Ordinance 2019-1783 - Laserfiche WebLink

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of oil and gas activities, and to develop and implement any appropriate regulations needed to protect and preserve the public health, safety, and welfare, and WHEREAS, owners of mineral rights and operators engaged in oil and gas activities will not be unfairly prejudiced by the imposition of the temporary moratorium imposed by this ordinance, and WHEREAS, the U S Supreme Court and the Colorado Supreme Court recognize that, in the field of land use regulation, temporary moratoria of reasonable duration are often employed to preserve the status quo in a particular area while developing a long-term plan for development and while evaluating the sufficiency of current regulations, indeed, in countering the incentive of property owners to develop their property quickly to avoid the consequences of an impending land use plan for the jurisdiction, moratoria are a crucial tool for local governments and, therefore, pursuant to express and implied authority granted by the Colorado Revised Statutes and multiple Colorado and federal appellate decisions upholding temporary moratoria on land use applications while amendments are considered, the City Council has the legal authority to adopt the temporary moratorium set forth herein, and WHEREAS, the City Council finds and declares it has the power and authority to adopt this ordinance pursuant to Amendment 64, C.R.S § 29-20-101, et seq (the Local Government Land Use Control Enabling Act), C.R.S § 31-23-301, et seq (concerning municipal zoning powers), C.R.S § 31-15-103 (concerning municipal police powers), C.R.S § 31-15-401 (concerning municipal police powers), C.R.S § 31-15-501 (concerning municipal authority to regulate businesses), Article XX of the Colorado Constitution (concerning municipal home rule), and the City of Louisville Home Rule Charter; and WHEREAS, an emergency exists because the City Council finds and determines that, in light of the foregoing recitals and findings, circumstances warrant the immediate enactment of this ordinance and imposition of the registration requirement set forth herein to protect the public health, safety, and welfare, and to avoid development that may contravene the City's efforts to protect the health, safety, and welfare and may put the public, environment, and wildlife resources at risk, and it is of critical importance to the City and its residents that regulations reflecting industry best practices, current drilling technologies, and the full extent of the City's lawful authority be applied to all applications for oil and gas activities within the City NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO• Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the City Council. Section 2. Chapter 17 68 of the Louisville Municipal Code is hereby amended by the addition of a new Section 17.68 035 to read as follows. Ordinance No 1783, Series 2019 Page3of7