OF ALL OF THE PLANNING MUNICIPALITIES WITHIN THE BOUNDARIES OF
3 SUCH PLANNING COUNTY.
4 (b) THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
5 ADOPTED BY A PLANNING MUNICIPALITY SHALL BE COORDINATED AND
6 CONSISTENT WITH THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
7 ADOPTED BY THE PLANNING COUNTY WITHIN WHICH THE PLANNING
8 MUNICIPALITY IS LOCATED.
9 (c) THE COMPREHENSIVE PLAN AND URBAN SERVICE AREAS
10 ADOPTED BY EACH PLANNING JURISDICTION SHALL BE COORDINATED AND
11 CONSISTENT WITH THE COMPREHENSIVE PLANS OF ALL PLANNING
12 JURISDICTIONS THAT HAVE A COMMON BORDER WITH THE PLANNING
13 JURISDICTION'S URBAN SERVICE AREA.
14 (2) EACH PLANNING JURISDICTION SHALL ESTABLISH AND BROADLY
15 DISSEMINATE TO THE PUBLIC A PUBLIC PARTICIPATION PROGRAM THAT
16 IDENTIFIES PROCEDURES FOR EARLY AND CONTINUOUS PUBLIC
17 PARTICIPATION IN THE DEVELOPMENT AND AMENDMENT OF
18 COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS AND PROGRAMS
19 PREPARED PURSUANT TO THIS PART 6. AT A MINIMUM, SUCH PROCESS
20 SHALL PROVIDE FOR PUBLIC PARTICIPATION IN THE PREPARATION AND
21 ADOPTION OF THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN, ANY
22 AMENDMENT THERETO, AND DEVELOPMENT REGULATIONS AND PROGRAMS.
23 EACH PLANNING JURISDICTION SHALL PROVIDE A REASONABLE
24 OPPORTUNITY FOR PUBLIC COMMENT, INCLUDING PUBLIC MEETINGS AND
25 PUBLIC HEARINGS BEFORE THE GOVERNING BODY OF THE PLANNING
26 JURISDICTION, PRIOR TO THE ADOPTION OF THE PLANNING JURISDICTION'S
Page 19
1 COMPREHENSIVE PLAN, ANY AMENDMENT THERETO, OR DEVELOPMENT
2 REGULATIONS AND PROGRAMS.
3 24-65.1-609. Implementation. (1) EACH PLANNING JURISDICTION
4 SHALL PERFORM ITS ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE
5 ADOPTION OF DEVELOPMENT REGULATIONS AND PROGRAMS, THE REVIEW
6 OF INDIVIDUAL DEVELOPMENT APPLICATIONS, THE ADOPTION OF CAPITAL
7 IMPROVEMENT BUDGETS, THE REVIEW, APPROVAL, AND OVERSIGHT OF
8 SPECIAL DISTRICTS, AND THE CREATION AND OPERATION OF OTHER
9 PROGRAMS, IN CONFORMANCE WITH ITS ADOPTED COMPREHENSIVE PLAN.
10 (2) DEVELOPMENT REGULATIONS AND PROGRAMS ADOPTED BY A
11 PLANNING JURISDICTION SHALL REQUIRE THAT EACH APPROVAL, APPROVAL
12 WITH CONDITIONS, OR DENIAL OF A DEVELOPMENT APPLICATION BE
13 CONSISTENT WITH THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN
14 ADOPTED PURSUANT TO THIS PART 6.
15 (3) IN PREPARING ITS DEVELOPMENT REGULATIONS AND
16 PROGRAMS, EACH PLANNING JURISDICTION SHALL ENSURE PROTECTION OF
17 DEVELOPMENT RIGHTS THAT HAVE BEEN VESTED BY LAW PRIOR TO THE
18 EFFECTIVE DATE OF ITS DEVELOPMENT REGULATIONS AND PROGRAMS. IN
19 ADDITION, EACH PLANNING JURISDICTION SHALL ADDRESS WHETHER
20 EXISTING USES, EXISTING ZONING DESIGNATIONS OR OTHER LAND USE
21 REGULATIONS THAT DO NOT CONSTITUTE VESTED RIGHTS SHALL BE
22 ALLOWED TO CONTINUE.
23 24-65.1-610. Amendments - comprehensive plans. (1) A
24 PLANNING JURISDICTION MAY AMEND ITS COMPREHENSIVE PLAN NO MORE
25 THAN ONCE PER YEAR AND ITS URBAN SERVICE AREA NOT MORE THAN
26 ONCE EVERY FIVE YEARS. ANY SUCH AMENDMENTS SHALL COMPLY WITH
Page 20
1 THIS PART 6.
2 (2) EACH JURISDICTION SHALL REVIEW ITS COMPREHENSIVE PLAN
3 AS NEEDED, BUT IN NO EVENT LESS THAN ONCE EVERY FIVE YEARS.
4 (3) IN THE EVENT OF A DISPUTE AMONG PLANNING JURISDICTIONS
5 REGARDING A PROPOSED AMENDMENT TO A COMPREHENSIVE PLAN, ANY
6 PLANNING JURISDICTION INVOLVED IN THE DISPUTE MAY SUBMIT A
7 PETITION FOR DISPUTE RESOLUTION PURSUANT TO SECTION 24-65.1-615.
8 24-65.1-611. Compliance required. (1) EACH STATE AGENCY
