HomeMy WebLinkAbout2252 Moratorium on New Construction Repealed by1709ORDINANCE NO. ~ ~ ~'-~
AN ORDINANCE OF THE CITY OF ASHLAND DECLARING A
MORATORIUM ON NEW CONSTRUCTION IN THE NORTHWEST
PORTION OF THE CITY, PROVIDING FOR EXCEPTIONS,
AND DECLARING AN EMERGENCY.
~EREAS, the City has identified that low water pressures are a danger
to the public safety; and,
WHEREAS, the Council has adopted findings which identify a need to
limit new construction in the Northwest portion of the City
until the necessary improvements has been made,
NOW THEP~FORE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1o Title. This ordinance shall be known as the Northwest
Ashland Water Moratorium Ordinance and may be so cited and pleaded.
SECTION 2. Purpose and Intent. The purpose and intent of this ordin-
ance is to protect the residence of the City of Ashland, specifically
those residents in the Northwest Ashland area, against an unsafe unbur-
dening of the water distribution and supply network.
SECTION 3. Scope. This ordinance shall be in effect in the ares shown
on the map attached to this ordinance and by reference herein incorpora-
ted as Exhibit "A" This ordinance shall control all development activity
and issuance of ali building permits in the area shown on Exhibit "A".
Where this ordinance is found to conflict with other applicable ordin-
ances and laws, the stricter and most restrictive of the two shall apply.
SECTION 4. Lack of Water Pressure. R. W. Beck and Associates, Engineers
and Consultants, who prepared a Comprehensive Water Plan for the City of
Ashland, dated September 1980, has determined that until certain water
transmission lines are installed, that water pressures in the area shown
on the map designated Exhibit "A" will be insufficient during times of
peak demand.
SECTION 5. Building Limitations.
A. No new structures may be served with water from the Ashland
domestic system within the area shown on Exhibit "A" except as pro-
vided in this Ordinance.
SECTION 6. Issuance of Building Permits.
A. Building permits may be issued for lots within the moratorium
area which are eligible for water services by virtue of having paid
the current fee for such service prior to first reading of this
Ordinance. There are presently eight such prepaid services.
B. Building permits may be issued for lots within the moratorium
area which will be served by private wells under such conditions as
the City Council may deem appropriate, including but not limited'to
adequate water storage for fire protection purposes. The owners of
such lots must agree to connect to the City domestic system, when
available, at the sole discretion of the City, and must also sign a
consent to participate in any future assessment district related to
water improvements for the area shown on Exhibit "A".
SECTION 7. Planning Actions.
A. During the time this building moratorium ordinance is in
effect, the Planning Commission may not grant extensions to
any planning actions which have been granted prior to the
enactment of this Ordinance and which expire under the pro-
visions of Title 18 of the Ashland Municipal Code, unless the
project is prevented from proceeding because water service is
not available.
B. Planning actions may be processed while this Ordinance is
in effect, and Planning COLL~ission approvals may be given, how-
ever, no building permits for construction may be issued except
as may be permitted under Section 8 of this ordinance. The
effective date of approvals of such planning actions will be
upon repeal of this Ordinance, or when a building permit is
issued on the project, whichever comes first.
SECTION 8. Exemptions. Exemptions to the provisions of this Ordin-
ance may be granted by the City Council if it finds that there are
no adverse impacts to the water system which will compound the present
deficiencies.
SECTION 9. Emergency Clause. There being an immediate danger to
the public peace, health, safety and general welfare, an emergency is
hereby declared to exist, and this Ordinance shall take effect immedi-
ately upon passage by the City Council and approval by the Mayor.
The foregoing ordinance was first read on the /~z~ day of
1983, and duly PASSED and ADOPTED this ~ day of ~ , 1983.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this /~4/?i. day of '~??~ , 1983.
L. Gordon Medaris
Mayor