(1)

The purpose of these provisions is to facilitate identification, designation, and administration of matters of state interest consistent with the statutory requirements and criteria set forth in C.R.S. 24-65.1-101 et seq., and Guidelines for Identification and Designation approved by the Colorado Land Use Commission, as well as to provide for certain inclusions in the City of Golden's comprehensive plan pursuant to C.R.S. 24-32-111.

(2)

The city council finds that:

(a)

The notice and public hearing requirements of C.R.S. 24-65.1-404, have been followed;

(b)

These provisions are necessary because of the intensity of current and foreseeable development pressures on and within the jurisdiction;

(c)

These provisions were adopted after taking into consideration applicable guidelines adopted and issued by the Colorado Land Use Commission;

(d)

These provisions apply to the entire jurisdiction; and

(e)

These provisions interpret and apply to any provisions adopted for specific areas of state interest and specific activities of state interest which have been, or may be, designated by the city council.

(Ord. 1475, 1999)

The provisions of this chapter are authorized by, inter alia, C.R.S. 24-65.1-101 et seq., 31-23-101 et seq., 29-20-101 et seq., 24-32-111, and Title 31, Article 15, and the Charter for the City of Golden.

(Ord. 1475, 1999)

These provisions shall apply to all proceedings concerning designation by the city council of any area or activity of state interest and any developments affecting any such area or activity of state interest so designated.

(Ord. 1475, 1999)

(1)

Whenever these provisions are found to be inconsistent with any other resolution, ordinance, code, regulation, other enactment or the comprehensive plan of the City of Golden, the enactment imposing the more restrictive standards or requirements shall control.

(2)

In the event that these provisions are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in C.R.S. 24-65.1-202—24-65.1-204., the statutory criteria shall control.

(3)

Chapter 18.44 shall govern nonconforming uses, except as otherwise specifically provided in this chapter.

(Ord. 1475, 1999)

(1)

Each map referred to in any ordinance adopted by the city council designating or regulating a particular area or activity of state interest is deemed incorporated herein as if set out in full.

(2)

Maps referred to in any such ordinance shall be filed with and be available for inspection at the office of the city clerk.

(Ord. 1475, 1999)

Unless otherwise specifically provided, it shall be the duty of the administrator to perform all functions set forth in this chapter.

(Ord. 1475, 1999)

The words and terms used in these provisions for administration of areas and activities of state interest shall have the meanings set forth below unless the context requires otherwise:

Administrator means the director of community and economic development who shall be responsible for the administration of designated matters of state interest within the City of Golden.

Comprehensive plan means the City of Golden comprehensive plan as it may be amended and supplemented from time to time.

Designation means the legal procedure specified by C.R.S. 24-65.1-101, et seq., carried out by the city council.

Development means any construction or activity which changes the basic character or the use of the land on which the construction or activity occurs.

Layman's description means a general, nonlegal description and the popular name, if any, of the tract of land upon which the activity or development is to be conducted. The term "general description" means "layman's description."

Legal description means any description from which it is possible to locate accurately on the ground the boundaries of the land being described.

Matter of state interest means an area of state interest or an activity of state interest or both.

Newspaper of general circulation means the newspaper used by the County of Jefferson to provide legally required public notice in Jefferson County of zoning and land use actions.

Person means any individual, partnership, corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.

Provision means both regulation and guideline as the terms are used in C.R.S. 24-65.1-101, et seq.

Receipt of application means the time at which a completed application is accepted by the city council.

(Ord. 1475, 1999)

(1)

The planning commission may recommend to the city council designation of an area or activity of state interest. The planning commission's recommendation shall be made by resolution.

(2)

In the event that designation of an area or activity of state interest is initiated by the city council, the land use commission, or court order pursuant to subsections 18.80.210(2)—(4) of this chapter, the city council may, in its discretion, refer all materials relating to the matter to be designated to the planning commission for review and recommendations.

(Ord. 1475, 1999)

Designations and amendments or revocations of designations may be initiated in four ways:

(1)

After the planning commission has recommended designating a matter of state interest as provided in section 18.80.205 of this chapter, the city council may designate such matter in accordance with the provisions of this section, the Charter for the City of Golden, and Title 31, Article 16, C.R.S.

(2)

If the city council finds that it would be necessary or advisable to proceed without a recommendation for designation of any matter of state interest by the planning commission, the city council may proceed to designate such matter without receiving a recommendation from the planning commission.

(3)

The Colorado Land Use Commission may submit a formal request to the city council with regard to a specific matter which the Colorado Land Use Commission considers to be of state interest within the City of Golden.

(4)

If designation of any matter of state interest is required pursuant to court order, the city council shall hold a proceeding to adopt such designation. At any time after the designation of any matter of state interest by the city council pursuant to court order, a proceeding to revoke or amend any such designation may be held upon the subsequent order of the same court which ordered the designation.

(Ord. 1475, 1999)

(1)

After designation of an area or activity of state interest as provided in section 18.80.210 of this chapter, the city council shall refer the designation to the planning commission for adoption as part of the comprehensive plan.

(2)

The "careful and comprehensive surveys and studies" upon which the comprehensive plan must be based according to C.R.S. 31-23-207., shall consist of the record of the designation hearing prepared pursuant to section 18.80.235 of this chapter.