9 SHALL COORDINATE ITS PLANNING AND SHALL COMPLY WITH THE
10 COMPREHENSIVE PLANS ADOPTED PURSUANT TO THIS PART 6 UNLESS THE
11 STATUTE AUTHORIZING THE STATE ACTIVITY EXPLICITLY EXEMPTS SUCH
12 ACTIVITY FROM COMPLIANCE WITH THIS PART 6. THIS REQUIREMENT OF
13 COORDINATION AND COMPLIANCE SHALL NOT BE CONSTRUED TO REQUIRE
14 THE CONSTRUCTION OF ANY SPECIFIC ITEM OF INFRASTRUCTURE OR THE
15 PROVISION OF ANY SPECIFIC SERVICES FOR WHICH THE GENERAL ASSEMBLY
16 HAS NOT MADE AN APPROPRIATION OF MONEYS.
17 (2) ANY PUBLIC ENTITY THAT OWNS OR OPERATES AN ESSENTIAL
18 REGIONAL PUBLIC FACILITY SHALL COMPLY WITH THE COMPREHENSIVE
19 PLANS ADOPTED PURSUANT TO THIS PART 6 UNLESS OPERATION OF SUCH
20 FACILITY IS EXPLICITLY EXEMPTED FROM SUCH COMPLIANCE BY STATE
21 LAW.
22 (3) ALL SCHOOL DISTRICTS, SPECIAL DISTRICTS, AND ALL OTHER
23 DISTRICTS, INCLUDING BUT NOT LIMITED TO ALL COUNTY PUBLIC
24 IMPROVEMENT DISTRICTS ESTABLISHED UNDER PART 5 OF ARTICLE 20 OF
25 TITLE 30, C.R.S., BUSINESS IMPROVEMENT DISTRICTS ESTABLISHED UNDER
26 PART 12 OF ARTICLE 25 OF TITLE 31, C.R.S., LOCAL IMPROVEMENT
Page 21
1 DISTRICTS ESTABLISHED UNDER PART 6 OF ARTICLE 20 OF TITLE 30, C.R.S.,
2 THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED UNDER ARTICLE
3 9 OF TITLE 32, C.R.S., URBAN DRAINAGE AND FLOOD CONTROL DISTRICTS
4 ESTABLISHED UNDER PART 2 OF ARTICLE 11 OF TITLE 32, C.R.S., OR ANY
5 OTHER PROVISION OF STATE LAW, SHALL CONSTRUCT FACILITIES AND
6 PROVIDE, PHASE IN, OR EXTEND SERVICES CONSISTENT WITH THE ADOPTED
7 COMPREHENSIVE PLAN OF THE PLANNING JURISDICTION WITHIN WHICH
8 SUCH SERVICES ARE PROVIDED OR FACILITIES ARE LOCATED UNLESS A
9 STATUTE OR LOCAL LAW EXPLICITLY EXEMPTS SUCH ACTIVITY FROM
10 COMPLIANCE WITH THIS PART 6.
11 (4) ANY MUNICIPALITY THAT OWNS PROPERTY OR PROVIDES
12 SERVICES OUTSIDE ITS JURISDICTIONAL BOUNDARIES SHALL CONSTRUCT
13 FACILITIES AND PROVIDE, PHASE IN, OR EXTEND SERVICES IN A MANNER
14 CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN OF THE PLANNING
15 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED OR SERVICES ARE
16 PROVIDED UNLESS A STATUTE OR LOCAL LAW EXPLICITLY EXEMPTS SUCH
17 ACTIVITY FROM COMPLIANCE WITH THIS PART 6.
18 24-65.1-612. Project review. (1) EACH PLANNING JURISDICTION
19 SHALL ESTABLISH A PROCESS TO ENSURE THAT COMPLETED APPLICATIONS
20 FOR DEVELOPMENT APPROVAL ARE APPROVED, APPROVED WITH
21 CONDITIONS, OR DISAPPROVED WITHIN NINETY DAYS AFTER THE DATE
22 SUCH COMPLETED APPLICATIONS ARE FILED EXCEPT AS PROVIDED IN
23 SUBSECTION (2) OF THIS SECTION. A PLANNING JURISDICTION MAY
24 APPROVE AN APPLICATION FOR DEVELOPMENT APPROVAL IF THE PROJECT
25 IS WITHIN AN URBAN SERVICE AREA AND IS CONSISTENT WITH THE
26 PLANNING JURISDICTION'S COMPREHENSIVE PLAN AND ADOPTED
Page 22
1 DEVELOPMENT REGULATIONS AND PROGRAMS.
2 (2) THE PLANNING JURISDICTION'S PROCESS SHALL REQUIRE THAT
3 THE DEADLINE FOR APPROVING, APPROVING WITH CONDITIONS, OR
4 DISAPPROVING COMPLETED APPLICATIONS MAY BE EXTENDED ONLY WITH
5 THE CONSENT OF THE APPLICANT FOR THE DEVELOPMENT APPROVAL. IF
6 THE PLANNING JURISDICTION FAILS TO ACT ON THE APPLICATION WITHIN
7 THE NINETY-DAY PERIOD, THE APPLICATION FOR DEVELOPMENT APPROVAL
8 SHALL BE DEEMED APPROVED UNLESS THE APPLICANT HAS CONSENTED TO
9 AN EXTENSION OF TIME.
10 (3) IF A PROPOSED DEVELOPMENT REQUIRES NEW INFRASTRUCTURE
11 OR PUBLIC FACILITIES AND SERVICES AND THE PLANNING JURISDICTION
12 APPROVES SUCH DEVELOPMENT OR APPROVES SUCH DEVELOPMENT WITH
13 CONDITIONS, THE PLANNING JURISDICTION'S DECISION SHALL INCLUDE
