The regulations found in this Article may be referred to generally as the 1041 Regulations, unless the specific regulations adopted for the designated area or activity of state interest has a designated name found in this Chapter. All citations hereto shall be with reference to the Keenesburg Municipal Code, as set forth herein.

(Ord. 2023-07, 2023, § 1)

(a)

Purpose and intent. The purpose and intent of these Section 1041 Regulations 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.

(b)

Findings. With respect to these 1041 Regulations, the Town Board finds as follows:

(1)

The 1041 Regulations are necessary because of the intensity of current and foreseeable development pressures on and within the Town and to promote the health, safety and welfare of the citizens, and to protect the environment and wildlife of the Town of Keenesburg;

(2)

The 1041 Regulations apply to the entire incorporated territory of the Town;

(3)

The 1041 Regulations enable development to occur; and

(4)

The 1041 Regulations interpret and apply to any regulations adopted for specific areas of state interest and specific activities of state interest which have been or may be designated by the Town Board.

(Ord. 2023-07, 2023, § 1)

The 1041 Regulations are authorized by and through the Colorado Areas and Activities of State Interest Act ("AASIS"), C.R.S. §§ 24-65.1-101, et seq. and the Colorado Local Government Land Use Enabling Act, C.R.S. §§ 29-20-101, et seq., including, without limitation, C.R.S. § 29-20-104.

(Ord. 2023-07, 2023, § 1)

These 1041 Regulations shall apply to all proceedings concerning identification and designation of any developments in any area of state interest or any activity of state interest which has been or may hereafter be designated by the Keenesburg Town Board, and the control of development in any such area or activity within the Town, unless specifically excepted pursuant to the provisions of the regulations in this Chapter.

(Ord. 2023-07, 2023, § 1)

The portions of the 1041 Regulations authorized exclusively under Section 24-65.1-101, et seq., C.R.S., shall not apply to any development in an area of state interest or any activity of state interest that meets any one (1) of the following conditions, as of the effective date of the Ordinance adopting 1041 Regulations: (a) the specific development or activity was covered by a current building permit issued by the Town; (b) the specific development or activity had been approved by the electorate of the Town; or (c) the specific development or activity is to be on land: (i) which has been conditionally or finally approved by the Town for planned unit development or for a use substantially the same as planned unit development; (ii) which has been zoned by the Town for the use contemplated by such development or activity; or (iii) with respect to which a development plan has been conditionally or finally approved by the Town.

(Ord. 2023-07, 2023, § 1)

(a)

More restrictive Town standards or requirements control. Whenever the 1041 Regulations are found to be inconsistent with any other applicable resolution, ordinance, code, regulation or other enactment of the Town, the enactment imposing the more restrictive standards or requirements shall control.

(b)

Statutory criteria in C.R.S. § 24-65.1-202 and § 24-65.1-204, control if the 1041 Regulations are less stringent. In the event the 1041 Regulations 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 and § 24-65.1-204, the statutory criteria shall control.

(c)

The 1041 Regulations control if statutory criteria is found to be less stringent in C.R.S. § 24-65.1-202 and § 24-65.1-204. In the event the 1041 Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in C.R.S. § 24-65.1-202 and § 24-65.1-204, these 1041 Regulations shall control pursuant to the authority of C.R.S. § 24-65.1-402(3).

(d)

The 1041 Regulations set forth in this Article control in cases of overlapping requirements of this Code. Where the 1041 Regulations set forth in this Article overlap with other applicable regulations in this Code, then the 1041 Regulations set forth in this Article control.

(e)

The 1041 Regulations are in addition to, and not in lieu of, other regulations of the Town. The 1041 Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of the Town, including, without limitation, the annexation, zoning, subdivision, replats, planned unit development, land use permits, intergovernmental agreements, individual sewage disposal system, access permitting, grading permits, building permits, and Comprehensive Plan portions of this Code.

(Ord. 2023-07, 2023, § 1)

Unless otherwise specifically provided for, it shall be the duty of the Town Board to perform all of the functions set forth in this Article, and those specified in subsequent Articles of this Chapter relating to topics addressed in these 1041 Regulations. The Town Board shall also be generally empowered to hear appeals from any person aggrieved by any decision of the Town Manager made in the course of administering these 1041 Regulations, according to those procedures provided for the subject matter.

(Ord. 2023-07, 2023, § 1)

If any Section, subsection, paragraph, sentence, clause or phrase of this Article is for any reason held or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions. The Town Board hereby declares that it would have passed the regulations codified herein and each and every section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared to be unconstitutional or invalid.

(Ord. 2023-07, 2023, § 1)

The words and terms used in these 1041 Regulations for administration of areas and activities of state interest shall have the meanings set forth below, unless the context requires otherwise:

Designation means only that legal procedure specified by C.R.S. § 24-65.1-401, et seq., and specified in this Article as carried out by the Keenesburg Town Board.

Development means any construction or activity which changes the basic character or the use of improved or unimproved real property, as determined in accordance with the provisions of this Chapter 16. These activities include but are not limited to grading, paving, mining, excavating, construction; moving vehicles, equipment or structures on site; making a substantial improvement to an existing structure, or the addition of a new structure, or a change in use of a building or the property, for example. Development may necessitate a land use permit and/or other permits to be issued by the Town of Keenesburg. Development of oil and gas locations within the Weld mineral resource area requires a permit issued permit to Article IX and compliance with Development Standards in Article X of this Chapter.