(Ord. 1475, 1999)

(1)

After the city council has received a formal request to take action with regard to a specific matter which the Colorado Land Use Commission considers to be of state interest within the local government's jurisdiction, no person shall engage in development in the area or conduct the activity specifically described in such request until designation and regulations for such area or activity are finally determined.

(2)

After a matter of state interest is designated by the city council pursuant to section 18.80.240 of this chapter, no person shall engage in development in the designated area of state interest or conduct the designated activity of state interest until the designation and regulations for such area or activity are finally determined.

(3)

The city council may, in its discretion, impose a moratorium on development in an area of state interest or on conducting an activity of state interest by separate resolution at any time prior to designation pursuant to section 18.80.240 of this chapter.

(4)

The designation and regulations for such area or activity are "finally determined" when:

(a)

The original or the modified ordinance designating such area is reviewed and accepted by the Colorado Land Use Commission, or the Colorado Land Use Commission fails to accept or request modification to such ordinance within 30 days following receipt of such ordinance pursuant to Golden Municipal Code section 18.80.245;

(b)

The Colorado Land Use Commission notifies the city council that it will not issue a formal request for action after the city council has rejected a land use commission recommendation pursuant to section 18.80.245 of this chapter; or the land use commission fails to issue a formal request for action within 30 days of receiving notice of such refusal from the city council pursuant to section 18.80.245;

(c)

The Colorado Land Use Commission notifies the city council that it will not seek judicial review of any refusal by the city council to take action after formal request by the land use commission; or the land use commission fails to seek judicial review within 45 days of receiving notice of such refusal from the city council; or

(d)

A court of competent jurisdiction has finally determined the matter.

(5)

The city council may grant a special exception to the moratorium issued under subsections (1), (2), or (3) pursuant to the following procedures:

(a)

The person proposing development in a designated area of state interest or to undertake a designated activity of state interest shall submit a written application for a special exception indicating the purpose of the proposed development or activity and stating with particularity the substantial hardship that the applicant will suffer if the special exception is not granted.

(b)

Within 30 days of receiving the application, the city council shall hold a public hearing on the application. Notice shall be given at least seven days in advance of such public hearing as follows:

1.

The owner of the property, or agent, shall be notified by U.S. mail; and

2.

Notice of the hearing shall be posted on the property and shall be published in a newspaper of general circulation.

(c)

The city council may grant the special exception and order the issuance of a building permit if it finds all of the following:

1.

That the development or activity is necessary to prevent undue hardship on the applicant;

2.

That the development or activity will not adversely affect the public interest or the purposes of this moratorium; and

3.

That the development or activity would be proper and in accordance with all of the ordinances and regulations of the City of Golden if the moratorium were not in effect.

(6)

Any moratorium imposed under subsections (1), (2), or (3) shall not prohibit the continuation of any legal nonconforming use.

(Ord. 1662, 2004; Ord. 1475, 1999)

(1)

The city council shall hold a public hearing before designating any matter of state interest and adopting regulations for the administration thereof.

(2)

In the event that the Colorado Land Use Commission submits a formal request to take action, such public hearing shall be held within 90 days after receipt by the city council of the formal request.

(3)

The administrator shall prepare a notice of the designation hearing which shall include:

(a)

The time and place of the hearing;

(b)

The place at which materials relating to the matter to be designated and any provisions for the administration thereof may be examined;

(c)

A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included. The notice should include, when practicable, both the legal description of the property as well as any layman's description of the property. If the designation is applicable to the entire City of Golden, the notice shall so state and no other description of the property included in the designation shall be required.

(4)

The administrator shall maintain a mailing list of the names of those persons who have requested that their names and addresses be placed on the list and have paid an annual fee, the amount of which shall be determined from time to time by the city council. Those persons wishing to be placed on such mailing list shall resubmit their names and addresses and pay such fee before January 31 of each year.

(5)

At least 30 days but no more than 60 days before the public hearing, the administrator shall publish the notice in a newspaper of general circulation in the county and shall mail the notice by first class mail to each of the following:

(a)

The Colorado Land Use Commission;

(b)

Persons on the mailing list; and

(c)

All persons who would receive notice if the designation were an amendment of the zoning code or an application for rezoning.

(Ord. 1475, 1999)

(1)

At the public hearing described above, the city council shall consider such evidence as may appear appropriate including, at a minimum:

(a)

The intensity of current and foreseeable development pressures;

(b)

The matters and considerations set forth in any applicable guidelines for identification and designation;

(c)

Model regulations issued by the Colorado Land Use Commission and other state agencies;

(d)

The boundaries of the proposed area;

(e)

Reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner; and

(f)

Any master or comprehensive plan pertaining to or affected by the area or activity under consideration.

(2)

The city council shall hear testimony and receive evidence, including:

(a)

Recommendations of the planning commission, if any; and

(b)

Relevant testimony and documents presented.

(Ord. 1475, 1999)

(1)

The city clerk shall provide for recording of the designation hearing by audiotape, stenographer, or other appropriate means.

(2)

The city clerk shall collect and preserve the following record of the public hearing, at a minimum:

(a)

Notice of hearing;

(b)

Certificate of publication of the notice;

(c)

Names and addresses of persons making written or oral statements, appearing as witnesses, or offering documentary evidence;

(d)

Any documentary evidence or written statements or testimony concerning the identification of the matter of state interest proposed to be designated;

(e)

Written findings concerning each of the matters referred to in subsection 18.80.230(1), above;

(f)

Written minutes of the city council relating to the public hearing; and

(g)

The recording of the hearing prepared pursuant to subsection (1), above, provided that the city is under no obligation to transcribe such recording unless requested and paid for by the requesting party.

