Summary of HB08-1279
Short Title: Governmental Land Use Regulations

Sponsors: Bruce

Requires each land developer seeking to develop Colorado real property for new construction, but not for additions to existing structures, to pay, within a specified deadline after final plat approval or similar final approvals, a proportionate impact fee in an amount established by a public schedule related to the direct and indirect impacts of such development as specified in the act. Specifies that the need for and amount of the impact fees is to be governed by enumerated United States supreme court decisions, other constitutional principles enunciated in those and other judicial decisions, and by state and federal statutory provisions. As an alternative to paying the impact fee, authorizes the developer to perform such work to governmental standards. Specifies that failure of the developer to pay timely any impact fee or to perform such work within a specified period of the approval shall void the development approval and the developer's application for a governmental approval. Requires that all impact fees be paid before the developer may take any other action following governmental approval. Requires the state office of smart growth (office) to issue and publish on its web site the schedule of impact fees, which shall apply to impact fees charged on or after the effective date of the act. Requires each local board to review and update annually any existing impact fees. Under specified circumstances, authorizes the local board to receive payment of impact fees in land instead of a monetary payment as long as the value of any land offered is within a specified percentage of the equivalent monetary amount, considering factors specified in the act. Permits a developer to appeal the application of the impact fee or its amount. On or after the effective date of the act, prohibits any local government, even with voter approval, from increasing taxes or issuing bonds, certificates of participation, leases, or any other legal borrowing instruments to finance new or expanded capital improvements that address growth caused by new construction for which impact fees under the act are being paid or will be paid to the local government. Requires the approval by a local government of an application concerning a land use matter to be conditioned on advance completion or payment of collateral by the land developer to ensure completion of required on-site infrastructure. Prior to recording such final plat map and related documents, requires the developer to grant to the local government that has approved the application a recorded first lien on the affected real property for the entire cost of the uncompleted infrastructure required. Requires the lien to be partially released as the work is completed. Limits the amount of any fee for processing a land use application or approval for a new zoning, variance, conditional use, special use, waiver, or any similar land use classification. Requires any fee imposed in excess of this amount on a matter pending as of the effective date of the act to be refunded within a specified time to the applicant. Requires a local government that seeks any change in a land use classification imposed on or after the effective date of the act to obtain in advance the written consent of the property owner to the change. Except as provided in the act, prohibits any land use regulation enacted or applied on or after the effective date of the act from lowering the market value of any real property by a specified percentage unless the property owner waives in writing the stated dollar amount of the compensation or is justly compensated by the local government that enacted or applied the regulation. Requires the local government to apply constitutional standards for the full determination of the loss under eminent domain procedures as a taking of property. Permits an initiative petition to be filed by which certain land areas may opt out of zoning or other land use regulations. Permits owners of real property located in any political subdivision of the state to similarly petition, and for local officials of the subdivision to place on the ballot, a ballot issue to limit or end zoning or land use regulations in all or any part of a land area within the territorial boundaries of the local government in accordance with the procedures specified in the act or as otherwise provided by law. Permits the ballot issue to cover all or part of the land area within the territorial boundaries of the political subdivision. Prohibits a local government from seeking to reimpose land use regulations that have been repealed in the affected area without the approval at a subsequent election of a majority of the property owners of record in the area. Provides for the recovery of attorney fees and court costs in certain cases. Makes a conforming amendment. Makes legislative findings and declarations. Defines terms.

Status
01/31/2008 Introduced In House - Assigned to Local Government
02/14/2008 House Committee on Local Government Postpone Indefinitely

Fiscal Notes Status: No fiscal impact for this bill

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