An ordinance extending the imposition of a temporary moratorium for one additional year in duration on the processing and approval of any application for a Town of Deer Trail building permit or land use entitlement that requires a new or larger sizes water tap and directing the continuation of the study to determine the towns capacity for new water taps.
Whereas, the Board of Trustees desires to assure that the Town of Deer Trail has sufficient water rights and sewer system capacity to serve the future needs of the Town.
Whereas, the Town has commenced undertaking the analysis of the Town's existing water rights and sewer system capacity to assure it can meet the needs of future growth without impacting the needs of the current residents and businesses of the Town.
Whereas, the Town previously imposed 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 to allow the Town staff and the Board of Trustees to obtain the necessary information to evaluate the water rights and sewer system capacity 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 (the "Initial Moratorium Period");
Whereas, during the Initial Moratorium Period, the Town has undertaken the following:
- The Town has retained an engineering consultant to provide a Preliminary Engineering Report ("PER") in support of seeking project funding for the necessary proposed Wastewater Treatment Plant ("WWTP") improvements project that would include necessary WWTP facility upgrades.
- The Town has evaluated the draft PER. and is in the process of selecting an alternative to be able to finalize the required PER. Specifically. the Tm n has requested that its engineering consultant update the PER with an additional alternative; and
- The Town has requested that its engineering consultant compile a Pre-qualification Form to begin the funding process for a new headworks (primary) treatment) system at the WWTP.
Whereas, the Town therefore needs additional time to complete the analysis.
Whereas, the extension of the Initial Moratorium Period will not apply to any building permits for remodeling or for construction on any properties that already have an adequate and properly sized water tap already in place.
Whereas, a one (1) year extension of the Initial Moratorium Period 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 extension of the Initial Moratorium Period.
Be it ordained by the Board of Trustees for the Town of Deer Trial, Colorado that:
Section 1. 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 Trail.
Section 2.
Imposition of Extension of Initial Moratorium Period on Applications for the Processing and Approval of Permits or other Land Use Applications that Require a New or Larger-Sized Water Tap. Upon the adoption of this Ordinance, the Initial Moratorium Period is hereby extended for one (1) additional year 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 taps currently in existence. The Town staff is directed to refuse to process, review, or approve any such applications during the moratorium period.
Section 3. Staff to investigate and prepare proposed regulations.
Before the expiration of the extension of the Initial Moratorium Period imposed by this Ordinance, the Board of Trustees in collaboration with Town staff shall cause the continuation of the analysis of the Town's existing water rights and sewer system capacity to be provided to the Town to assure it can meet the needs of current residents and businesses and the future growth and development of the Town, and the Board 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: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31-15-103, C.R.S. (concerning municipal police powers); (iv) Section 31-15-401, C.R.S. (concerning municipal police powers); and (v) Article 35 of Title 31, C.R.S. (concerning municipal power to regulate water and sewage).
Section 6. Duration of Extension of Initial Moratorium Period.
The extension of the moratorium imposed by the Ordinance shall commence as of the effective date of this Ordinance and shall expire one (I) year thereafter, unless repealed prior to that date or 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 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 10th day of October 2023.
Judd Behrens, Mayor
Town of Deer Trail
Attest: Ali Eldringhoff, Town Clerk