14 EITHER A COMMITMENT BY THE PLANNING JURISDICTION TO PROVIDE SUCH
15 INFRASTRUCTURE OR PUBLIC FACILITIES AND SERVICES OR A REQUIREMENT
16 THAT THE APPLICANT PROVIDE SUCH INFRASTRUCTURE OR FACILITIES AND
17 SERVICES IN CONFORMANCE WITH THIS PART 6 AND THE PROCEDURES AND
18 CONDITIONS ESTABLISHED BY THE PLANNING JURISDICTION.
19 (4) DURING PROJECT REVIEW, THE PLANNING JURISDICTION MAY
20 ATTACH CONDITIONS TO A DEVELOPMENT APPROVAL ONLY TO THE EXTENT
21 NECESSARY TO BRING SUCH PROPOSED DEVELOPMENT INTO CONFORMITY
22 WITH THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN OR
23 DEVELOPMENT REGULATIONS AND PROGRAMS. THE PLANNING
24 JURISDICTION SHALL NOT IMPOSE ADDITIONAL RESTRICTIONS UPON THOSE
25 PORTIONS OF THE PROPOSED DEVELOPMENT THAT ARE CONSISTENT WITH
26 THE PLANNING JURISDICTION'S ADOPTED COMPREHENSIVE PLAN AND
Page 23
1 DEVELOPMENT REGULATIONS AND PROGRAMS.
2 24-65.1-613. Administration and funding. (1) WITHIN THIRTY
3 DAYS AFTER THE DATE OF FINAL ADOPTION, EACH PLANNING JURISDICTION
4 SHALL FILE A COMPLETE AND ACCURATE COPY OF ITS COMPREHENSIVE
5 PLAN WITH THE DEPARTMENT AND WITH EACH PLANNING JURISDICTION
6 WITH WHICH IT SHARES A BORDER OR WITHIN WHICH IT IS PARTIALLY OR
7 COMPLETELY LOCATED. ANY AMENDMENT TO A COMPREHENSIVE PLAN
8 SHALL BE FILED IN THE SAME MANNER AS THE INITIAL COMPREHENSIVE
9 PLANS. EACH PLANNING COUNTY SHALL MAKE THE FOLLOWING
10 AVAILABLE FOR PUBLIC REVIEW DURING ORDINARY BUSINESS HOURS:
11 (a) A COPY OF THE PLANNING COUNTY'S ADOPTED COMPREHENSIVE
12 PLAN;
13 (b) A COPY OF THE ADOPTED COMPREHENSIVE PLAN OF EACH
14 PLANNING MUNICIPALITY WITHIN THE PLANNING COUNTY; AND
15 (c) A COPY OF THE ADOPTED COMPREHENSIVE PLAN OF EACH
16 ADJACENT COUNTY IF SUCH ADJACENT COUNTY IS A PLANNING COUNTY.
17 (2) THE DEPARTMENT SHALL MAKE COPIES OF THE ADOPTED
18 COMPREHENSIVE PLAN OF EACH PLANNING JURISDICTION AVAILABLE FOR
19 PUBLIC REVIEW DURING ORDINARY BUSINESS HOURS.
20 (3) THE DEPARTMENT MAY ESTABLISH A PROGRAM OF TECHNICAL
21 ASSISTANCE AND GRANTS TO PLANNING JURISDICTIONS TO FACILITATE THE
22 ADOPTION AND IMPLEMENTATION OF COMPREHENSIVE PLANS AND
23 DEVELOPMENT REGULATIONS AND PROGRAMS THROUGHOUT THE STATE.
24 24-65.1-614. Comprehensive planning program fund. THE
25 COMPREHENSIVE PLANNING PROGRAM FUND IS HEREBY CREATED IN THE
26 STATE TREASURY. THE COMPREHENSIVE PLANNING PROGRAM FUND SHALL
Page 24
1 CONSIST OF ALL MONEYS THAT MAY BE TRANSFERRED OR APPROPRIATED
2 THERETO BY THE GENERAL ASSEMBLY OR THAT MAY OTHERWISE BE MADE
3 AVAILABLE TO THE FUND PURSUANT TO LAW. ALL INTEREST OR OTHER
4 RETURN ON THE INVESTMENT OF MONEYS IN THE COMPREHENSIVE
5 PLANNING PROGRAM FUND AND ALL OTHER REPAYMENTS OF FINANCIAL
6 ASSISTANCE PROVIDED FROM THE FUND PURSUANT TO THIS PART 6 SHALL
7 BE CREDITED TO THE COMPREHENSIVE PLANNING PROGRAM FUND.
8 MONEYS IN THE FUND ARE SUBJECT TO APPROPRIATION BY THE GENERAL
9 ASSEMBLY AND SHALL BE USED ONLY FOR THE PURPOSES SET FORTH IN
10 THIS PART 6. ANY MONEYS CREDITED TO THE COMPREHENSIVE PLANNING
11 PROGRAM FUND SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO
12 THE GENERAL FUND AT THE END OF ANY GIVEN FISCAL YEAR.
13 24-65.1-615. Dispute resolution process. (1) THE DEPARTMENT
14 SHALL MAINTAIN A LIST OF MEDIATORS WHO ARE AVAILABLE TO ASSIST IN
15 RESOLVING DISPUTES ARISING UNDER THIS PART 6. THE LIST OF
16 MEDIATORS SHALL INCLUDE ONLY THOSE PERSONS THE DEPARTMENT
17 DETERMINES HAVE PROFESSIONAL EXPERTISE AND SKILLS IN MEDIATION,
18 LAND USE, PLANNING, ZONING, REAL ESTATE, PUBLIC ADMINISTRATION, OR
19 RELATED DISCIPLINES.
