This section offers a comprehensive analysis of Prop. 123 expedited review requirements and their implications for local governments, structured in a frequently asked questions (FAQ) format. Prop. 123 statutory language serves as the foundation for our detailed examination, and this document provides insights and guidance for local governments seeking to understand the requirements and implement an expedited review process. By addressing common inquiries and clarifying key points, this information may assist local governments in preparing for future compliance and optimizing their approach to the expedited review requirements.
Proposition 123 Statutory Language for Fast Track Process
Colorado Revised Statute, Title 29, Article 32: Statewide Affordable Housing Fund
(C.R.S. 29-32-105.)
(2)(a) In order to receive financial assistance under this article, or for affordable housing projects within a tribal government, municipality, a city and county, or the unincorporated area of a county to be eligible for funding, the tribal government or local government, other than a local affordable housing authority, must establish processes to enable it to provide a final decision on any application for a special permit, variance, or other development permit, excluding subdivisions, of a development project for which fifty percent or more of the residential units in the development constitute affordable housing not more than ninety calendar days after submission of a complete application, referred to herein as a "fast-track approval process."
- Paragraph 2(a) establishes the basic requirements and criteria for an expedited review process. In order to be eligible to receive Prop. 123 financial assistance, a local government must establish an expedited review process for housing projects where at least half of the units are affordable. The local process should allow for a decision within 90 calendar days of a complete application.
(b) A local government's or tribal government’s fast-track approval process may include an option to extend the review period for an additional ninety days at the request of a developer, for compliance with state law or court order, or for a review period required by another local government, tribal government, or agency, within the local government or tribal government or outside, for any component of the application requiring that government's or agency's approval.
- Paragraph 2(b) states that local governments’ policies and procedures can allow developers additional time (i.e., up to 90 days) to address comments from an agency that has approval authority over the application, in addition to the rare instances of state law or court order.
(c) A local government's or tribal government’s fast-track approval process may include extensions to allow for the submission of additional information or revisions to an application in response to requests from the local government or tribal government. Such extensions shall not exceed the amount of time from the request to the submission of the applicant's response plus thirty days. Applicants shall provide such additional information or responses promptly and shall, whenever practicable, provide a response within five business days.
- Paragraph 2(c) states that local governments’ policies and procedures can allow the local government, working with the developer, to enact extensions during the development review process for the developer to address comments or requests for additional information or project revisions, and for local government staff to review modifications to an application. These 30 day extensions start once the applicant responds with the requested information.