(Ord. 2023-07, 2023, § 1)

Designations and amendments of designations may be initiated in two (2) ways:

(1)

The Town Board may in its discretion designate and adopt regulations for the administration of any matter of state interest.

(2)

The Planning Commission may, on its own motion or upon request by the Town Board, recommend the designation of matters of state interest. The Town Board shall decide, in its sole discretion, whether or not to designate any or all of the requested matters of state interest pursuant to statutory procedures.

(Ord. 2023-07, 2023, § 1)

(a)

The Town Board shall hold a public hearing before designating any matter of state interest and adopting regulations for the administration thereof. Such hearing shall be scheduled and notice of such hearing shall be given as set forth below.

(b)

The Town Board, in its discretion, may request that the Planning Commission hold a hearing and provide a recommendation to the Board on the proposed designation prior to the Board's hearing. Notice of any hearing before the Planning Commission shall be published according to this Title of the Municipal Code. The Planning Commission shall preserve a record of its proceedings and shall make a written report of its recommendations, if any, to the Board, which report shall be advisory only.

(Ord. 2023-07, 2023, § 1)

(a)

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

(1)

The time and place of the hearing.

(2)

The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined.

(3)

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.

(b)

At least thirty (30) days but no more than sixty (60) days before the public hearing, the Town Board shall publish the notice one (1) time in the newspaper of general circulation in the County designated by the Board as the Town's legal newspaper.

(Ord. 2023-07, 2023, § 1)

At the public hearings on designation, the Planning Commission, to the extent applicable, and the Town Board shall consider such evidence as they deem appropriate, including, but not limited to, testimony and documents addressing the following considerations:

(1)

The intensity of current and foreseeable development pressures.

(2)

The matters and considerations set forth in any applicable guidelines.

(3)

The boundaries of any area proposed for designation.

(4)

The reasons why the particular area or activity is of state interest, the adverse impacts that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantage of development of such area or conduct of such activity in a coordinated manner.

(5)

The extent to which other governmental entities regulate the area or activity proposed to be designated.

(6)

The applicable criteria for administration of the proposed area or activity as set forth in these regulations and Section 24-65.1-201, et seq., C.R.S.

(7)

The legislative declarations stated in Sections 24-65-102, 24-65.1-101 and 29-20-102, C.R.S.

(8)

The Town's Comprehensive Plan, intergovernmental agreements, or any other municipal master or comprehensive plan adopted as part of, pertaining to, or affected by the area or activity under consideration.

(Ord. 2023-07, 2023, § 1)

(a)

At the public hearing on designation, the Planning Commission, to the extent applicable, and the Town Board shall receive into the public record:

(1)

Testimony and evidence from any and all persons or organizations desiring to appear and be heard, including Town staff.

(2)

Any documents that may be offered.

(3)

The recommendations of the Planning Commission, if any.

(b)

The Board may impose reasonable time limitations on testimony, and may invite persons representing the same point of view to consolidate their presentations. The Colorado Rules of Civil Procedure will not govern the conduct of the hearing, which is legislative in nature and shall be in ordinance form as an addition to this Chapter of the Keenesburg Municipal Code.

(Ord. 2023-07, 2023, § 1)

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

(1)

A copy of the notice of the hearing.

(2)

The certificates of publication of the notice of the hearing.

(3)

The names and addresses of persons who presented written or oral statements or offered documentary evidence.

(4)

Any written statements or documents presented in support of or in opposition to the proposed designation of the matter of state interest.

(5)

Any recording or transcript, if any, of the hearing.

(6)

The order of designation of the area or activity of state interest.

(7)

A map or maps depicting each area of state interest designated.

(Ord. 2023-07, 2023, § 1)

(a)

At the conclusion of the hearing, or within thirty (30) days thereafter, the Town Board may adopt, adopt with modification or reject the proposed designation which was the subject of the public hearing. If designation and regulation under Section 24-65.1-101, et seq., C.R.S., is rejected, the Town Board may regulate the matter under any other available land use control authority or it may reject the regulation of the matter entirely.

(b)

Such action adopting the designation of an area or activity of state interest shall be taken by ordinance.

(c)

In the event the Town Board finally determines that any matter is a matter of state interest, it shall be the Board's duty to adopt regulations for the administration thereof by ordinance.

(d)

Each designation order adopted by the Town Board shall:

(1)

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.

(2)

State reasons why the designation is appropriate in light of the factors specified above to be considered at the public hearings.

(3)

Specify the regulations applicable to the designated matter of state interest.

(e)

Adoption of regulations adopted after designation of a matter of state interest shall be enacted by Code amendment through adoption of a Code ordinance change.

(Ord. 2023-07, 2023, § 1)

A notice of the designation shall be certified by the Town Board to the Weld County Clerk and Recorder and shall be filed in the same manner as any document affecting real property.

(Ord. 2023-07, 2023, § 1)

After a matter of state interest is designated pursuant hereto, no person shall engage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by C.R.S. § 24-65.1-404(4).

(Ord. 2023-07, 2023, § 1)

If a person proposes to engage in development in an area of state interest or to conduct an activity of state interest not previously identified, designated or for which regulations have not been adopted or for which amendments are pending, the Town Board alone may hold one (1) hearing for determination of identification, designation and regulations as well as for granting or denying the permit. No permit that is granted at the conclusion of any such hearing shall have the authority to engage in development or to conduct an activity until the identification, designation and regulations are finally determined.

(Ord. 2023-07, 2023, § 1)