(Ord. 1475, 1999)

(1)

At the conclusion of the public hearing, the city council may adopt, adopt with modifications, or reject the proposed designation and associated provisions which were the subject of the public hearing.

(2)

Such action shall be taken by ordinance ordering such designation.

(3)

Each designation ordinance adopted by the city council shall, at a minimum:

(a)

Specify the boundaries of the designated area of state interest or the boundary of the area in which an activity of state interest has been designated;

(b)

State reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner; and

(c)

Specify the administrative provisions applicable to the designated matter of state interest.

(Ord. 1475, 1999)

Upon adoption of a designation ordinance, all relevant materials including the record of any public hearing relating to the designation and regulations, as described in section 18.80.235, above, shall be forwarded by the city council to the Colorado Land Use Commission for review; provided, however, that a transcript of the hearing shall not be provided unless the cost of transcription is reimbursed to the City of Golden by the Colorado Land Use Commission. If within 30 days after receipt of a designation ordinance, the Colorado Land Use Commission has notified the city council that modification of the designation ordinance is required, the city council shall, within 30 days after receipt of the recommended modifications:

(1)

Modify the original ordinance in a manner consistent with the recommendations of the Colorado Land Use Commission and resubmit the ordinance to the Colorado Land Use Commission; or

(2)

Notify the Colorado Land Use Commission that the Colorado Land Use Commission's recommendations are rejected and the reasons therefore.

(Ord. 1475, 1999)

A notice of the designation shall be certified by the city council to the county clerk and recorder for filing in the same manner as any document affecting real property.

(Ord. 1475, 1999)

(1)

It shall be unlawful for any person to engage in development within a designated area of state interest or to conduct a designated activity of state interest without a permit from the city council.

(2)

An application for a permit for such development or activity pursuant to this chapter shall not be accepted unless it is complete. If the application is considered incomplete by the administrator, the administrator shall specify what additional information is required. When a submitted application is considered to be complete by the administrator, the administrator shall note upon the application the date of its receipt.

(3)

When the applicant seeks a permit to engage in development in more than one area of state interest, to conduct more than one activity of state interest, or to engage in development in an area of state interest and to conduct an activity of state interest, the application may be completed for all such activities or developments and may be reviewed by the city council in one consolidated hearing.

(Ord. 1475, 1999)

The application shall be accompanied by an application fee in the amount(s) set forth in the regulation(s) for the matter(s) of state interest involved in the application or in such lesser amount as may be determined by the city council.

(Ord. 1475, 1999)

Not later than 30 days after receipt of a completed application for a permit, the city council shall set and publish notice of a date, time, and place for a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the jurisdiction, not less than 30 nor more than 60 days before the date set for hearing and shall also be given to other persons and entities in the same manner as set forth above for the notice of designation hearing in section 18.80.225 of this chapter.

(Ord. 1475, 1999)

(1)

The city council shall hear testimony and receive evidence, including:

(a)

The recommendations of the administrator and the planning commission, if otherwise required by this chapter; and

(b)

Relevant testimony and documents presented.

(2)

The city clerk shall provide for recording of the hearing by audiotape, stenographer, or other appropriate means.

(3)

The administrator shall collect and preserve the following record of the public hearing:

(a)

The permit application;

(b)

The names and addresses of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence;

(c)

Any documentary evidence or written statements or testimony presented in support of or in opposition to the permit application;

(d)

Any recording or transcript, if any, of the hearing as provided in subsection (2), above, provided that the city is under no obligation to transcribe such recording unless requested and paid for by the requesting party;

(e)

Written minutes of the city council relating to the public hearing;

(f)

The resolution of the city council granting or denying the permit application; and

(g)

A copy of the permit, if issued.

(Ord. 1475, 1999)

(1)

If the city council finds that there is not sufficient information concerning any material feature of a proposed development or activity, the city council may deny the application or it may continue the hearing until the additional information has been received. However, no such continuance may exceed 60 days unless agreed to by the applicant.

(2)

The city council shall approve an application for a permit to engage in development in an area of state interest or for the conduct of an activity of state interest if the proposed development or activity complies with the provisions of this chapter governing such area or activity. If the proposed development does not comply with the provisions of this chapter the permit shall be denied. The city council may impose reasonable conditions and requirements upon approval of the permit to assure compliance with such provisions.

(3)

The city council shall reach a decision on a permit application within 120 days after the completion of the permit hearing, or the permit shall be deemed approved. Final action approving or denying a permit application shall be by resolution stating the city council's reasons for its decision and its findings and conclusions.

(Ord. 1475, 1999)

(1)

The permit shall be issued on the form adopted by the administrator.

(2)

The permit may be issued for an indefinite term or for a specified period as determined by city council.

(3)

Copies or notice of the permit shall be sent to the Colorado Land Use Commission and to any other person requesting a copy thereof on payment of the cost of reproduction.

(4)

A certified copy of the permit shall be forwarded by the city council to the county clerk and recorder for recording in the same manner as any other document relating to real property.

