CONCERNING CITIZEN MANAGEMENT OF GROWTH

Be it Enacted by the People of the State of Colorado:

The constitution of the state of Colorado is hereby amended BY THE ADDITION OF A NEW ARTICLE to read:

Section 1. Purpose. The people of Colorado find that rapid, unplanned and unregulated growth through development and subdivision of land is a matter of statewide significance and concern, because it is causing serious harm to public health, safety and welfare by consuming large tracts of open space and farm and ranch lands, scenic vistas and archaeological and historic sites; imposing unfair tax burdens on existing residents; overburdening police protection, emergency services, schools, roads, water supplies, and other public facilities and services; creating increased levels of traffic congestion; causing unhealthy levels of air and water pollution; harming wildlife, biodiversity and ecosystems; and impairing the ability of cities and towns to maintain community character and protect neighborhoods. The purpose of this Article is to require citizen management of growth, by providing voters with information concerning growth impacts, by providing voters with control over Growth Areas in their communities, and by requiring coordination among Local Governments with respect to proposed Growth Areas. This Article shall pre-empt any inconsistent provision of this constitution, state statute, local ordinance, or other provision of law.

Section 2. Permitted Growth. Local Governments, unless exempted in accordance with Subsections 4(1) or 4(2) of this Article, shall only approve growth (a) within Committed Areas, (b) within Growth Areas in accordance with voter-approved Growth Area Maps, or (c) in accordance with the exceptions contained in Section 9 of this Article.

Section 3. Definitions. As used in this Article:

(1) "Committed Area" means an area of land which, by the effective date of this Article, has been committed to Development, in that the land meets one or more of the following criteria:

(a) As of the effective date of this Article, all of the land is contained within a recorded subdivision or townsite and at least 50% of the lots in such subdivision or townsite (i) have had permanent, primary structures constructed on them or (ii) have had central water and sewer services extended to them and all lots are or will be served by central water and sewer when the Development is complete; or

(b) A Valid Development Application as to such land, the approval of which would result in Development that will be served by central water and sewer services, has been submitted to the appropriate Local Government, as of the date on which the 2000 General Election Ballot was certified by the Secretary of State;

(c) The land (i) directly abuts, except for intervening dedicated public streets or roads, areas meeting the criteria of subsection (a) hereof along at least 50% of its perimeter, and by permanently protected open spaces, federal lands, or bodies of water along the remainder of its perimeter, and (ii) has been identified by the Local Government as an area for Development or redevelopment.

(2) "Development" means commercial, residential or industrial construction or other activity which changes the basic character or the use of the land so as to permit commercial, residential or industrial construction.

(3) "Local Government" means all statutory, charter and home rule cities and towns, home rule and statutory counties, and cities and counties.

(4) "Regular Election" means an election held on the first Tuesday after the first Monday in November.

(5) "Subdivision" means the division of an area of land or a defined lot or tract into two or more defined lots or tracts.

(6) "Valid Development Application" means an application that substantively meets all of the rules for submission applicable to a proposal and that has been accepted as timely and complete by the Local Government regulating the use of the land covered by the application.

Section 4. Growth Area Maps.

(1) This Article shall apply to all counties and city and counties with a population greater than 10,000 residents as shown by the most recent decennial census, or if more than five years have passed since the last census date, then the population as shown by a projection prepared by the Department of Local Affairs as of the beginning of the fifth year following that census date. The governing body of any county with a population of less than 25,000 residents may submit a referred question to the voters exempting for a maximum period of four years the entire county and all Local Governments within it from all requirements of this Article, except for the consistency requirement of Section 4(5)(c). Upon voter approval of such an exemption, this Article shall not apply to said county and all Local Governments within it for the period approved by the voters.

(2) This Article shall also apply to every city or town with any portion of its corporate limits located in any county to which this Article applies. Cities or towns with fewer than 1,000 residents shall not be required to prepare a Growth Area Map, provided, however, that the governing body of a city or town of fewer than 1,000 residents may not approve any Development that would cause the city’s or town's population to exceed 1,000 until the voters of that city or town have approved a Growth Area Map with respect thereto as required by this Article.

(3) Every Local Government subject to this Article shall delineate its Committed Areas not later than December 31, 2001 or within one year of becoming subject to this Article, whichever occurs later.

(4) A Growth Area is an area shown on a Growth Area Map approved by the voters as an area within which growth may occur.

(5) A Growth Area Map shall include a map and text describing a proposed Growth Area and shall identify the general locations of each proposed land use and the general range of Development densities within such Growth Area. No proposed Growth Area may be designated on a Growth Area Map unless central water and sewer services and roads can be extended to such area, consistent with applicable borrowing, taxing and spending limitations, within ten years following approval. For every city, city and county, or town, each proposed Growth Area shall abut along one third or more of its perimeter to a Committed Area or to one or more Growth Areas that were previously approved by the voters of the proposing city, city and county, or town. County governments, in proposing Growth Areas, shall give priority to locations near areas where substantial Development already exists. Each Growth Area Map and its text:

(a) Shall be consistent with the Growth Impact Disclosures set forth in Section 5 of this Article;

(b) Shall be developed with citizen participation, including, prior to being referred for voter approval, at least one public hearing before the planning commission or equivalent body, and at least one public hearing before the governing body of the proposing Local Government upon thirty days’ published notice.

