2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-109 - [Effective 8/7/2024] Approval of county revitalization plans by local governing body - definitions

(1)
(a)
An authority may not undertake the county revitalization project for the county revitalization area unless, based on evidence presented at a public hearing, the governing body has determined by resolution that the area is a revitalization area and has designated the area as appropriate for a county revitalization project.
(b)
(I)
Notwithstanding any other provision of this article 31, within thirty days of commissioning a study to determine whether an area is a revitalization area in accordance with the requirements of subsection (1)(a) of this section, the authority shall provide notice to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record and to any municipality within three miles of the proposed area. The notice must state that the authority is commencing a study necessary for making a determination as to whether the area in which the owner owns property is a revitalization area. Within seven days of making such determination, the authority or the county, as applicable, shall also provide notice of the determination to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record.
(II)
As used in this subsection (1)(b), "private property" means, as applied to real property, only a fee ownership interest.
(c)
(I)
The boundaries of an area that the governing body determines to be a revitalization area must be drawn as narrowly as the governing body determines feasible to accomplish the planning and development objectives of the proposed county revitalization plan. The governing body shall not approve the county revitalization plan until a general plan for the county has been prepared. In making the determination as to whether a particular area is a revitalization area pursuant to the provisions of this article 31, any particular condition found to be present may satisfy as many of the factors referenced in section 30-31-103 (14) as are applicable to the condition.
(II)
Notwithstanding any other provision of this article 31, no county revitalization area may contain any agricultural land unless:
(A)
The agricultural land is a brownfield site;
(B)
Not less than one-half of the county revitalization area as a whole consists of parcels of land containing urban-level development that, at the time of the designation of such area, the governing body determines to be a revitalization area in accordance with the requirements of subsection (1)(a) of this section, and not less than two-thirds of the perimeter of the county revitalization area as a whole is contiguous with urban-level development as determined at the time of the designation of such area;
(C)
The agricultural land is an enclave within the territorial boundaries of the county and the entire perimeter of the enclave has been contiguous with urban-level development for a period of not less than three years as determined at the time of the designation of the area; or
(D)
Each public body that levies an ad valorem property tax on the agricultural land agrees in writing to the inclusion of the agricultural land within the county revitalization area.
(III)
Notwithstanding any other provision of this article 31, the county revitalization authority must not overlap with an urban renewal authority, and the boundaries of the county revitalization area must not overlap with a municipality, except where the property is subsequently annexed into the municipality or pursuant to section 30-31-118.
(d)
A county revitalization plan that is approved or substantially modified must include a legal description of the county revitalization area, including the legal description of any agricultural land proposed for inclusion within the county revitalization area pursuant to subsection (1)(c)(II) of this section.
(2)
(a)
Prior to approving a county revitalization plan, a governing body shall submit the plan to the county planning commission for review and recommendations as to the plan's conformity with the general plan for the development of the county as a whole. The county planning commission shall also review and provide recommendations as to the plan's interaction with applicable municipal plans for the development of unincorporated territory if the county revitalization plan includes property that is included within a municipal plan adopted pursuant to section 31-12-105 (1)(e)(I) or section 31-23-212.
(b)
The planning commission shall submit its written recommendations to the governing body within thirty days after receipt of the plan.
(c)
Upon receipt of the recommendations of the planning commission or, if no recommendations are received within thirty days, without such recommendations, a governing body may proceed with the hearing on the proposed county revitalization plan required by subsection (5) of this section.
(3)
(a)
At least thirty days prior to the hearing described in subsection (5)(a) of this section on a county revitalization plan or a substantial modification to a county revitalization plan, the county or the authority shall submit a county revitalization impact report along with the county revitalization plan or modification to a county revitalization plan to every municipality within one mile of the county revitalization area. The county revitalization impact report must include, at a minimum, the following information concerning the impact of such a county revitalization plan:
(I)
An estimate of the impact of the county revitalization project on municipal services and infrastructure;
(II)
An estimate of the cost and extent of additional municipal infrastructure and services that are anticipated to be needed to serve development within the proposed county revitalization area, and the benefit of improvements within the county revitalization area to existing municipal infrastructure;
(III)
A statement setting forth the method under which the authority or the county will finance, or that agreements are in place to finance, any additional municipal infrastructure and services to serve development in the county revitalization area for the duration of the county revitalization project; and
(IV)
Any other estimated impacts of the county revitalization project.
