An emergency ordinance imposing a temporary moratorium of six months in duration on the processing and approval of any application for a Town of Deer Traill building permit; and directing the prompt initiation of a rate study to address sewer tap fees and sewer rates.
Whereas, the Board of Trustees has been made aware that the Town's sewer infrastructure is imminently approaching 80% of capacity, which requires that the Town initiate design of a new wastewater treatment plant.
Whereas, the imposition of a six (6) month moratorium on the processing and approval of building permits will allow the Town staff and the Board of Trustees to consider the financial impacts that the required expansion will have on the Town, and to facilitate and adopt a method through a study of sewer tap fees and sewer rates to address the financial impact associated with the required infrastructure improvements, and allow the investigation of possible funding sources for the design and ultimately the construction of required wastewater system improvements, while requiring new growth to pay its fair share of the cost of expanding and improving the Town's wastewater treatment system;
Whereas, a six (6) month moratorium is a reasonable length of time for the Town to properly investigate, develop, adopt, and implement the necessary sewer tap fees and sewer rates to assist in financing the design and ultimate construction of the required facilities expansion; and
Whereas, the potentially impacted property owners within the Town will not be unduly prejudiced by the imposition of such moratorium.
Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that:
Section 1. Declaration of Emergency.
Pursuant to authority given to the Town in C.R.S. § 31-16-105, the Board of Trustees finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety and by reason of the fact that the Town must immediately plan for improvement to the existing wastewater and sanitary sewer system of the Town, and must plan for providing the funding of the cost of said improvements. It is therefore declared that an emergency exists and that this Ordinance is necessary for the immediate preservation of the public peace, health and safety and that it shall become effective upon adoption, in order to prevent the processing and approval of any application for a Town building permit for new construction as set forth herein until the Town has had a reasonable opportunity to properly investigate, develop, adopt, and implement the necessary sewer tap fees and sewer rates to assist in financing the design and ultimate construction of the required facilities expansion. The Board of Trustees further determines that the adoption of this Ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Deer Trail.
Section 2. Findings and Intent.
The above and foregoing recitals are incorporated herein by reference and adopted as findings and defeminations of the Board of Trustees of the Town of Deer Trail.
Section 3. Imposition of Temporary Moratorium on Applications for Building Permits.
Upon the adoption of this Ordinance, a moratorium is imposed upon the processing and approval of all applications for building permits by the Town, except for permits or approvals relating to the maintenance or repair of existing structures or infrastructure which will not expand the structure or increase the intensity of the use of the property for purposes of the impact on the Town's wastewater treatment system. The Town staff is directed to refuse to process, review or approve any applications for building permits during the moratorium period unless otherwise excepted by this Ordinance, and to not accept any applications for new sewer taps during the term of this moratorium.
Section 4. Staff to Investigate and Prepare Study regarding Sewer Tap Fees and Sewer Rates.
Before the expiration of the moratorium imposed by this Ordinance, the Town staff, working with the Town Attorney and Town Engineer, shall arrange for preparation of a professional wastewater and sewer rate fee study, inclusive of tap fees, for consideration by the Board of Trustees.
Section 5. Police Power Finding.
The Board of Trustees hereby finds, determines and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Town and the inhabitants thereof.
Section 6. Authority.
The Board of Trustees hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: Section 31-15-105, C.R.S. (concerning municipal emergency ordinance powers); and (ii) Section 31-15-401, C.R.S. (concerning municipal police powers).
Section 7. Duration of Moratorium.
The moratorium imposed by the Ordinance shall commence as of the effective date of this Ordinance and shall expire six (6) months thereafter, unless repealed prior to that date or extended, if necessary, as determined by Town ordinance.
Section 8. Repealer.
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.
Section 9. Recording and Authentication.
Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.
Section 10. Effective Date.
This Ordinance shall become effective immediately upon adoption.
Adopted and approved this 4th Day of August 2020.
James Johnson, Mayor
Town of Deer Trail, Colorado
Attest: Candice Reed, Town Clerk