Colorado § 24-67-107 - Application and construction of article.

§ 24-67-107. Application and construction of article.

(1) The provisions of this article shall apply to home rule municipalities unless superseded by charter or ordinance enactment.

(2) Any county or municipality which has enacted, prior to May 21, 1972, a resolution or ordinance providing for planned unit developments may continue to follow the provisions established therein, and any amendments thereto in lieu of electing to follow the provisions of this article.

(3) Nothing in this article shall be construed to impair, affect, or invalidate any rights vested in connection with planned unit developments for which applications were filed prior to May 21, 1972.

(4) Nothing in this article shall be construed to waive the requirements for substantial compliance by counties and municipalities with the subdivision requirements of part 1 of article 28 of title 30 and part 2 of article 23 of title 31, C.R.S., respectively, and appropriate regulations promulgated thereunder. Counties and municipalities, including home rule cities, shall comply with the requirements of article 65.5 of this title. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable. In order to facilitate processing of applications, however, a county or municipality, pursuant to resolution or ordinance, may provide for concurrent or simultaneous processing of planned unit development and subdivision applications.

(5) No county or municipality shall adopt pursuant to this article any resolution or ordinance which limits development exclusively to planned unit development districts.

(6) This article shall be liberally construed in furtherance of the purposes of this article and to the end that counties and municipalities shall be encouraged to utilize planned unit developments. Enactment of this article by the general assembly is declared to be for the purpose of supplementing the provisions of part 1 of article 28 of title 30 and article 23 of title 31, C.R.S., as the same relate to and authorize planned unit developments.

Source: L. 72: p. 513, § 1. C.R.S. 1963: § 106-6-7. L. 75: (4) amended, p. 1271, § 8, effective July 1. L. 2001: (4) amended, p. 490, § 3, effective July 1.

ANNOTATION

Law reviews. For article, "1974 Land Use Legislation in Colorado", see 51 Den. L. J. 467 (1974). For article, "Unrecorded PUD Plans: On the Frontier of New Diligence", Colo. Law. 1089 (1990).

Planned Unit Development Act of 1972 held not to apply to case where home rule city adopted its own planned unit development ordinance. South Creek Associates v. Bixby, 781 P.2d 1027 (Colo. 1989).

This article's modification provision, subsection (3)(b), does not apply to other political subdivisions so as to supersede their override authority under § 30-28-110 (1)(c). Bd. of County Comm'rs v. Hygiene Fire Prot. Dist., 221 P.3d 1063 (Colo. 2009).