(Ord. 1475, 1999)

(1)

As a condition of issuing any permit, the city council may, in its discretion, require the applicant to file a guarantee of financial security deemed adequate by the city council and payable to the City of Golden.

(2)

The purpose of such financial guarantee shall be to assure that the applicant or permittee shall faithfully perform all requirements of the permit or applicable provisions adopted by the city council.

(3)

The amount of such financial guarantee shall be established by the city council upon consideration of the following criteria:

(a)

The estimated cost of returning the site of the permitted development or activity to its original condition or to a condition acceptable to the City of Golden for the matter of state interest for which the permit is being granted; and

(b)

The estimated cost of completing the permitted development or activity; and

(c)

The estimated cost of complying with any conditions of the permit.

(4)

The financial guarantee may be in the form of an irrevocable letter of credit, performance bond, or escrow of either cash or corporate or municipal bonds rated at least AA by Standard and Poors or an equivalent rating by Moody's, with such escrow agreement as is acceptable to the city attorney, subject to the following terms and conditions:

(a)

The city council may require that a cash deposit in an amount up to ten percent of the financial guarantee be provided to the city treasurer to be placed in a separate interest- bearing account.

(b)

The irrevocable letter of credit, performance bond, or escrow shall provide a financial guarantee that the permittee will fulfill all obligations under the terms of the permit. Letters of credit acceptable hereunder shall have an expiration date no sooner than six months following the scheduled completion of the permitted development.

(c)

The surety issuing a performance bond shall have at least an "A" Rating from Moody's or an equivalent rating as designated by a nationally recognized rating firm, and shall additionally be included in the most recent listing of companies holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, Department of Treasury, Circular 570.

(d)

The surety issuing an irrevocable letter of credit must maintain an office or corresponding bank within 50 miles of the City of Golden, and shall have a current rating of 125 or better from IDS Financial Services, Inc., or otherwise be approved by the city treasurer.

(e)

The permittee shall not have greater than a ten-percent ownership or managerial control over the surety issuing any financial guarantee.

(f)

The permittee may request, and the city shall grant, reductions in the financial guarantee for development constructed and initially accepted by the city, provided, however, that sufficient proportional security remains to ensure completion of all remaining obligations.

(5)

The financial guarantee may be released only when:

(a)

The permit has been surrendered to the city council before commencement of any physical activity on the site of the permitted development or activity;

(b)

The development or activity has been abandoned and the site thereof has been returned to its original condition or to a condition acceptable to the city council in accordance with standards adopted by city council for the matter of state interest for which the permit is being granted;

(c)

The project has been satisfactorily completed; or

(d)

Applicable guaranteed conditions have been satisfied.

(6)

Any financial guarantee may be cancelled by a surety only upon receipt of the city council's written consent, which consent may be granted only when such cancellation will not compromise the purposes of the security.

(7)

In the event that, prior to release of a financial guarantee filed pursuant to this chapter, the license to do business in Colorado of the surety upon financial guarantee is suspended or revoked by any state authority, the financial guarantee should expire, the surety issuing the financial guarantee becomes nonqualifying, or the cost of completing the permitted development, or returning the site to an acceptable condition, is reasonably determined by the city to be greater than the amount of the financial guarantee provided, then the city shall furnish the permittee with written notice of such conditions, and within 30 days of receipt mailing of such notice, the permittee shall provide the city with a substituted qualifying financial guarantee, or augment the deficient security to achieve the required security. If such financial guarantee is not timely furnished, then the permit may be suspended by the city pending compliance herewith.

(8)

If the city council determines that a financial guarantee should be forfeited because of any violation of the permit or any applicable provisions adopted by the city council, it shall provide written notice to the surety and to the permittee and shall order the financial guarantee forfeited.

(9)

The cash deposit described in subsection (4)(a) may be used by the City of Golden in the event of the default or alleged default of the permit holder only for the purposes of recovering on the surety or fulfilling the permit obligations of the permit holder. In the event that the ultimate reviewing court determines that there has been no default by the permit holder, that portion of any moneys expended by the City of Golden shall be replaced in the separate interest-bearing account described in subsection (4)(a) by the City of Golden immediately following such determination. The City of Golden may arrange with a lending institution, which provides money for the permit holder, that said institution may hold in escrow any funds required for said cash deposit. Funds shall be disbursed out of escrow by the institution to the City of Golden upon the city council's demand for the purposes specified in this section.

(10)

If the forfeiture results in inadequate revenues to cover the costs of accomplishing the purposes of the financial guarantee, the city attorney shall take such steps as he deems appropriate to recover such costs where recovery is deemed possible.

(Ord. 1475, 1999)

(1)

When it comes to the attention of the city council that the provisions of any permit or the terms of any provision for administration have been violated by the holder of the permit, the city council may temporarily suspend the permit for a period of 30 days. Before making such a temporary suspension, the city council shall give the permit holder written notice of the specific violation and shall allow the permit holder a period of at least 15 days to correct the violations. If the permit holder does not concur that he is in violation, he shall, within 15 days of his receipt of said notice, show cause to the city council why temporary suspension should not be ordered. A hearing shall be held within said 30-day period pursuant to subsection (2), below.

