ORDINANCE NO. 2021-18
an Ordinance ENACTING A TEMPORARY LAND USE REGULATION ESTABLISHING A MORATORIUM ON ALL NEW LANDSCAPING AND RELATED DEVELOPMENT ACTIVITIES FOR A PERIOD OF 180 DAYS DUE TO DROUGHT CONDITIONS, AND RELATED MATTERS
WHEREAS, Utah Code section 10-9a-504 allows a municipality to enact an ordinance establishing a temporary land use regulation for any part or all of the area within a municipality if the legislative body makes a finding of compelling, countervailing public interest; and
WHEREAS, a temporary land use regulation under Utah Code section 10-9a-504 “may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval”; and
WHEREAS, Hyde Park City is in the process of improving its public water system, as part of which the City has issued a bond, entered into construction contracts, and otherwise has endeavored to advance the construction and installation of necessary water system improvements, which construction has not yet completed; and
WHEREAS, the State of Utah is in extreme or exceptional drought conditions, which conditions have resulted in numerous water restriction and conservation orders and regulations across the State; and
WHEREAS, the ongoing drought conditions have significantly reduced the normal sources of water used to fill and pressurize the City’s water system, and the current system’s capacity and construction is constrained such that the system cannot pump sufficient water to provide for all desired landscaping and irrigation uses; and
WHEREAS, the City Council finds that mitigating the drought’s impact on the City’s water system and preventing further non-essential water usage that may stress, damage, or overwhelm the City’s water system is a compelling, countervailing public interest; and
WHEREAS, the City Council finds it is in the public’s interest to not allow new landscaping, greenspace, and other similar environmental development projects until the drought conditions are alleviated or the City completes its water system improvement project in order to avoid additional demands on an already over-used water system;
WHEREAS, the City intends to impose a temporary moratorium on all new landscaping, greenspace, and other similar environmental development projects that would require additional or new water usage for 180 days while the drought conditions and water system improvement project are ongoing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF HYDE PARK CITY, as follows:
PASSED AND ORDERED PUBLISHED BY THE CITY COUNCIL OF HYDE PARK CITY, UTAH,
This 28th Day of July, 2021.
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