20 (2) ANY PERSON WHO IS AGGRIEVED BY A PLANNING
21 JURISDICTION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
22 PART 6 MAY FILE A PETITION WITH THE DEPARTMENT ALLEGING THAT THE
23 PLANNING JURISDICTION HAS:
24 (a) FAILED TO ADOPT A COMPREHENSIVE PLAN, AN AMENDMENT
25 THERETO, OR AN URBAN SERVICE AREA AS REQUIRED BY THIS PART 6;
26 (b) ADOPTED A COMPREHENSIVE PLAN, AN AMENDMENT THERETO,
Page 25
1 OR AN URBAN SERVICE AREA THAT IS IN CONFLICT WITH OR IS
2 INCONSISTENT WITH THE COMPREHENSIVE PLAN ADOPTED BY ANOTHER
3 PLANNING JURISDICTION THAT IS AFFECTED BY THE COMPREHENSIVE PLAN
4 OR URBAN SERVICE AREA;
5 (c) ADOPTED A COMPREHENSIVE PLAN, AN AMENDMENT THERETO,
6 OR AN URBAN SERVICE AREA THAT IS NOT IN COMPLIANCE WITH THE
7 REQUIREMENTS OF THIS PART 6;
8 (d) FAILED TO UPDATE OR AMEND ITS COMPREHENSIVE PLAN OR
9 URBAN SERVICE AREA IN ACCORDANCE WITH THE TIMETABLES SET FORTH
10 IN SECTION 24-65.1-605; OR
11 (e) ADOPTED DEVELOPMENT REGULATIONS AND PROGRAMS THAT
12 ARE IN CONFLICT WITH THE PLANNING JURISDICTION'S ADOPTED
13 COMPREHENSIVE PLAN.
14 (3) FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED
15 TO BE AGGRIEVED IF:
16 (a) THE PERSON IS AN ADJACENT PLANNING JURISDICTION; OR
17 (b) THE PERSON HAS PARTICIPATED ORALLY OR IN WRITING IN
18 PROCEEDINGS BEFORE THE PLANNING JURISDICTION CONCERNING THE
19 ADOPTION OF THE COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS
20 AND PROGRAMS AT ISSUE OR HAS ATTEMPTED TO SO PARTICIPATE AND THE
21 PERSON OWNS OR RENTS REAL PROPERTY, HAS A CONTRACT FOR THE
22 PURCHASE OF REAL PROPERTY, OR IS REGISTERED TO VOTE IN THE
23 PLANNING JURISDICTION OR IN A COUNTY OR MUNICIPALITY THAT IS
24 ADJACENT TO SUCH PLANNING JURISDICTION.
25 (4) AGGRIEVED PERSONS SHALL FILE PETITIONS WITH THE
26 DEPARTMENT WITHIN SIXTY DAYS AFTER THE PLANNING JURISDICTION
Page 26
1 ADOPTS OR AMENDS ITS COMPREHENSIVE PLAN OR DEVELOPMENT
2 REGULATIONS AND PROGRAMS OR, IF THE PLANNING JURISDICTION FAILS
3 TO ADOPT A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS AND
4 PROGRAMS BY THE DATE SET FORTH IN SECTION 24-65.1-605, WITHIN
5 SIXTY DAYS AFTER SUCH DATE.
6 (5) IF THE DEPARTMENT RECEIVES MORE THAN ONE PETITION
7 INVOLVING THE SAME URBAN SERVICE AREA, THE SAME COMPREHENSIVE
8 PLAN, THE SAME AMENDMENT TO A COMPREHENSIVE PLAN, OR THE SAME
9 DISPUTE, THE DEPARTMENT SHALL CONSOLIDATE ALL SUCH PETITIONS INTO
10 ONE PROCEEDING FOR PURPOSES OF THIS SECTION. THE DEPARTMENT
11 SHALL NOTIFY ALL PARTIES TO THE DISPUTE THAT THEY HAVE THE OPTION
12 TO SELECT THREE PERSONS TO ACT AS A DISPUTE HEARINGS PANEL IN
13 ACCORDANCE WITH SUBSECTION (6) OF THIS SECTION. IF THE PARTIES
14 HAVE NOT NOTIFIED THE DEPARTMENT OF THEIR VOLUNTARY SELECTION
15 OF A DISPUTE HEARINGS PANEL WITHIN THIRTY DAYS AFTER THE DATE OF
16 THE DEPARTMENT'S NOTICE, THE DEPARTMENT SHALL APPOINT THREE
17 MEDIATORS TO SERVE AS THE DISPUTE HEARINGS PANEL IN ACCORDANCE
18 WITH SUBSECTION (7) OF THIS SECTION.
19 (6) EACH DISPUTE HEARINGS PANEL SHALL CONSIST OF THREE
20 MEMBERS. REGARDLESS OF THE MANNER OF SELECTION OF THE PANEL, AT
21 LEAST ONE MEMBER OF EACH PANEL SHALL BE ADMITTED TO PRACTICE
22 LAW IN COLORADO, AND AT LEAST ONE MEMBER SHALL HAVE EXPERIENCE
23 IN LAND USE PLANNING. IN ADDITION, THE MEMBERS OF EACH DISPUTE
24 HEARINGS PANEL SHALL BE SELECTED SO THAT AT THE TIME OF THEIR
25 APPOINTMENT AND DURING THEIR TERMS:
26 (a) NO MORE THAN TWO MEMBERS SHALL BE MEMBERS OF THE
Page 27
1 SAME POLITICAL PARTY; AND
2 (b) NO TWO MEMBERS SHALL RESIDE IN THE SAME COUNTY.