(2)

Either prior to or subsequent to a temporary suspension, the city council may permanently revoke or suspend the permit after conducting a public hearing in substantially the same manner and after substantially the same notice as for permit hearings, and if it finds:

(a)

A violation of the provisions of the permit or any applicable provision for administration which may have been adopted by this city council; or

(b)

That the applicant has failed to take substantial steps to initiate the permitted development or activity within 12 months from the date of the permit or, if such steps have been taken, the applicant has failed to complete the development or activity with reasonable diligence.

(Ord. 1475, 1999)

(1)

Any person engaging in a development in a designated area of state interest or conducting a designated activity of state interest who does not obtain a permit pursuant to these provisions for administration, who does not comply with permit requirements, or who acts outside the authority of the permit, may be enjoined by the City of Golden or the Colorado Land Use Commission from engaging in such development or conducting such activity.

(2)

The remedies available pursuant to this section shall be in addition to any remedies available pursuant to chapter 18.08.

(Ord. 1475, 1999)

Where interpretation is needed as to the exact location of the boundary of any designated area and where there appears to be a conflict between a mapped boundary and actual field conditions, the city council shall make the necessary determination of the boundary. Any person contesting the location of the boundary shall be given an opportunity to present his case to the city council.

(Ord. 1475, 1999)

(1)

The city council or the administrator is hereby empowered and directed to inspect and examine the use, occupation or development of or activity in each and every area or activity subject to these provisions for the purpose of determining from time to time whether or not any use, occupation, development or activity is in violation of any of the provisions of this chapter or of any permit issued or required pursuant to this or other applicable provisions.

(2)

If a violation is found to exist, said city council or its authorized representative shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable provisions; provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in the provisions; and provided further, that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of this or other applicable provisions in any court action instituted seeking full compliance therewith.

(Ord. 1475, 1999)

(1)

The denial of a permit by the city council shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.

(2)

All other actions by the city council pursuant to this chapter shall be subject to judicial review to the extent provided by chapter 18.12, "appeals and variances under title 18."

(Ord. 1475, 1999)

The city council, having considered the intensity of current and foreseeable development pressures and applicable guidelines for identification and designation adopted and issued by the Colorado Land Use Commission, hereby designates site selection of arterial highways and interchanges and collector highways as a matter of state interest regulated pursuant to the provisions of this chapter.

(Ord. 1653, 2004)

The site selection of any arterial highway or interchange or collector highway within the boundaries of the City of Golden shall be subject to this designation and regulation.

(Ord. 1653, 2004)

(1)

The purpose and intent of the designation and regulations contained in this chapter shall be to:

(a)

Facilitate the local administration of site selection of arterial highways and interchanges and collector highways by establishing requirements that must be met before a site may be selected;

(b)

Ensure that community traffic needs are met;

(c)

Provide for the continuation of desirable local and regional community patterns in the face of regional development pressures;

(d)

Discourage expansion of demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by the City of Golden;

(e)

Prevent direct conflicts with local, regional, and state master plans;

(f)

Ensure that highway development is compatible with surrounding land uses;

(g)

Encourage the coordination of highway planning with the comprehensive plan and avoid highway construction which divides existing communities;

(h)

Discourage traffic hazards and congestion;

(i)

Ensure that traffic noise, air, and water pollution remain at acceptable levels;

(j)

Protect property values; and

(k)

Protect scenic, recreational, natural, historical, and archaeological resources, including the mountain backdrop and historic districts in and around the City of Golden.

(2)

These regulations and the guidelines and requirements contained herein are adopted in furtherance of the authority set forth in Title 24, Article 65.1 of the Colorado Revised Statutes, and the City of Golden home rule powers. To the extent that these guidelines and regulations contain requirements that are more stringent than the requirements of the criteria listed in C.R.S. 24-65.1-204, reference is made to the authority set forth in C.R.S. 24-65.1-402(3).

(Ord. 1653, 2004)

(1)

These regulations shall apply to the site selection of all arterial highways and interchanges and collector highways.

(2)

Any person seeking to select a site for an arterial highway or interchange or collector highway in the City of Golden shall obtain a permit pursuant to these regulations prior to seeking any other permit or other action by the City of Golden.

(Ord. 1653, 2004)

As used in sections 18.80.600 to 18.80.670, the definitions set forth in section 18.80.140 of this chapter and the below listed definitions shall apply.

Applicant means any person proposing to locate an arterial highway or interchange or collector highway within the City of Golden.

Arterial highway means any limited-access highway which is part of the federal-aid interstate system or any limited-access highway constructed under the supervision of the Colorado Department of Transportation.

Alternative mode of transportation means any mode of transportation other than a single occupancy vehicle.

Collector highway means a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers or recreation areas, or industrial centers that is constructed under guidelines and standards established by, or under the supervision of, the Colorado Department of Transportation. Collector highway does not include a city street or local service road or a county road designed for local service and constructed under the supervision of local government.

Constructed under guidelines and standards established by or constructed under the supervision of the Colorado Department of Transportation each shall include, without limitation, any of the below-listed forms of participation by the Colorado Department of Transportation:

(a)

The Colorado Department of Transportation or any entity formed directly or indirectly by, or by contract or agreement with (including, without limitation, any enterprise formed under Article 4 of Title 43 of the Colorado Revised Statutes or nonprofit entity formed by such enterprise), the Colorado Department of Transportation or the Colorado Transportation Commission:

1.

Is an applicant;

2.

