An Ordinance imposing a temporary moratorium of one year in duration on the processing and approval of an application for a Town of Deer Trail, building permit or land use entitlement that requires a new or larger sized water tap; and directing the prompt initiation of a study to determine the Town's capacity for new water taps.
Whereas, the Board of Trustees desires to assure that the Town of Deer Trail has sufficient water rights to serve the future needs of the Town.
Whereas, the Town therefore requires analysis of the Town's existing water rights to assure it tan meet the needs of future growth impacting the needs of the current residents and businesses of the Town.
Whereas, the imposition of a one (1) year moratorium on the processing and approval of permits or other land use applications that require a new or larger-sized water: tap 'will allow the Tm¾n staff and the Board of Trustees to obtain the necessary information to evaluate the ,water rights of the Town as it relates to the current needs of the Town and the future growth of the Town and to develop and implement appropriate regulations addressing such water rights;
Whereas, such proposed moratorium will not apply to any building permits for remodeling or for construction on. any properties that already have an adequate and property sized water tap already in place.
Whereas, a one (1) year moratorium -is a reasonable length of time for the Town to properly investigate, develop and, if appropriate, adopt and implement any such regulations; 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 I. Findings and Intent.
The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Board of Trustees of the Town of Deer Trait
Section 2. Imposition of Temporary Moratorium on Applications for the Processing and Approval. of Permits or other Land Use Applications that Require a New or Lanzer-Sized Water Town.
Upon the adoption of this Ordinance, a moratorium is hereby imposed upon the processing and approval of permits or other land use applications that :require a new or larger-sized "water tap, except for permits or approvals relating to the remodeling of existing structures or infrastructure ,which will not expand the water use for the property, or which -will not require an expanded size of water tap for water tap-currently inexistence, The Town staff is directed to refuse to process, re-view, or approve any such applications during the moratorium period.
Section 3. Staff to Investigate and Prepare Proposed Regulations.
Before the expiration of the moratorium imposed by this Ordinance, the Board of Trustees in collaboration with Town will staff shall cause an analysis of the Town.rs existing water rights to be provided to the Town to assume it can meet the needs of current residents and businesses and the future growth and development of the Town, and the Bo d shall implement if necessary appropriate regulations for consideration by the Board of Trustees.
Section 4. 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 5. Authority
The Board of Trustees hereby finds, determines, and declares that it has the power to adopt this Ordinance pursuant to the Local Government Land Use Cottrol Enabling Act, Article 20 of Title 29, C.RS.; (ii) Part 3 of. Article 23 -of Title 31, C.R.S. (concerning municipal zoning powers); (lit; Section 31-15-103. C.RS_ {concerning municipal police powers); (iv) Section 31-15-401. C.RS_ {concerning municipal polite powers); and {v) Article 35 of Title 31. C.R.S, (concerning municipal power to regulate water and sewage.
Section 6. Duration of Moratorium.
The moratorium imposed by the Ordinance shall commence as of the effective date of this Ordinance and shall expire one (1) year thereafter, unless repealed prior to that date to extended. if necessary, as determined by Town ordinance.
Section 7. 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 8. Recording and Authentication, immediately upon its passage, this Ordinance shall be recorded the Town of Deer Trail Book of Ordinances kept for that impose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.
Section 8. 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 9. Effective Date
This Ordinance shall become effective thirty (30) days after final publication.
Adopted and approved this ___ day of ___ 2022.
Judd Behrens, Mayor
Town of Deer Trail, Colorado
Attest: Ali, Eldringhoff, Town Clerk