(c) Shall be consistent with growth proposed by other Local Governments, in that Growth Area Maps (1) shall be developed in cooperation with the government of each county in which the proposed Growth Area is located and any other Local Government that shares a common boundary with the proposed Growth Area; (2) shall not conflict with or overlap the Growth Area Map that another Local Government is proposing for approval at the same election or which has been previously approved by the voters of another Local Government; and (3) shall be consistent with any area for future growth (i) approved by any Regional Planning Commission, Metropolitan Planning Organization, or council of governments with the participation of the proposing Local Government or (ii) created by intergovernmental agreement to which the proposing Local Government is a party.

Section 5. Voter Approval and Growth Impact Disclosures. The governing body of each Local Government proposing a Growth Area shall refer each proposed Growth Area Map to a popular vote at a Regular Election.

(1) The ballot title and submission clause for the referendum shall briefly summarize the proposed Growth Area without argument or prejudice, and shall ask whether the proposed Growth Area Map shall be adopted.

(2) The proposing Local Government shall provide Growth Impact Disclosures that describe the impacts of Development allowed by the proposed Growth Area Map. The Growth Area Map and the associated Growth Impact Disclosures shall be distributed to voters in accordance with and as part of the notices distributed to voters pursuant to Article X, Section 20(3). The Growth Impact Disclosures shall describe:

(a) The elements of the proposed Growth Area, including open spaces and parks; new public facilities and infrastructure, including law enforcement, emergency and health services, recreational facilities, roads, alternative transportation, schools, fire protection facilities, water and sewer services, the initial and ongoing costs for such facilities and infrastructure, and the proposed funding sources for these costs; number of housing units, including affordable housing units; and any revenue sharing arrangements; and

(b) The anticipated effects of the proposed growth, including: projected population increase; transportation and traffic impacts within and outside the Growth Area; projected effect upon regional air quality; water supply needed and the anticipated sources and cost of water supply; and how the proposed Growth Area Map conflicts or coordinates with Growth Area Maps either approved by, or being proposed to, the voters of adjacent Local Governments.

(3) All Growth Impact Disclosures shall be based upon the best generally available data routinely used by qualified Local Government planners in this state.

Section 6. Allowed Actions within Growth Area. All Development, Subdivision of land, changes in land use or density, and construction or extension of central water or sewer systems or roads on land that is within a voter-approved Growth Area shall be in accordance with the Growth Area Map. Development undertaken by other political subdivisions of the state, including enterprise districts or funds, special improvement districts, special districts, tax increment financing districts, and school districts, shall also be in accordance with the Growth Area Map.

Section 7. Development within Committed Areas. Development or Subdivision of land within a Committed Area may be completed without voter approval if the Development is completed in accordance with approved plans, and any applicable regulations and guidelines.

Section 8. Amendment of Growth Area Maps. Any Local Government may refer an issue to the voters to amend an approved Growth Area Map at a Regular Election in accordance with the procedures set forth in this Article.

Section 9. Lands Outside Committed Areas and Growth Areas. No Development or Subdivision of land shall be approved for land not included in a Committed Area or an approved Growth Area, except that a Local Government may approve or allow:

(1) Development of land which, as of the effective date of this Article, either (a) does not require any further Local Government approvals or (b) requires only the issuance of a building permit;

(2) Development or Subdivision of land consistent with a Valid Development Application which had been filed as of the date on which the 2000 General Election Ballot was certified by the Secretary of State;

(3) The creation of no more than three lots of no more than two acres each to accommodate residences of immediate family members of an agricultural property owner;

(4) A division of land that is not subject to its control as a subdivision of land;

(5) Any publicly owned facilities necessary to meet health, safety and welfare requirements of the surrounding community;

(6) A division of land that is permitted as a cluster development as of the effective date of this Article;

(7) Non-residential Development of less than ten thousand square feet of land to permit retail or service use where no other retail or service uses are located within one mile of the site; and

(8) Commercial or industrial Development, other than confined animal feeding operations or related facilities, that provides only goods or services to support nearby agricultural operations, in an area where there are no other commercial or industrial uses within one mile.

Section 10. Private Property Rights. Nothing in this section is intended to affect the constitutional protections afforded to private property.

Section 11. Enforcement. Any Local Government and any resident of Colorado who has standing under general principles of law may commence an action to enforce this Article.

Section 12. Interpretation. This Article shall be liberally construed to effectuate the purposes set out in Section 1. Any laws enacted in derogation of this Amendment shall be strictly construed.

Section 13. Severability. All provisions of this Article are severable, and if any portion of this Article is held invalid, all remaining portions of this Article shall remain in effect.