(1) Local governments are authorized and encouraged to cooperate or contract with other units of government pursuant to part 2 of article 1 of this title for the purposes of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations.
(2) (a) Without limiting the ability of local governments to cooperate or contract with each other pursuant to the provisions of this part 1 or any other provision of law, local governments may provide through intergovernmental agreements for the joint adoption by the governing bodies, after notice and hearing, of mutually binding and enforceable comprehensive development plans for areas within their jurisdictions. This section shall not affect the validity of any intergovernmental agreement entered into prior to April 23, 1989.
A comprehensive development plan may contain master plans, zoning plans, subdivision regulations, and building code, permit, and other land use standards, which, if set out in specific detail, may be in lieu of such regulations or ordinances of the local governments.
Notwithstanding any other statutory provisions of article 28 of title 30, C.R.S., review of comprehensive development plans by the planning commissions of the local governments shall be discretionary, unless otherwise required by local ordinance. This subsection (2) shall not apply to the requirements of sections 30-28-110 and 30-28-127, C.R.S.
An intergovernmental agreement providing for a comprehensive development planmay contain a provision that the plan may be amended only by the mutual agreement of the governing bodies of the local governments who are parties to the plan.
In the event that a plan is silent as to a specific land use matter, existing local landuse regulations shall control.
(I) An intergovernmental agreement may contain provisions concerning annexation,including, but not limited to provisions:
That a comprehensive development plan shall continue to control particular landareas even though the land areas are annexed or jurisdiction over the land areas is otherwise transferred pursuant to law between the local governmental entities who are parties to the agreement;
For revenue sharing between local governments; and
Concerning land areas that may be annexed by municipalities and the conditionsrelated to such annexations as established in the comprehensive development plan.
(II) Nothing in this paragraph (f) shall be construed to render invalid any intergovernmental agreement or comprehensive development plan entered into prior to November 6, 2001.
Each governing body that is a party to an intergovernmental agreement adopting acomprehensive development plan shall have standing in district court to enforce the terms of the agreement and the plan, including specific performance and injunctive relief. The district court shall schedule all actions to enforce an intergovernmental agreement and comprehensive development plan for expedited hearing.
Local governments may, pursuant to an intergovernmental agreement, provide forrevenue-sharing.
Local governments shall not be required to enter into intergovernmental agreementsor comprehensive development plans pursuant to this section.
Source: L. 74: Entire article added, p. 354, § 1, effective May 17. L. 89: Entire section amended, p. 1268, § 1, effective April 23. L. 99: (2)(a) amended, p. 590, § 2, effective July 1. L. 2001, 2nd Ex. Sess.: (2)(f) amended, p. 31, § 1, effective November 6.