HomeMy WebLinkAboutORDINANCE 20-100 C
ORDINANCE NO.20-10
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM
ON THE ISSUANCE OF BUILDING PERMITS FOR SMALL WIND ENERGY
CONVERSION SYSTEMS WITHIN THE TOWN OF ESTES PARK
WHEREAS,on August 11,2009,the Board of Trustees 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,On December 8,2009,the Board of Trustees adopted
Ordinance No.11-09 extending the temporary moratorium on the issuance of any
building permit for the installation of any wind turbine within the Town for an
additional ninety (90)days;and
WHEREAS,on March 9,2010,the Board of Trustees renewed the
temporary moratorium through August 31,2010 by adoption of Ordinance No.
09-10;and
WHEREAS,on March 30,2010,the Board of Trustees adopted Ordinance
No.11-10 amending the Estes Valley Development Code to include regulations
governing installation,operation,and location of micro-wind energy conversion
systems;and
WHEREAS,on April 19,2010,the Larimer County Commissioners
adopted the amendments to the Estes Valley Development Code regulating
micro-wind energy conversion systems;and
WHEREAS,on June 22,2010,the Board of Trustees reviewed but did not
adopt amendments to the Estes Valley Development Code which would have
regulated the operation,installation and location of small wind energy conversion
systems;and
WHEREAS,on July 13,2010,the Board of Trustees reconsidered its
decision not to adopt amendments to the Estes Valley Development Code for the
regulation,operation,installation and location of small wind energy conversion
systems and remanded the regulations for small wind energy conversion
systems back to the Estes Valley Planning Commission;and
WHEREAS,on August 17,2010,the Estes Valley Planning Commission
recommended new amendments to the Estes Valley Development Code for
regulating the operation,installation and location of small wind energy conversion
systems;and
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WHEREAS,the Board of Trustees of the Town of Estes Park will hold a
public hearing on September 14,2010,for the purpose of determining whether to
adopt,adopt with amendments,or not adopt the proposed amendments to the
Estes Valley Development Code for the regulation,operation,installation and
location of small wind energy conversion systems;and
WHEREAS,it is possible that more than one meeting of the Board of
Trustees of the Town of Estes Park will be necessary for the Board of Trustees to
determine whether or not to adopt amendments to the Estes Valley Development
Code for the regulation of the operation,installation and location of small wind
energy conversion systems;and
WHEREAS,it is necessary to extend the moratorium on the issuance of
building permits for small wind energy conversion systems within the Town until
such time as the Board of Trustees and the Board of County Commissioners
have an opportunity to review the adoption of amendments to the Estes Valley
Development Code for regulating the construction,location and operation of
small wind energy conversion systems;and
WHEREAS,pursuant to the applicable provisions of Section 29-20-101 et.
seq.C.R.S.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 for the installation of any small wind energy conversion
system within the Town of Estes Park including,but not limited to,the
processing of any application for building permits filed with the
Community Development Department for a period of ninety (90)days
from the effective date of this Ordinance.
2.This renewal 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
a a
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 Y’day of 2010.
TOW tFE/SPESPA ,ORADO
Mayor
ATTEST:
t.Th .pp
__
C
Town Clerk
I,hereby certify that the above Ordinance was introduced and read at a
rneeting of the Board of Trustees on the lMday of
_____________________
2010,and published in a newspaper of general circulation in the Town of
Estes Park,Colorado on the ,XR-day of
____________________
2010.
p
Clerk