HomeMy WebLinkAbout106 - 07/16/2013 - ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATI OPTION 1 - SEVEN YEAR MORATORIUM
ORDINANCE NO. 106, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLIN
ESTABLISHING A MORATORIUM ON THE ACCEPTA E OR
PROCESSING OF LAND USE APPLICATIONS, PERMIT AP LICATIONS,
AND OTHER APPLICATIONS SEEKING APPROVAL CONDUCT
OIL AND GAS EXTRACTION OR RELATED OP RATIONS
WITHIN THE CITY OF FORT COLLINS FOR A PERIO OF SEVEN YEARS
WHEREAS, the City'Council recognizes that the oil nd gas industry is one of many
industries which may legitimately operate within the bound ies of the City, and also recognizes
the importance of minimizing, through appropriate regulati n,the adverse impacts that oil and gas
exploration and extraction or any other industry may hav on the health, safety, and welfare of the
City and its citizens; and
WHEREAS, there has been growing inter t in the exploration of oil and gas resources
underlying portions of the City, including prope owned by the City; and
WHEREAS, oil and gas exploratio , extraction, production, transportation and related
operations and activities, including, withou limitation, all those oil and gas activities regulated by
the Colorado Oil and Gas Conservatio Commission (collectively "Oil and Gas Uses") may
negatively impact Fort Collins citizens nd the use and integrity of local water supplies and water
infrastructure, air quality, roads and ansportation infrastructure, wastewater,infrastructure, land
resources, wildlife and aesthetic va es; and
WHEREAS, the health d safety issues presented by the exploration for and extraction of
liquid and gaseous hydrocarb resources and related activities have not been adequately explored
and it is imperative that th se issues be studied by the City, particularly as they relate to the
potential for deleterious alth and safety effects that may be caused by hydraulic fracturing, to
determine whether exist' g state and local regulations are sufficient to protect the public health,
safety, and welfare, o whether different or additional regulations are necessary to address the
impacts of such activities; and
WHERE , if land use applications, permit applications, or any other applications for Oil
and Gas Uses a approved within the City limits before City staff and the City Council have an
opportunity to horoughly examine the impact of such uses and take all steps necessary to protect
the public h lth, safety, and welfare, irreparable harm may be done to the residents of the City;
and
HEREAS, municipalities throughout Colorado are struggling to address the potential
adver impacts of proliferating Oil and Gas Uses in urban and suburban environments on their
citiz s' health, safety, and welfare, and several municipalities have enacted moratoria to allow a
Defeated on First Reading
By a vote of 3-4
July 16, 2013
OPTION 1 - SEVEN YEAR MORATORIUM
period of time to evaluate those impacts of Oil and Gas Uses in order to assess and det me the
appropriate local regulation of such; and
WHEREAS, by Ordinance No. 145, 2012, the City Council impo d a seven-month
moratorium on the acceptance or processing of land use applications, pe it applications, and
other applications seeking approval to conduct oil and gas extraction or r ated operations within
the City and within any City-owned parks or natural areas outside of the ity limits that are open to
the public, except for maintenance operations on existing wellheads; nd
WHEREAS, said seven-month moratorium was not Buff ient to allow City staff and the
City Council the time needed to further investigate the health a safety issues presented by oil and
gas exploration and production activities, including hydrauli fracturing; and
WHEREAS, the City Council anticipates that t Colorado Department of Public Health
and Environment will be undertaking a comprehen ve study of the impacts of oil and gas
exploration and production on human health which ill likely take at least five years to complete,
and the State legislature may also be undertaking ' s own multi-year study of such impacts; and
WHEREAS, the City Council has termined that a moratorium extending through
December 31, 2019, is a reasonable period time and is no longer than necessary for the City to
gather additional information regarding t health and safety impacts of oil and gas exploration
and production activites, including hydr lic fracturing, and to determine the extent to which Oil
and Gas Uses may be locally regulate , and to properly investigate, develop, and, if appropriate,
adopt and implement any local regul tions related to Oil and Gas Uses in Fort Collins in order to
protect and preserve the public's h Ith, safety and welfare.
NOW, THEREFORE, IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. Th the preceding recitals contained in this Ordinance are hereby adopted
and incorporated by re fe ence as findings of fact of the City Council.
Section 2. That the City Council further hereby finds as follows:
a. That the submittal of land use applications, permit applications, or
applications re esting approval to conduct oil and gas exploration, extraction, and related
operations an activities within the City limits may be irriminent, and that the City's existing
regulations i this area do not adequately take into consideration current industry technologies so
as to proper mitigate the impacts of these types of activities, to protect and preserve the public
health, saf ty, and welfare.
Defeated on First Reading
By a vote of 3-4
July 16, 2013
OPTION 1 - SEVEN YEAR MORATORIUM
b. That a moratorium until midnight December 31, 2019, on the ceptance or
processing of any land use application, permit applications, or any other applic ion requesting
approval to conduct oil and gas exploration,extraction, and related operations a activities within
the City limits is necessary and reasonable for the purpose of studying the im cis of these types of
uses, including the impacts caused by hydraulic fracturing on the he and safety of City
residents and for the purpose of determining whether additional land u and zoning regulations
are necessary to protect and preserve the public health, safety, and w are.
Section 3. That, to address this situation, there is he y imposed, as of the effective
date of this Ordinance, a moratorium on the acceptance or pro ssing of any land use application,
permit application, or any other application requesting app val to conduct an Oil and Gas Use
within the City limits; provided, however, that this morat rium shall not apply to applications to
conduct maintenance operations on oil and gas wells ex ting in the City as of the effective date of
this Ordinance. This moratorium shall terminate as midnight December 31, 2019, or on such
earlier date as may be established by the Z
I by ordinance.
Section 4.. That this Ordinancol over any conflicting ordinance of the City,
but only to the extent of the conflict.
Section 5. Thatfany section sentence, clause or phrase of this Ordinance
is held to be unconstitutional or invalid r any reason, such decision shall not affect the validity or
constitutionality of and shall be sev able from the remaining portions of this Ordinance. The
City Council hereby declares that ' would have adopted this Ordinance and each part or parts
hereof irrespective of the fact t t any one part or parts may be declared unconstitutional or
invalid.
Introduced; consider d favorably on first reading, and ordered published this 16th day of
July, A.D. 2013, and to be resented for final passage on the 20th day of August, A.D. 2013.
Mayor
ATTEST:
City Clerk
assed and adopted on final reading on the 20th day of August, A.D. 2013.
Defeated on First Reading
By a vote of 3-4
July 16, 2013
OPTION 1 - SEVEN YEAR MORATORIUM
Mayor
ATTEST:
City Clerk
Defeated on First Reading
1 By a vote of 3-4
July 16, 2013