3 (7) IF APPOINTED BY THE DEPARTMENT, THE MEMBERS OF EACH
4 DISPUTE HEARINGS PANEL SHALL BE SELECTED FROM THE LIST OF
5 MEDIATORS MAINTAINED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
6 (8) THE DEPARTMENT SHALL ESTABLISH BY RULE THE PROCEDURES
7 FOR PROCEEDINGS BEFORE THE DISPUTE HEARINGS PANEL. DISPUTE
8 HEARINGS PANEL MEMBERS MAY BE COMPENSATED AS PROVIDED IN THE
9 DEPARTMENT'S RULES.
10 (9) THE DEPARTMENT SHALL ALLOCATE THE COSTS OF THE DISPUTE
11 HEARINGS PANEL AMONG THE PARTIES TO THE DISPUTE.
12 (10) THE DISPUTE HEARINGS PANEL SHALL MAKE A FINAL DECISION
13 WITHIN NINETY DAYS AFTER RECEIPT OF THE PETITION OR RECEIPT OF THE
14 LAST PETITION THAT IS CONSOLIDATED, WHICHEVER IS LATER. THE
15 DISPUTE HEARINGS PANEL SHALL MAKE FINDINGS OF FACT BASED UPON
16 SUBSTANTIAL EVIDENCE IN THE RECORD AND SHALL PREPARE A WRITTEN
17 DECISION. AT LEAST A MAJORITY OF THE DISPUTE HEARINGS PANEL
18 MEMBERS SHALL SIGN THE PANEL'S FINDINGS AND DECISION. THE PANEL'S
19 FINDINGS AND DECISION SHALL BE FINAL UPON FILING WITH THE
20 DEPARTMENT. THE DEPARTMENT SHALL MAKE A COPY OF THE DISPUTE
21 HEARINGS PANEL'S FINAL DECISION AND FINDINGS AVAILABLE FOR PUBLIC
22 INSPECTION.
23 (11) IN DECIDING DISPUTES BASED UPON THE GROUNDS SET FORTH
24 IN PARAGRAPH (a) OR (d) OF SUBSECTION (2) OF THIS SECTION, THE
25 DISPUTE HEARINGS PANEL SHALL FIND EITHER THAT THE PLANNING
26 JURISDICTION ADOPTED A COMPREHENSIVE PLAN, AN AMENDMENT
Page 28
1 THERETO, OR AN URBAN SERVICE AREA AS REQUIRED BY THIS PART 6 OR
2 THAT THE PLANNING JURISDICTION FAILED TO ADOPT OR MEET THE
3 TIMETABLE FOR THE ADOPTION, IN WHOLE OR IN PART, OF THE APPLICABLE
4 COMPREHENSIVE PLAN, AMENDMENT THERETO, OR URBAN SERVICE AREA,
5 IF ANY, AS REQUIRED BY THIS PART 6. IF THE DISPUTE HEARINGS PANEL
6 FINDS THAT THE APPLICABLE COMPREHENSIVE PLAN, AMENDMENT
7 THERETO, OR URBAN SERVICE AREA FAILS TO MEET THE REQUIREMENTS OF
8 THIS PART 6 IN WHOLE OR IN PART, THE PANEL'S DECISION SHALL SPECIFY
9 THE PARTICULAR PART OF THE PLAN, AMENDMENT THERETO, OR URBAN
10 SERVICE AREA THAT DOES NOT MEET THE REQUIREMENTS OF THIS PART 6
11 AND SHALL REMAND THE COMPREHENSIVE PLAN, AMENDMENT THERETO,
12 OR URBAN SERVICE AREA TO THE PLANNING JURISDICTION. THE PANEL'S
13 DECISION SHALL SPECIFY A REASONABLE TIME WITHIN WHICH THE
14 PLANNING JURISDICTION SHALL CORRECT THE DEFICIENCIES, BUT SUCH
15 TIME SHALL NOT EXCEED ONE HUNDRED EIGHTY DAYS. THE PANEL'S
16 DECISION SHALL PROVIDE SPECIFIC GUIDANCE TO THE PLANNING
17 JURISDICTION TO CONSIDER IN CORRECTING THE IDENTIFIED DEFICIENCIES.
18 (12) (a) IN DECIDING DISPUTES BASED UPON THE GROUNDS SET
19 FORTH IN PARAGRAPH (b), (c), OR (e) OF SUBSECTION (2) OF THIS SECTION,
20 THE DISPUTE HEARINGS PANEL SHALL FIND EITHER THAT:
21 (I) THE APPLICABLE COMPREHENSIVE PLAN, AMENDMENT THERETO,
22 OR URBAN SERVICE AREA IS CONSISTENT WITH OR DOES NOT CONFLICT
23 WITH THE COMPREHENSIVE PLAN ADOPTED BY ANOTHER PLANNING
24 JURISDICTION; THAT THE COMPREHENSIVE PLAN, AMENDMENT THERETO,
25 OR URBAN SERVICE AREA COMPLIES WITH THE REQUIREMENTS OF THIS
