HomeMy WebLinkAboutORDINANCE 11-09o 0
ORDINANCE NO.11-09
ORDINANCE EXTENDING THE TEMPORARY MORATORIUM
ON THE ISSUANCE OF BUILDING PERMITS FOR WIND TURBINES
WITHIN THE TOWN OF ESTES PARK
WHEREAS,on August 11,2009,the Town of Estes Park adopted Resolution No.
15-09 imposing a temporary moratorium on the issuance of any building permit by the
Community Development Department for the installation of any wind turbine within the
Town of Estes Park;and
WHEREAS,the Estes Valley Planning Commission has held several public
hearings on amendments to the Estes Valley Development Code regarding regulatory
provisions for the construction and operation of wind turbines within the Estes Valley
Planning Area including the Town of Estes Park;and
WHEREAS,the Estes Valley Planning Commission has not concluded its review
of this issue and will hold additional public hearings prior to forwarding to the Board of
Trustees and Board of County Commissioners possible amendments to the Estes
Valley Development Code regulating the construction and operation of wind turbines
within the Estes Valley Planning Area;and
WHEREAS,is it necessary to extend the temporary moratorium on the issuance
of any building permit for any wind turbine until such time as the Board of Trustees of
the Town and the Board of County Commissioners have an opportunity to review the
recommendations of the Estes Valley Planning Commission with regard to any
regulation addressing the construction,location and operation of wind turbines within
the Estes Valley Planning Area;and
WHEREAS,it is necessary to extend the moratorium imposed by Resolution No.
15-09 for an additional ninety (90)days to allow the completion of the process of review
of possible regulations for the installation and operation of wind turbines within the
Estes Valley Planning Area;and
WHEREAS,pursuant to the applicable provisions of Section 29-20-101 etseq.
CR5.known as the Local Government Land Use Control Enabling Act of 1974,the
Board of Trustees of the Town of Estes Park has the power to extend the temporary
moratorium.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO,as follows:
1.The Board of Trustees hereby extends the temporary moratorium on the
issuance of any building permit by the Community Development Department
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for the installation of any wind turbine within the Town of Estes Park imposed
by Resolution 15-09 for an additional period of ninety (90)days from the
effective date of this Ordinance including,but not limited to,the processing of
any application for building permits filed with the Community Development
Department from the effective date of this Ordinance.
2.This extension of the temporary moratorium shall take effect immediately
upon the adoption of this Ordinance and continue for a period of ninety (90)
days unless amended and/or terminated by further action of the Board of
Trustees.
WHEREAS,the immediate passage of this Ordinance is necessary for the
preservation of the health,safety,and welfare of the citizens of the Town,and therefore
this Ordinance shall take effect and be in force immediately after its passage,adoption,
and signature of the Mayor or the Mayor Pro Tern.
INTRODUCED,READ,AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this ‘4-day of 2009.
TOWN OF ESTES PARK,COLORADO
‘1
Mayor
I hereby certify that the above ordinance was introduced and
Board of Trustees on the p4’t-day of tr.-aa.
published in a newspaper of general publication in the Town of
the ll-day of Otcc*-..cit.,2009.
read at a meeting of the
2009,and
Estes Park,Colorado on
p
To9 Clerk
Town Clerk