(b)
The inadvertent failure of a county or an authority to submit a county revitalization plan, substantial modification to a county revitalization plan, or a county revitalization impact report, as applicable, to a municipality in accordance with the requirements of subsection (3)(a) of this section neither creates a cause of action in favor of any party nor invalidates any county revitalization plan or substantial modification to a county revitalization plan.
(c)
Notwithstanding any other provision of this section, a city and county is not required to submit an urban renewal impact report satisfying the requirements of subsection (3)(a) of this section.
(4)
Upon request of the county or the authority, each municipality that is entitled to receive a copy of a county revitalization plan or a substantial modification to a county revitalization plan shall provide available municipal data and projections to the county or the authority to assist in preparing a county revitalization impact report pursuant to subsection (3) of this section.
(5)
(a)
A governing body shall hold a public hearing on the county revitalization plan or a substantial modification of an approved county revitalization plan no less than thirty days after giving public notice of the hearing.
(b)
The notice for the public hearing must:
(I)
Be published by the governing body in a newspaper having a general circulation in the county;
(II)
Describe the time, date, place, and purpose of the hearing;
(III)
Generally identify the county revitalization area covered by the plan;
(IV)
Outline the general scope of the county revitalization project under consideration; and
(V)
Be provided by the county to every municipality within three miles of the authority.
(c)
If an authority intends to acquire private property by eminent domain within the county revitalization area that is to be subsequently transferred to a private party in accordance with the requirements of section 30-31-106 (2), the governing body, before commencing the acquisition of the property, shall hold a public hearing on the use of eminent domain as a means to acquire the property. The governing body shall only hold this hearing after written notice of the time, date, place, and purpose of the hearing has been provided to each owner of property, as property is defined in section 30-31-106 (4), that is within the county revitalization area at least thirty days before the date of the hearing. In order to authorize the use of eminent domain as a means to acquire property, a governing body shall base its authorization decision on a finding of revitalization area conditions without regard to the economic performance of the property to be acquired.
(d)
At the hearing held pursuant to the notice described in this subsection (5), the governing body shall grant a full opportunity to be heard to all municipalities within three miles of the authority.
(6)
Following the hearing described in subsection (5) of this section, the governing body may approve the county revitalization plan if the governing body finds that:
(a)
A feasible method exists for the relocation of individuals and families who will be displaced by the county revitalization project in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families;
(b)
A feasible method exists for the relocation of business concerns that will be displaced by the county revitalization project in the county revitalization area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities;
(c)
The governing body has taken reasonable efforts to provide written notice of the public hearing prescribed by subsection (5) of this section to all property owners, residents, and owners of business concerns in the proposed county revitalization area at their last-known address of record at least thirty days before such hearing. The notice must contain the same information as required for the notice described in subsection (5) of this section.
(d)
No more than one hundred twenty days have passed since the commencement of the first public hearing of the county revitalization plan pursuant to subsection (5) of this section;
(e)
If the county revitalization plan contains property that was included in a previously submitted county revitalization plan that the governing body failed to approve pursuant to this section, at least twenty-four months have passed since the commencement of the prior public hearing concerning such property held pursuant to subsection (5) of this section, unless substantial changes have occurred since the commencement of the hearing that resulted in a determination that such property constituted a revitalization area pursuant to section 30-31-103 (14);
(f)
The county revitalization plan conforms to the general plan of the county as a whole and considers applicable municipal plans for the development of unincorporated territory, if the county revitalization plan includes property that is included within a municipal plan adopted pursuant to section 31-12-105 (1)(e)(I) or section 31-23-212;
(g)
The county revitalization plan will afford maximum opportunity, consistent with the sound needs of the county as a whole, for the rehabilitation or redevelopment of the county revitalization area by private enterprise;
(h)
The authority or the county will adequately finance, or that agreements are in place to finance, any additional county and municipal infrastructure and services required to serve development within the county revitalization area for the period in which all or any portion of the property taxes described in subsection (13)(a)(II) of this section and levied by the county are paid to the authority;
(i)
The adoption of the plan will not create an undue burden on any municipality that provides municipal services or that owns, controls, or maintains any infrastructure or facilities that are impacted by the adoption of the plan, excluding any burden that has not been addressed pursuant to subsection (6)(h) of this section; and
(j)
No property is included in the county revitalization plan that is subject to a pending annexation agreement or for which annexation proceedings have been commenced within the past three years.
(7)
In addition to the findings otherwise required of the governing body pursuant to subsection (6) of this section, if the county revitalization plan seeks the acquisition of private property by eminent domain for subsequent transfer to a private party pursuant to section 30-31-106 (2), the governing body may approve the county revitalization plan where it finds, in connection with a hearing satisfying the requirements of subsection (5) of this section, that the county revitalization plan has met the requirements of section 30-31-106 (2) and that the principal public purpose for adopting the county revitalization plan is to facilitate redevelopment in order to take advantage of revitalization areas.