26 PART 6; OR THE DEVELOPMENT REGULATIONS AND PROGRAMS DO NOT
Page 29
1 CONFLICT WITH THE PLANNING JURISDICTION'S ADOPTED COMPREHENSIVE
2 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
8 THIS PART 6; OR THE DEVELOPMENT REGULATIONS AND PROGRAMS
9 CONFLICT WITH THE PLANNING JURISDICTION'S ADOPTED COMPREHENSIVE
10 PLAN.
11 (b) IF THE DISPUTE HEARINGS PANEL FINDS A CONFLICT,
12 INCONSISTENCY, OR FAILURE TO MEET THE REQUIREMENTS OF THIS PART
13 6 IN THE PLANNING JURISDICTION'S COMPREHENSIVE PLAN, AMENDMENT
14 THERETO, URBAN SERVICE AREA, OR DEVELOPMENT REGULATIONS AND
15 PROGRAMS, THE PANEL'S DECISION SHALL DIRECT THAT THE
16 COMPREHENSIVE PLAN, AMENDMENT THERETO, URBAN SERVICE AREA, OR
17 DEVELOPMENT REGULATIONS AND PROGRAMS BE AMENDED IN A MANNER
18 CONSISTENT WITH THIS PART 6 AND SHALL PROVIDE SPECIFIC GUIDANCE TO
19 THE PLANNING JURISDICTION FOR ANY NECESSARY AMENDMENTS TO
20 ELIMINATE THE INCONSISTENCY, CONFLICT, OR NONCONFORMITY. THE
21 DISPUTE HEARINGS PANEL SHALL REMAND THE COMPREHENSIVE PLAN TO
22 THE PLANNING JURISDICTION AND SHALL SPECIFY A REASONABLE TIME
23 WITHIN WHICH THE PLANNING JURISDICTION SHALL CORRECT THE
24 CONFLICTS OR DEFICIENCIES, BUT THE TIME SHALL NOT EXCEED ONE
25 HUNDRED EIGHTY DAYS.
26 (13) THE DISPUTE HEARINGS PANEL'S WRITTEN DECISIONS MAY BE
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1 CITED AS PRECEDENTIAL AUTHORITY IN THE COURTS OF THE STATE ONLY
2 IF SUCH DECISION HAS BEEN UPHELD BY A DISTRICT COURT OF THIS STATE.
3 WRITTEN DECISIONS THAT HAVE NOT BEEN UPHELD BY A DISTRICT COURT
4 SHALL HAVE NO PRECEDENTIAL EFFECT EXCEPT IN APPEALS OR
5 SUBSEQUENT PROCEEDINGS ARISING FROM THE SAME MATERIAL FACTS.
6 (14) THE DISPUTE HEARINGS PANEL'S FINDINGS OF CONFLICT,
7 INCONSISTENCY, OR NONCONFORMITY SHALL NOT AFFECT THE VALIDITY
8 OF THOSE PORTIONS OF THE APPLICABLE COMPREHENSIVE PLAN,
9 AMENDMENT THERETO, URBAN SERVICE AREA, OR DEVELOPMENT
10 REGULATIONS AND PROGRAMS THAT ARE NOT SPECIFICALLY CITED IN THE
11 PANEL'S DECISION.
12 (15) CHALLENGES TO THE ISSUANCE OR FAILURE TO ISSUE A
13 PROJECT PERMIT OR DEVELOPMENT APPROVAL ARE NOT SUBJECT TO
14 REVIEW UNDER THIS SECTION.
15 24-65.1-616. Appeals - standing - standard of review. (1) ANY
16 PARTY WHO HAS APPEARED BEFORE THE DISPUTE HEARINGS PANEL AND
17 WHO IS AGGRIEVED BY A FINAL DECISION OF THE PANEL MAY APPEAL THE
18 DECISION TO THE DISTRICT COURT OF THE COUNTY IN WHICH THE
19 PLANNING JURISDICTION IS LOCATED. ANY APPEAL SHALL BE FILED WITHIN
20 THIRTY DAYS AFTER THE DATE OF THE FINAL DECISION OF THE DISPUTE
21 HEARINGS PANEL.
22 (2) IN REVIEWING A DISPUTE HEARINGS PANEL'S DECISION, THE
23 DISTRICT COURT SHALL REVIEW QUESTIONS OF LAW DE NOVO AND SHALL
24 REVIEW FINDINGS OF FACT IN ACCORDANCE WITH THE STANDARD OF
25 REVIEW SET FORTH IN RULE 106 OF THE COLORADO RULES OF CIVIL
26 PROCEDURE.
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1 (3) THIS SECTION SHALL NOT APPLY TO THE SERVICES OR
2 FACILITIES PROVIDED BY A PUBLIC UTILITY AS DEFINED IN SECTION
3 40-1-103, C.R.S.