Sells, leases, loans, donates, grants, conveys, assigns, transfers or otherwise provides any real or personal property or interests therein used or to be used in the proposed construction, modification or expansion of the arterial highway or interchange or collector highway including transfer or assignment of any contract to the applicant that may have been awarded for the proposed construction, modification or expansion of the arterial highway or interchange or collector highway;

3.

Delegates authority to the applicant or is a signatory to any intergovernmental agreement or other form of contract, agreement, conveyance, delegation or authorization required for the applicant to construct, modify or expand the arterial highway or interchange or collector highway; or

4.

Performs or funds any planning, design, study, construction, supervision or maintenance functions associated with all or any portion of the construction, modification or expansion of the arterial highway or interchange or collector highway; or

(b)

A state highway access permit from the Colorado Department of Transportation is necessary for access from the proposed construction, modification or expansion of the arterial highway or interchange or collector highway to a state highway either within or outside the City of Golden.

Construction, modification, or expansion means, as the context requires, the activity involved in constructing or reconstructing, or modifying or expanding an arterial highway or interchange or collector highway, the completed construction, reconstruction, modification, or expansion of the arterial highway or interchange or collector highway, or both.

Development means any construction or activity which changes the basic character or use of the land on which the construction or activity occurs.

Impact area means that area within the region and the City of Golden which is served or potentially could be served by the highway facility.

Interchange means the intersection of two or more highways, roads, or streets at least one of which is an arterial highway. At such intersection there must be direct access to and from the arterial highway.

Limited-access highway means a highway which gives preference to through traffic by providing access connection with selected roads only. A highway may be considered a "limited access highway" even though it has some crossings at grade and private driveway connections.

Nonconforming use means a use in existence at the time of the adoption of these regulations which use, were it a new use, would be one for which a permit would be required under this chapter.

Site selection means the identification of a corridor located entirely or partially within the City of Golden in which:

(a)

Construction of an arterial highway or interchange or collector highway is proposed; or

(b)

Expansion or modification of an existing arterial highway or collector highway is proposed that would result in:

1.

An increase in highway capacity by at least one lane through widening or alternative lane configurations, or an equivalent increase in capacity produced by access controls, technological or other types of highway improvements; or

2.

The elimination of direct, at grade access from a public road or street within the City of Golden to such existing arterial or collector highway; or

(c)

Expansion or modification of an existing highway is proposed which would result in a change in classification to "collector highway" or "arterial highway" as defined in this chapter.

(Ord. 1653, 2004)

The provisions of this chapter shall not apply to, or affect the site selection of, any arterial highway or interchange or collector highway that has obtained all necessary federal, state, and local permits and approvals and construction of which has commenced within the City of Golden prior to April 19, 2004, the effective date of this regulation.

(Ord. 1653, 2004)

(1)

Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of the City of Golden or other state or federal laws and regulations. In no event shall the approval of a permit under this chapter be considered a representation by the City of Golden, its staff members or consultants or the city council members that the proposed construction, modification or expansion compiles with such federal, state or local guidelines and regulations or shall such approval otherwise give rise to any claim against the City of Golden, its staff members or consultants or city council members related to the failure of an applicant to comply therewith.

(2)

To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.

No person may select a site for an arterial highway or interchange or collector highway within the boundaries of the City of Golden without first obtaining a permit pursuant to these regulations. The permit shall be effective only for the period of time specified by the permit.

(Ord. 1653, 2004)

Permit applications, notice and conduct of permit hearings, review of city council decisions, and the issuance of permits to engage in the site selection of arterial highways and interchanges and collector highways shall comply with the procedures set forth in sections 18.80.300 to 18.80.340 and 18.80.420 of this chapter.

(Ord. 1653, 2004)

(1)

Any person, seeking to select a site for an arterial highway or interchange or collector highway in the City of Golden shall apply for a permit from the city council on the permit application form adopted by the administrator.

(2)

Any person seeking to expand or modify an existing arterial or collector highway, or other major roadway within the city may seek a determination from the administrator whether the proposed expansion or modification qualifies as a "site selection" under the provisions of this chapter, by providing to the administrator the information set forth in subsections 18.80.655(3)(a),(b), and (c). The administrator shall render a determination on the proposed expansion or modification within 30 days of receipt of the above listed information. An appeal by the prospective sponsor of the administrator's determination that a permit is required may be made to the city council based upon the provisions of section 18.12.040.

(3)

Any application for a permit for site selection of an arterial highway or interchange or collector highway shall be accompanied by nonrefundable certified funds in the amount necessary to cover the costs incurred in the review and approval of the permit application, including all hearings conducted therefore, but shall not exceed ten percent of the total cost of the project for which a permit is sought.

(Ord. 1653, 2004)

An application for a permit for site selection of an arterial highway or interchange or collector highway shall consist of four copies of the below listed documents and information.

(1)

Completed permit application form;

(2)

A list of all reasonable alternative corridor locations for the proposed construction, expansion, or modification of the arterial highway or collector highway or a list of all reasonable interchange locations or design alternatives; and

(3)

For the proposed and all reasonable alternative corridor locations or all reasonable alternative interchange locations or designs, the information specified below:

(a)

A general description of the proposed corridor location or interchange location or design, with a discussion of the advantages and disadvantages of this alternative;

(b)

A location map showing the corridor or interchange location and general area;

(c)

Any proposal, study, or other documentation which includes:

1.

