To: Honorable Mayor and Members of Town Council
From: David L. Corliss, Town Manager
Title
Update: 1041 Regulations - Open House August 2, 2021, 4:30 to 6:00 p.m.
Body
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Executive Summary
An important aspect of the Town’s ability to ensure an adequate road system and also protect our water, wastewater and stormwater assets is to have assurances that projects or proposed developments that might occur near Town boundaries do not create unnecessary harm to the Town. For example, a proposal for an unincorporated development immediately adjacent to Town boundaries might potentially create traffic problems, unmitigated stormwater issues or potential harm to the Town’s water sources. Efforts should be taken to avoid these issues. Colorado law allows for the adoption of a regulatory framework, so-called “1041 regulations” and
watershed protection regulations, that can be used to protect Town water, watershed, wastewater and transportation infrastructure for projects outside of the Town.
As Council was advised earlier this year, Town staff has been working to draft an ordinance under the 1041 regulation procedures that would require a Town permit for certain development proposals having an impact on Town water, watershed, wastewater and transportation facilities. Under these regulations, a Town permit would require the proposed development demonstrate appropriate and reasonable mitigation efforts - if necessary - to protect Town infrastructure and environmental features prior to the development proceeding.
These types of regulations are used by a number of Colorado local governments to protect cities, towns and counties from negative development proposals outside their immediate jurisdiction but still impacting the municipality.
Town staff plans to conduct a public open house on August 2, 2021, 4:30 to 6:00 p.m., to receive any public questions or comments and share information with community members and the development community prior to placing these regulations on a Council agenda for consideration in a public hearing at the August 17, 2021 meeting.
Attachments
Attachment A: Draft 1041 Regulations