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Home My Public Portal AboutOrdinance #317TOWN OF ERASER ORDINANCE N0.317 Series 2006 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 7-11 OF THE CODE OF THE TOWN OF ERASER, COLORADO, WITH RESPECT TO REGULATIONS APPLICABLE TO THE WATER SUPPLY PROTECTION DISTRICT OF THE TOWN OF ERASER AND DECLARING AN EMERGENCY WHEREAS, by Ordinance No. 262 adopted Apri17, 1999, the Town of Fraser established a Water Supply Protection District and adopted regulations designed to protect the Town's water supply from contamination from Pollution Hazard Activities, as defined in such Ordinance; WHEREAS, such regulations, as adopted by Ordinance 262, are now set forth in Chapter 7, Article 7-11 of the Fraser Town Code; and WHEREAS, the Board of Trustees has determined that certain modifications should be made to such regulations, as provided in this Ordinance, in the interests of the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF TOWN CODE. Chapter 7 (Offenses), Article 7-11 (Water Supply Protection District) of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended as follows: 1_1 Section 7-11-3 (Definitions), Subsection 7-11-3(1)(g)(iv) of the Town Code is amended to read as follows: (iv) The storage and application of pesticides (herbicides and/or insecticides) in any manner; except for the noncommercial storage and commercial or noncommercial application of pesticides which are lawful for use in this State and which are not restricted use pesticides as defined in C.R.S. 35-9- 103(12), in accordance with all applicable manufacturer's instructions and best management practices, by or on behalf of the owner of a residential, business or governmental property. 1_2 Section 7-11-5 (Permit and Hearing Procedure) Subsection 7-11-5(2)(c) is hereby deleted in its entirety, and the following Subsection is renumbered from "(d)" to "(c)" and amended to read as follows: (c) The Town staff may classify in writing an application as "no impact" in the following fashion. A potential applicant for a Water Supply Protection District Permit may apply fora "no impact" finding relative to the proposed activity. Such application shall be accompanied by such information, in writing, as the Town staff needs to determine whether a "no impact" finding is warranted. Such information maybe less than is required under Subsection (1) above, and required permit fees maybe waived. Upon such application, the Town staff shall determine whether the proposed activity is of a type or location that no negative impact on the Town's water sources is reasonably foreseeable. If such a "no impact" finding is made, the Town staff shall immediately issue a Water Supply Protection District Permit for the proposed activity. After issuance of said permit, the Town staff shall report same to the Boazd of Trustees at its next regulaz or special meeting, and shall also keep a record of such "no impact" permits for the purpose of assessing the cumulative impact of "no impact" activities. If the Town staff does not make a "no impact" determination, the application and staff analysis shall be referred to the Board of Trustees for hearing and decision as provided in the following subsections. 1_3 Section 7-11-5 (Permit and Hearing Procedure) Subsection 7-11-5(3) is amended to read as follows: (3) Hearin. Within thirty (30) days following receipt of the analysis from the Town staff, the Board of Trustees shall conduct a public hearing to review the application and analysis and shall render a decision regarding the issuance or denial of a Water Supply Protection District Permit to such applicant within three (3) months after the conclusion of such hearing, unless the activity requires at.Y~oval of permit from any agency of the County, State or Federal Government and which aYt,~oval or permit procedure exceeds the time requirements of this Article, then, and in that event, the Town shall have an additional sixty (60} days following the final decision of such County, State or Federal government approval or permit procedure to conduct the public hearing required hereunder and render a decision regazding the issuance or denial of a Water Supply Protection District Permit to such applicant. The Board of Trustees may require additional information from any applicant, in which event the public hearing and decision maybe delayed or continued until receipt of such additional information. 1_3 Section 7-11-9 (Violation and Penalty) is amended to read as follows: Section 7-11-9. Violation and Penalty. (1) Violations. Violations of the provisions of this Article shall be punishable by a fine not to exceed three hundred dollazs ($300.00), or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that such violation continues to exist shall be considered a sepazate offense. (2) Actions. Any activity which is continued, operated or maintained contrary to any provision of this Article is unlawful. The Town of Fraser may institute injunction, -2- abatement or any other ~rN.opriate action to prevent enjoin, abate or remove such violation in which event the Town shall be entitled to recover court costs and attorney's fees. (3) Remedies. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: DECLARATION OF EMERGENCY: Err~CTIVE DATE. Because of the immediate need to address pesticide applications within the Town, while protecting the municipal water supply, it is hereby declared that an emergency exists, that this Ordinance is necessary to the immediate preservation of the public peace, health and safety, and that it shall be in full force and effect immediately upon adoption. This Ordinance shall be published by title only. READ, PASSED, ADOPTED, Err~CTIVE, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 3RD DAY OF MAY, 2006. Votes in favor: ~ Votes opposed: ~ Votes abstained: ~ s~ O~ ~Rq . ~~ ~o ~~ ~~~ ~OLO~~-®O TOWN OF ERASER, COLORADO ~~.~~ ~~~ Fran Cook, Mayor ATTEST: J Molly Mc~andless, CMC, Town Clerk Published in The Winter Park Manifest on May 10, 2006. -3-