Type, scale and appearance of the improvement;

2.

Cost estimate; and

3.

Approximate timetable for construction and right-of-way acquisition;

(d)

Demographic information in the regional impact area and within the City of Golden, including:

1.

Estimated current population and density;

2.

Total employment, occupation types, and major employer locations;

3.

Average family income; and

4.

Population projections in five-year increments over the next 20 years;

(e)

The need for the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(f)

Major traffic generators in the regional impact area and the City of Golden;

(g)

The planned level of service in relationship to projected user demand, both regionally and within the City of Golden;

(h)

A map(s) and description of existing land use in the impact area, both regionally and within the City of Golden, in relationship to the existing circulation system and the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(i)

A map(s) of the regional impact area and the impact area within the City of Golden showing planned, proposed, or expected land use at each year of population projection provided pursuant to subsection (d)4. above, with and without the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(j)

The approximate number of users of the proposed corridor or interchange location in terms of existing city residents, new city residents, and non-city residents;

(k)

Plans for promoting the use of alternative modes of transportation;

(l)

Anticipated noise levels resulting from the new or modified arterial highway or interchange or collector highway including noise levels expressed through eight-hour and 24-hour equivalent sound level metrics, as well as single event noise metrics;

(m)

The local and regional air quality impacts of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway including attainment of federal and state ambient air quality standards and risks to human health and the environment posed by air pollutants including, but not limited to, formaldehyde, benzene, 1,3-butadiene, diesel particulates and other fuel combustion by-products;

(n)

The impacts of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway on accessibility to and from existing public facilities, commercial and industrial facilities, and residential areas, both regionally and within the City of Golden;

(o)

Any health and safety hazards, including exposure to hazardous materials, which may result from the siting of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(p)

How the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway and its impacts will conform to the comprehensive plan goals, objectives and policies;

(q)

How the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway and its impacts will conform to any applicable regional and state plans, goals, objectives, and policies;

(r)

The development potential that would result in the regional impact area and within the City of Golden with and without the completion of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway, measured in terms of: land values, land availability, land use controls, vacancy rates and indices of accessibility to school/education, utility service, other public and quasi-public services, local and regional amenities and employment opportunities and the demographic indices identified in subsection (d) above;

(s)

The increased demand that the potential development described in subsection (r) above will place on the following public services both regionally and within the City of Golden: other roadways, mass transit, trail, bike paths and other transportation, housing, employment, schools, commercial services, health services, police and fire protection, solid waste disposal, water supply systems, wastewater collection and disposal systems, stormwater collection and release systems, power, communications, parks, open-space and recreation, other public and quasi-public utilities, and other planned public services;

(t)

The costs and benefits to the region and to the City of Golden resulting from the land use commitment necessitated or facilitated by the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway compared to alternative projected land uses in terms of land suitability, transportation, community services, utilities, and revenues;

(u)

Alternatives which may be utilized by the City of Golden in planning for and controlling adjacent land use;

(v)

Local and regional impacts of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway on water quality and water resources, including effects on floodplains and wetland values and functions;

(w)

The impact of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway on historic properties and districts or other historic resources in the City of Golden and the region;

(x)

Impacts of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway on wildlife and fisheries, sensitive, endangered or threatened species and scenic, parks, recreational, archeological, paleontological, or other natural resources, including, but not limited to, the mountain backdrop;

(y)

Impacts of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway on the character of adjacent or nearby neighborhoods or development, as well as the impacts of increased division or separation of neighborhoods caused by the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(z)

All feasible alternatives for mitigating adverse effects of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway described above including, but not limited to, effects on the level of public services, access to public services, division of existing communities, water quality, air quality, noise levels, and scenic, historical, recreational, archeological or natural resources. Mitigation alternatives to be considered include, but are not limited to:

1.

Alternative locations, configurations, and access for the highway or interchange, including, but not limited to, grade separated interchanges and complete or partial construction below grade with cover and landscaping suitable for recreational use or for construction of city streets, bike paths or pedestrian walkways;

2.

Alternative pavement types;

3.

Alternative highway maintenance and snow removal methods;

4.

Sound walls and other sound mitigating structures, such as transparent noise barriers;

5.

Berms;

6.

Landscaping;

7.

Speed limits;

8.

Speed control devices;

9.

Limits on the use of compression brakes; and

10.

wildlife crossings and pedestrian bridges.

(Ord. 1653, 2004)

(1)

The administrator may waive any part but not all of the submission requirements imposed by this regulation upon written petition of the applicant. In considering the requested waiver, the administrator shall consider:

(a)

The scope of the site selection proposal.

(b)

Whether providing the information requested to be waived would be unduly burdensome to the applicant.

(c)

Whether, without the information requested to be waived, the application contains sufficient information to allow the city council to reach a decision on all criteria necessary to issue a permit.

Any waiver granted by the administrator shall not preclude the city council from requiring the submission of any additional information or materials related to the site selection proposal.

(2)

Submission requirements set out in subsections (2) and (3) of section 18.80.655 of this chapter may be satisfied in whole or in part by submission of an environmental assessment or a draft or final environmental impact statement if:

(a)

Such assessment or statement is required for compliance with the National Environmental Policy Act or Federal Highway Administration regulations;

(b)

The administrator determines that such assessment or statement provides substantially the same information required under subsections (2) and (3) of section 18.80.655; and

(c)

Such assessment or statement uses appropriate data and methodologies to allow adequate review of the permit application under these regulations.

