(4.3) After final approval of a subdivision plan or plat and receipt of dedications of sites and land areas or payments in lieu thereof required pursuant to subparagraph (II) of paragraph (a) of subsection (4) of this section, the board of county commissioners shall give written notification to the appropriate school districts and local government entities. Following such notice, a school district or local government entity may request periodic transfer on no longer than an annual basis of such land or moneys to the district or entity. When a board of county commissioners determines that the school district or local government entity has demonstrated a need for the land or moneys based on a long-range capital plan or evidence of the impact of the subdivision on the district or entity, or both, it shall periodically transfer on no longer than an annual basis the land or moneys to the appropriate school district or local government entity. The district or entity shall use the transferred land or moneys only for a purpose authorized by sub-subparagraphs (A) to (C) of subparagraph (II) of paragraph (a) of subsection (4) of this section. Any moneys received by the board of county commissioners that are transferred pursuant to this subsection (4.3) are not county revenues for purposes of paragraph (d) of subsection (7) of section 20 of article X of the state constitution.
(4.5) Subdivision regulations adopted by a board of county commissioners may provide for the protection and assurance of access to sunlight for solar energy devices by considering the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls.
Source: L. 61: p. 592, § 2. CRS 53: § 106-2-35. C.R.S. 1963: § 106-2-34. L. 67: p. 110, § 1. L. 71: p. 1055, §§ 1, 2. L. 72: p. 501, §§ 6, 7. L. 73: p. 1085, §§ 1, 2. L. 75: (3)(b)(IV) amended, p. 1001, § 1, effective July 14. L. 77: (9) added, p. 1453, § 2, effective May 24. L. 79: (3)(a) amended and (10) added, p. 1167, §§ 1, 2, effective July 1; (4)(a)(II) amended, p. 1169, § 1, effective July 1; (4.5) added, p. 1162, § 9, effective January 1, 1980. L. 83: (11) added, p. 1236, § 5, effective July 1. L. 84: (4)(a)(II) amended, p. 826, § 1, effective April 14; (4)(a)(II) amended and (4.3) added, p. 827, § 1, effective April 30. L. 92: (1) amended, p. 966, § 6, effective June 1. L. 96: (4)(a)(II) and (4.3) amended, p. 979, § 1, effective May 23. L. 2000: (3)(e) added, p. 1618, § 1, effective July 1. L. 2001: (10) amended, p. 490, § 4, effective July 1; (12) added, p. 242, § 1, effective August 8. L. 2005: (1), (2), (7), and (8) amended, p. 668, § 6, effective June 1. L. 2007: (10) amended, p. 2121, § 7, effective August 3. L. 2010: (9) amended, (HB 10-1085), ch. 95, p. 325, § 6, effective August 11.
Editor's note: Amendments to subsection (4)(a)(II) by House Bill 84-1087 and House Bill 84-1189 were harmonized.
Structure Colorado Code
Title 30 - Government - County
Article 28 - County Planning and Building Codes
§ 30-28-102. Unincorporated Territory
§ 30-28-103. County Planning Commission
§ 30-28-104. Chairman - Rules - Staff - Information - Grants and Gifts
§ 30-28-105. Regional Planning Commission
§ 30-28-106. Adoption of Master Plan - Contents
§ 30-28-107. Surveys and Studies
§ 30-28-108. Adoption of Plan by Resolution
§ 30-28-109. Certification of Plan
§ 30-28-110. Regional Planning Commission Approval - Required When - Recording
§ 30-28-112. Certification of Plan - Hearings
§ 30-28-113. Regulation of Size and Use - Districts - Definitions - Repeal
§ 30-28-114. Enforcement - Inspector - Permits
§ 30-28-115. Public Welfare to Be Promoted - Legislative Declaration - Construction
§ 30-28-116. Regulations May Be Amended
§ 30-28-117. Board of Adjustment
§ 30-28-118. Appeals to Board of Adjustment
§ 30-28-119. District Planning Commissions
§ 30-28-120. Existing Structures - County Property
§ 30-28-121. Temporary Regulations
§ 30-28-122. Submission to Division of Planning
§ 30-28-123. Higher Standards Govern
§ 30-28-124.5. County Court Actions for Civil Penalties for Zoning Violations
§ 30-28-125. Filing With County Clerk and Recorder
§ 30-28-126. Appropriation Authorized
§ 30-28-127. Public Utilities Exceptions
§ 30-28-128. Term of Membership
§ 30-28-129. Inclusion of Land in Regional Planning Commission
§ 30-28-130. Notice of Intent to Withdraw
§ 30-28-131. Planning Commission Responsibilities in a Common Geographic Area
§ 30-28-132. Concurrent Planning Jurisdiction - Authorized Agreements and Contracts
§ 30-28-133. Subdivision Regulations
§ 30-28-133.1. Subdivision Plan or Plat - Access to Public Highways
§ 30-28-133.5. Review of Plats and Other Plans
§ 30-28-135. Safety Glazing Materials
§ 30-28-136. Referral and Review Requirements
§ 30-28-137. Guarantee of Public Improvements
§ 30-28-138. Referral to Municipality
§ 30-28-139. Merger of Lots - Notice - Hearing - Assessment of Merged Parcels