(8)
If the county revitalization area consists of an area of open land which, under the county revitalization plan, is to be developed for residential uses, the governing body must first have determined that:
(a)
A shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the county;
(b)
The need for housing accommodations has been or will be increased as a result of taking advantage of revitalization areas;
(c)
The opportunity factors in the county revitalization area and the shortage of attainable housing create a risk to the public health and safety; and
(d)
The acquisition of the area for residential uses is an integral part of and essential to the program of the county.
(9)
If the county revitalization area consists of an area of open land which, under the county revitalization plan, is to be developed for nonresidential uses, the local governing body must first have determined that:
(a)
Such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives; and
(b)
The contemplated acquisition of the area may require the exercise of governmental action, as provided in this article 31, because of being in a revitalization area.
(10)
(a)
The county revitalization plan may be modified at any time; but, if the county revitalization plan is modified after the lease or sale by the authority of real property in the county revitalization project area, the modification is subject to such rights at law or in equity as a lessee or purchaser or the purchaser's successor in interest may be entitled to assert. If the modification to a county revitalization plan will substantially change provisions of the county revitalization plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the county revitalization project, the scope or method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the county revitalization project or financing, then the modification is a substantial modification to the county revitalization plan and subject to all of the requirements of this section.
(b)
Any proposed county revitalization plan modification must be submitted to the governing body for approval.
(c)
Not less than thirty days before approving any modification of the County revitalization plan, the governing body or authority shall provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the county revitalization area and to each municipality within three miles of the county revitalization area along with a notice of the date and time of the meeting at which the governing body will consider the modification.
(d)
If the county revitalization plan is modified after the lease or sale by the authority of real property in the county revitalization project area, that modification is subject to such rights at law or in equity as a lessee or purchaser or their successor in interest may be entitled to assert.
(e)
The county revitalization plan modification is substantial and subject to all of the requirements of this section if the modification will substantially:
(I)
Change provisions of the county revitalization plan regarding the following as previously approved:
(A)
Land area;
(B)
Land use;
(C)
Authorization to collect incremental tax revenue;
(D)
The extent of the use of tax increment financing;
(E)
The scope or nature of the county revitalization project;
(F)
The scope or method of financing;
(G)
Design;
(H)
building requirements; or
(I)
Timing or procedure; or
(II)
Clarify a plan that, when approved, was lacking in specificity as to the county revitalization project or financing.
(f)
Any taxing entity that levies taxes on property located within the county revitalization area and any municipality with territory within three miles of the county revitalization area may file an action in a state district court exercising jurisdiction over the county in which the county revitalization area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. If requested by the taxing entity or municipality, the court shall enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if the court makes such a determination, the court shall further enjoin any action by the authority pursuant to the modification until the authority complies with subsection (8) of this section.
(11)
(a)
No action may be brought to enjoin any activity of the authority pursuant to the county revitalization plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within forty-five days after the date on which the authority provided notice of its intention regarding the undertaking or activity.
(b)
(I)
The notice required by subsection (11)(a) of this section must:
(A)
Describe the undertaking or activity proposed by the authority and specify that any action to enjoin the undertaking or activity must be brought within forty-five days from the date of the notice; and
(B)
Be published in a newspaper of general circulation in the county.
(II)
On or before the date of publication of the notice of intention required by subsection (11)(a) of this section, the authority shall also mail a copy of the notice to each taxing entity that levies taxes on property within the county revitalization area and to each municipality within three miles of the county revitalization area.
(12)
Upon the approval by the governing body of the county revitalization plan or a substantial modification to the county revitalization plan, the provisions of that plan are controlling with respect to the land area, land use, design, building requirements, timing, or procedure applicable to the property covered by that plan, except to the extent inconsistent with the laws of a municipality following annexation of such property.
(13)
(a)
Notwithstanding any law to the contrary, any county revitalization plan, as originally approved or as later modified pursuant to this article 31, may contain a provision that the property taxes of specifically designated public bodies that have joined the authority pursuant to section 30-31-104 (6), if any, levied after the effective date of the approval of such county revitalization plan upon taxable property in the county revitalization area each year or that county sales taxes collected within said area, or both such taxes, by or for the benefit of the designated public body must be divided for a period not to exceed thirty years after the effective date of adoption of such a provision, as follows:
(I)
That portion of the taxes produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the county revitalization area last certified before the effective date of approval of the county revitalization plan or, as to an area later added to the county Revitalization area, the effective date of the modification of the plan, or that portion of county sales taxes collected within the boundaries of said county revitalization area in the twelve-month period ending on the last day of the month before the effective date of approval of said plan, or both such portions, must be paid into the funds of each such public body as are all other taxes collected by or for the public body.