4 24-65.1-617. Effect of nonparticipation in the Colorado
5 comprehensive planning program. IF A PLANNING JURISDICTION FAILS
6 TO ADOPT A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS AND
7 PROGRAMS WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DEADLINE FOR
8 ADOPTION OF A COMPREHENSIVE PLAN OR DEVELOPMENT REGULATIONS
9 AND PROGRAMS SET FORTH IN SECTION 24-65.1-605 AND NO PETITION
10 REGARDING THE MATTER HAS BEEN FILED PURSUANT TO SECTION
11 24-65.1-615 (2) OR IF A PLANNING JURISDICTION FAILS TO COMPLY WITH
12 A DISPUTE HEARINGS PANEL'S DECISION ISSUED PURSUANT TO SECTION
13 24-65.1-615 WITHIN FORTY-FIVE DAYS AFTER THE DATE SET FORTH IN THE
14 PANEL'S DECISION, THE PLANNING JURISDICTION SHALL BE INELIGIBLE TO
15 RECEIVE TECHNICAL ASSISTANCE OR GRANTS PURSUANT TO SECTION
16 24-65.1-613 OR TO EXERCISE ANY AUTHORITY GRANTED PURSUANT TO
17 SECTION 24-65.1-609 UNTIL THE PLANNING JURISDICTION COMES INTO
18 COMPLIANCE. THE DEPARTMENT SHALL PUBLISH NOTICE OF A PLANNING
19 JURISDICTION'S INELIGIBILITY AND SUCH INELIGIBILITY SHALL BE
20 EFFECTIVE FORTY-FIVE DAYS FOLLOWING PUBLICATION OF SUCH NOTICE.
21 24-65.1-618. Supplements existing law. THE PROVISIONS OF THIS
22 PART 6 SUPPLEMENT, BUT DO NOT REPLACE, THOSE PROVISIONS OF PART 2
23 OF ARTICLE 23 OF TITLE 31, C.R.S., PART 1 OF ARTICLE 28 OF TITLE 30,
24 C.R.S., PART 1 OF ARTICLE 65.1 OF THIS TITLE, ARTICLE 20 OF TITLE 29,
25 C.R.S., AND ANY OTHER STATUTES GRANTING PLANNING AND
26 REGULATORY POWERS TO COUNTIES AND MUNICIPALITIES. IN THE EVENT
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1 OF A CONFLICT BETWEEN THE PROVISIONS OF ANY SUCH LAW AND THIS
2 PART 6, THE PROVISIONS OF THIS PART 6 SHALL GOVERN.
3 24-65.1-619. Moratoria prohibited. NO PLANNING JURISDICTION
4 MAY ADOPT A MORATORIUM ON THE PROCESSING OF LAND USE PERMIT
5 APPLICATIONS ON THE SOLE BASIS THAT THE PLANNING JURISDICTION IS
6 IMPLEMENTING THIS PART 6. THIS SECTION SHALL NOT AFFECT A
7 PLANNING JURISDICTION'S AUTHORITY TO ADOPT A MORATORIUM ON THE
8 PROCESSING OF LAND USE PERMIT APPLICATIONS AS OTHERWISE PROVIDED
9 BY LAW.
10 24-65.1-620. Review by the general assembly. NO LATER THAN
11 JULY 1, 2002, THE GENERAL ASSEMBLY INTENDS TO ESTABLISH AN INTERIM
12 COMMITTEE TO STUDY, REVIEW, AND RECOMMEND ANY CHANGES
13 NECESSARY TO THIS PART 6. THE INTERIM COMMITTEE SHOULD CONSIST
14 OF MEMBERS OF THE GENERAL ASSEMBLY, REPRESENTATIVES OF LOCAL
15 GOVERNMENTS AND GROUPS AFFECTED BY THIS PART 6, AND MEMBERS OF
16 THE GENERAL PUBLIC.
17 SECTION 2. 30-28-106 (3) (f), Colorado Revised Statutes, is
18 amended to read:
19 30-28-106. Adoption of master plan - contents. (3) (f) The
20 master plan of a county or region is advisory only FOR ANY COUNTY THAT
21 IS NOT SUBJECT TO PART 6 OF ARTICLE 65.1 OF TITLE 24, C.R.S. IF A
22 COUNTY IS SUBJECT TO PART 6 OF ARTICLE 65.1 OF TITLE 24, C.R.S., THE
23 MASTER PLAN SHALL BE MANDATORY UNLESS A MAJORITY OF THE
24 REGISTERED ELECTORS OF THE COUNTY VOTE TO MAKE THE MASTER PLAN
25 ADVISORY AT A GENERAL ELECTION OR SPECIAL ELECTION HELD PURSUANT
26 TO SECTION 30-28-138. IF A MAJORITY OF THE REGISTERED ELECTORS OF
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1 THE COUNTY VOTE TO MAKE THE MASTER PLAN ADVISORY, THE MASTER
2 PLAN AND THE COUNTY SHALL BE SUBJECT TO THE COORDINATION AND
3 CONSISTENCY REQUIREMENTS SET FORTH IN SECTION 24-65.1-608, C.R.S.,
4 AND THE PROCEDURAL REQUIREMENTS OF PART 6 OF ARTICLE 65.1 OF TITLE
5 24, C.R.S.
