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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 0 0 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