(II)
That portion of the property taxes or all or any portion of the sales taxes, or both, in excess of the amount of property taxes or sales taxes paid into the funds of each such public body in accordance with the requirements of subsection (13)(a)(I) of this section must be allocated to and, when collected, paid into a special fund of the authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the authority for financing or refinancing, in whole or in part, the county revitalization project, to make payments under an agreement executed pursuant to this section, or for any other purposes authorized by this article 31. Any excess county sales tax or property tax collections not allocated pursuant to this subsection (13)(a)(II) must be paid into the funds of the county or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in the county revitalization area exceeds the base valuation for assessment of the taxable property in the county revitalization area, as provided in subsection (13)(a)(I) of this section, all of the taxes levied upon the taxable property in such county revitalization area must be paid into the funds of the respective public bodies. Unless and until the total county sales tax collections in the county revitalization area exceed the base year county sales tax collections in such county revitalization area, as provided in subsection (13)(a)(I) of this section, all such sales tax collections must be paid into the funds of the county. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total county sales tax collections, or both, in the county revitalization area must be paid into the funds of the respective public bodies, and all money remaining in the special fund established pursuant to this subsection (13)(a)(II) that has not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing entity, other than the county, within the boundaries of the county revitalization area must be repaid to each taxing entity based on the pro rata share of the prior year's property tax increment attributable to each taxing entity's current mill levy in which property taxes were divided pursuant to this subsection (13). Any money remaining in the special fund not generated by property tax increment is excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues resulting because the voters have authorized the municipality, county, or special district to retain and spend said revenues pursuant to section 20 (7)(d) of article X of the state constitution subsequent to the creation of the special fund pursuant to this subsection (13)(a)(II) or as a result of an increase in the property tax mill levy approved by the voters of the municipality, county, or special district subsequent to the creation of the special fund, to the extent the total mill levy of the municipality, county, or special district exceeds the respective mill levy in effect at the time of approval or substantial modification of the county revitalization plan, must not be pledged by an authority for the payment of any bonds of, any loans or advances to, or any indebtedness incurred by the authority without the consent of the relevant municipality, county, or special district. To the extent the authority has received the notification specified in this subsection (13)(a)(II), such additional revenues must then be promptly repaid by the authority to the county or other taxing entity. The authority must be notified of the amount of additional revenues and the calculations used in computing the amount by the applicable county or other taxing entity before making repayment and, in any event, not later than February 1 of each fiscal year following the year in which a voter-approved revenue increase has taken effect. The authority and county or any other taxing entity may negotiate for the purpose of entering into an agreement on the issues of the amount of repayment, the mechanics of how repayment of the additional revenues will be accomplished, a method for resolving disputes regarding the amount of repayment, and whether the county or taxing entity will waive the repayment requirement, singularly or in combination, and may enter into an intergovernmental agreement regarding any of these issues.
(III)
In calculating and making payments as described in subsection (13)(a)(II) of this section, the county treasurer may offset the authority's pro rata portion of any property taxes that are paid to the authority under the terms of subsection (13)(a)(II) of this section and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for the county revitalization project. the authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the authority to offset the authority's pro rata portion of the refunds. The provisions of this subsection (13)(a)(III) do not apply to a city and county.
(IV)
No property within a revitalization area pursuant to which any bonds of, loans or advances to, or indebtedness incurred by an authority pursuant to subsection (13)(a)(II) of this section are outstanding may be included within an urban renewal area or any other property tax increment area unless the authority enters into an agreement that provides for either the assumption or the defeasance of all such bonds, loans, advances, or indebtedness.
(V)
A county revitalization plan shall not be affected by the annexation of any property in the county revitalization area.
(b)
The portion of taxes described in subsection (13)(a)(II) of this section may be irrevocably pledged by the authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge does not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers; except that this limitation on the extension of the irrevocable pledge does not apply to a city and county.
(c)
As used in this subsection (13), "taxes" includes, without limitation, all levies authorized to be made on an ad valorem basis upon real and personal property or county sales taxes; but nothing in this subsection (13) requires any public body to levy taxes.