(Ord. 1653, 2004)

The city council shall approve an application for a permit for site selection of an arterial highway or interchange or collector highway in the City of Golden only if the proposed construction, modification, or expansion complies with these regulations, other relevant federal, state, and local guidelines and regulations and meets all the following requirements and criteria:

(1)

All of the provisions of the permit application procedure have been complied with;

(2)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will be located so that community traffic needs are met and will preserve at grade access from city streets to the extent necessary to meet community traffic needs and to avoid unacceptable division of existing communities;

(3)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will be located only in a corridor for which a clear and reasonable local and regional need for such highway facilities has been demonstrated;

(4)

Reasonable alternative modes of transportation will be incorporated into the highway proposal;

(5)

Desirable local and regional community land use patterns will not be disrupted due to the location of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(6)

The location of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not impede the delivery of essential community services and goods;

(7)

The proposed location and access limitations for the new or modified arterial highway or interchange or collector highway will not isolate community neighborhoods from, and, where practicable, will enhance access from community neighborhoods to, public facilities including the downtown area, schools, hospitals, mass transit, pedestrian walkways, and bikeways, recreational areas and open spaces;

(8)

The proposed location and access limitations for the new or modified arterial highway or interchange or collector highway will not restrict access via other roadways, mass transit facilities, pedestrian walkways, and bikeways to the downtown area local commercial services, business, and employment centers, and public facilities including schools, hospitals, recreational areas and open spaces;

(9)

The proposed location and access limitations for the new or modified arterial highway or interchange or collector highway will not create safety hazards to motorists, pedestrians, or bicyclists by causing or contributing to overuse, improper use, or congestion, or cause unnecessary diversion of regional traffic onto other city roadways or inappropriate or inadequate connections to pedestrian and bicycle routes;

(10)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highways will not directly conflict with applicable local, regional, and state master plans, including, but not limited to transportation plans;

(11)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will be located and implemented in accordance with the comprehensive plan;

(12)

The location of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not contribute to the expansion of demand for public services beyond the reasonable capacity of the City of Golden or the region to provide such services;

(13)

The location of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not contribute to the expansion of regional or local demand for public utilities beyond the reasonable capacity of the utility companies or authorities to provide such services;

(14)

The proposed construction, modification, or expansion of the arterial highway or interchange or collector highway will be located so as to complement the compact and efficient extension of planned public services, utilities, and development in general, both regionally and within the City of Golden;

(15)

The site selection for the arterial highway or interchange or collector highway will adhere to the plan, process, procedure, and requirements of the State of Colorado and the Federal Highway Administration and such construction, expansion, or modification will be included in the Denver Metropolitan Regional Transportation Plan;

(16)

The benefits of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway, including expected development in the regional and local impact areas, will outweigh the social, fiscal, and environmental impact and the loss of any scenic, historical, archeological, or natural resources or agricultural lands rendered unavailable as a result of the location of the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway;

(17)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not increase water pollution levels in violation of applicable federal, state, and local water quality control standards and will result in no net loss of wetland values and functions;

(18)

The maximum anticipated use over the next 20 years of the new or modified arterial highway or interchange or collector highway will not increase air pollution levels beyond applicable federal or state ambient air standards or to levels that pose unacceptable risks to human health and the environment, and will conform to the vehicle emissions budget of the state implementation plan;

(19)

Noise levels caused by the new or modified arterial highway or interchange or collector highway will not exceed 55 decibels as measured by a 24-hour equivalent sound level metric at any residence, school, church, or other noise-sensitive location, unless the city council determines that meeting such sound level is infeasible, that all feasible avoidance or mitigation measures will be incorporated, and the public benefit of any new or modified arterial highway or interchange or collector highway necessitates the proposed construction, expansion or modification of the arterial highway or interchange or collector highway.

(20)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not result in the destruction, impairment, or significant alteration of historic properties or districts with the City of Golden as determined pursuant to chapter 18.58 of the Golden Municipal Code;

(21)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not significantly or unnecessarily detract from the mountain backdrop or other significant scenic resources within the City of Golden or the region;

(22)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will be designed to avoid or minimize visual impacts, including views of the highway or interchange from residential areas, and to blend into the surroundings. Interchanges will be attractively landscaped and will identify major gateways to the city of golden consistent with the comprehensive plan; and

(23)

If the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway includes the imposition of tolls, any existing state roads which have historically provided free access within the city limits will continue to provide free and non-tolled access; and

(24)

The proposed construction, expansion, or modification of the arterial highway or interchange or collector highway will not result in a design speed of greater than 45 miles per hour, unless the city council finds that achieving such design speed is infeasible and all feasible mitigation of the adverse effects of higher speeds (including, without limitation, noise levels, air quality and safety) will be incorporated, and the public benefit of any new or modified arterial highway or interchange or collector highway necessitates the proposed construction, expansion or modification of the arterial highway or interchange or collector highway.

(Ord. 1653, 2004)

The city council shall deny the permit if the proposed construction, expansion, or modification of the arterial highway or interchange or collector highway does not meet all of the criteria set out in section 18.80.665 of this chapter.

(Ord. 1653, 2004)