6 SECTION 3. Part 1 of article 28 of title 30, Colorado Revised
7 Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW
8 SECTIONS to read:
9 30-28-138. Election for master plan. THE BOARD OF COUNTY
10 COMMISSIONERS OF A COUNTY THAT IS SUBJECT TO PART 6 OF ARTICLE 65.1
11 OF TITLE 24, C.R.S., MAY ORDER THAT THE QUESTION OF THE MANDATORY
12 EFFECT OF THE COUNTY'S MASTER PLAN BE SUBMITTED TO THE REGISTERED
13 ELECTORS OF THE COUNTY AT EITHER THE NEXT GENERAL ELECTION OR A
14 SPECIAL ELECTION HELD FOR THAT PURPOSE. THE PROCEDURES FOR
15 PLACING THE QUESTION OF THE MANDATORY EFFECT OF THE COUNTY'S
16 MASTER PLAN BEFORE THE REGISTERED ELECTORS OF THE COUNTY
17 PURSUANT TO THIS SECTION SHALL BE AS PROVIDED IN SECTION
18 30-11-103.5.
19 30-28-139. County enforcement of municipal development
20 standards. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
21 CONTRARY, THE BOARD OF COUNTY COMMISSIONERS MAY ADOPT BY
22 REFERENCE AND ENFORCE THE DEVELOPMENT STANDARDS OF ANY
23 MUNICIPALITY THAT IS WHOLLY OR PARTIALLY WITHIN THE BOUNDARIES
24 OF THE COUNTY FOR ANY UNINCORPORATED AREA THAT IS ADJACENT TO
25 SUCH MUNICIPALITY.
26 SECTION 4. 31-23-206 (3), Colorado Revised Statutes, is
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1 amended, and the said 31-23-206 is further amended BY THE
2 ADDITION OF A NEW SUBSECTION, to read:
3 31-23-206. Master plan. (3) The master plan of a municipality
4 is advisory only FOR ANY MUNICIPALITY THAT IS NOT SUBJECT TO PART 6
5 OF ARTICLE 65.1 OF TITLE 24, C.R.S. IF THE MUNICIPALITY IS SUBJECT TO
6 PART 6 OF ARTICLE 65.1 OF TITLE 24, C.R.S., THE MASTER PLAN SHALL BE
7 MANDATORY UNLESS A MAJORITY OF THE REGISTERED ELECTORS OF THE
8 MUNICIPALITY VOTE TO MAKE THE MASTER PLAN ADVISORY ONLY AT A
9 GENERAL ELECTION OR SPECIAL ELECTION HELD PURSUANT TO SUBSECTION
10 (4) OF THIS SECTION.
11 (4) THE GOVERNING BODY OF A MUNICIPALITY THAT IS SUBJECT TO
12 PART 6 OF ARTICLE 65.1 OF TITLE 24, C.R.S., MAY ORDER THAT THE
13 QUESTION OF THE MANDATORY EFFECT OF THE MUNICIPALITY'S MASTER
14 PLAN BE SUBMITTED TO THE REGISTERED ELECTORS OF THE MUNICIPALITY
15 AT EITHER THE NEXT GENERAL ELECTION OR A SPECIAL ELECTION HELD FOR
16 THAT PURPOSE. THE PROCEDURES FOR PLACING THE QUESTION OF THE
17 MANDATORY EFFECT OF THE MUNICIPALITY'S MASTER PLAN SHALL BE AS
18 PROVIDED IN SECTION 31-11-111.
19 SECTION 5. Appropriation. In addition to any other
20 appropriation, for the fiscal year beginning July 1, 1999, there is hereby
21 appropriated out of any moneys in the general fund not otherwise
22 appropriated, to the comprehensive planning program fund created in
23 section 24-65.1-614, Colorado Revised Statutes, the sum of ___ dollars
24 ($ ), and such sum, or so much thereof as may be necessary, is further
25 appropriated to the department of local affairs to provide financial
26 assistance to planning jurisdictions for the preparation of comprehensive
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1 plans and development regulations and programs for the implementation
2 of this act.
3 SECTION 6. Effective date. This act shall take effect at 12:01
4 a.m. on the day following the expiration of the ninety-day period after
5 final adjournment of the general assembly that is allowed for submitting
6 a referendum petition pursuant to article V, section 1 (3) of the state
7 constitution; except that, if a referendum petition is filed against this act
8 or an item, section, or part of this act within such period, then the act,
9 item, section, or part, if approved by the people, shall take effect on the
10 date of the official declaration of the vote thereon by proclamation of the
11 governor.