(d)
If the county revitalization area includes single- and multi-family residences, a school district which includes all or any part of the county revitalization area must be permitted to participate in an advisory capacity with respect to the inclusion in the county revitalization plan of the provision provided for by this subsection (13).
(e)
If there is a general reassessment of taxable property valuations in any county including all or part of the county revitalization area subject to division of valuation for assessment under subsection (13)(a) of this section or a change in the sales tax rate levied in any county including all or part of the county revitalization area subject to division of sales taxes under subsection (13)(a) of this section, the portions of valuations for assessment or sales taxes under subsections (13)(a)(I) and (13)(a)(II) of this section must be proportionately adjusted in accordance with the reassessment or change.
(f)
Notwithstanding the thirty-year period of limitation set forth in subsection (13)(a) of this section, any county revitalization plan, as originally approved or as later modified pursuant to this article 31, may contain a provision that the county sales taxes collected in the county revitalization area each year or the county portion of taxes levied upon taxable property within the area, or both such taxes, may be allocated as described in this subsection (13) for a period in excess of thirty years after the effective date of the adoption of the provision if the existing bonds are in default or about to go into default; except that the taxes may not be allocated after all bonds of the authority issued pursuant to such plan including loans, advances, and indebtedness, if any, and interest thereon, and any premiums due in connection therewith have been repaid.
(g)
Notwithstanding any other provision of this section, if one or more of the conditions specified in subsection (1)(c)(II) of this section have been satisfied so that agricultural land is included within the county revitalization area, the county assessor shall value the agricultural land at its fair market value in making the calculation of the taxes to be paid to the public bodies pursuant to subsection (13)(a)(I) of this section solely for the purpose of determining the tax increment available pursuant to subsection (13)(a)(II) of this section. Nothing in this section affects the actual or required classification of agricultural land for property tax purposes, and nothing in this section affects the taxes actually to be paid to the public bodies pursuant to subsection (13)(a)(I) of this section, which must continue to be based on the agricultural classification of such land unless and until it has been reclassified in the normal course of the assessment process.
(h)
The manner and methods by which the requirements of this subsection (13) are to be implemented by county assessors must be contained in such manuals, appraisal procedures, and instructions, as applicable, that the property tax administrator is authorized to prepare and publish pursuant to section 39-2-109 (1)(e).
(i)
Within the twelve-month period before the effective date of the approval or modification of the county revitalization plan requiring the allocation of money to the authority pursuant to subsection (13)(a) of this section, the municipality, county, or special district is entitled to the reimbursement of any money that the municipality, county, or special district pays to, contributes to, or invests in the authority for the project. The reimbursement must be paid from the special fund of the authority established pursuant to subsection (13)(a) of this section.
(14)
(a)
Notwithstanding any other provision of law, the governing body may provide in the county revitalization plan that the valuation attributable to the extraction of mineral resources located within the county revitalization area is not subject to the division that is otherwise required by subsection (13)(a) of this section. In such circumstances, the taxes levied on the valuation must be distributed to the taxing entities as if the county revitalization plan was not in effect.
(b)
As used in this subsection (14):
(I)
"Mineral resources" has the same meaning as specified in section 36-1-100.3 (3).
(II)
"Valuation attributable to the extraction of mineral resources" includes:
(A)
The value of oil and gas leaseholds and land and subsurface oil and gas well equipment that is valued for assessment purposes as real property under sections 39-7-102 and 39-7-103; and
(B)
Surface oil and gas well equipment and submersible pumps and sucker rods that are located on oil and gas leaseholds and land and that are valued for assessment purposes as personal property under section 39-7-103.
(15)
The county in which the county revitalization authority has been established shall timely notify the assessor when:
(a)
The county revitalization plan or a substantial modification of the plan has been approved that contains the provisions referenced in subsection (13)(a) of this section or a substantial modification of the plan adds land to the plan, which plan contains the provisions referenced in subsection (13)(a) of this section;
(b)
Any outstanding obligation incurred by the authority pursuant to the provisions of subsection (13) of this section has been paid off; and
(c)
The purposes of the authority have otherwise been achieved.
(16)
(a)
Not later than thirty days after the county has provided the county assessor the notice required by subsection (15)(a) of this section, the county assessor may provide written notice to the county if the assessor believes that agricultural land has been improperly included in the county revitalization area in violation of subsection (1)(c)(II) of this section.
(b)
If the notice described in subsection (15)(a) of this section is not delivered within the required thirty-day period, the inclusion of the land in the county revitalization area as described in the county revitalization plan is incontestable in any suit or proceeding notwithstanding the presence of any cause.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).