Ordinance 2021-16

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Ordinance 2021-16

CITY OF SANTA CLARA, UTAH
ORDINANCE NO. 2021-16

AN ORDINANCE EXTENDING TEMPORARY LAND USE ORDINANCE 2021-11, REQUIRING WATER-EFFICIENT LANDSCAPING IN ALL NEW DEVELOPMENT, PENDING THE ADOPTION OF A PERMANENT ORDINANCE, IN RESPONSE TO SEVERE DROUGHT CONDITIONS IN THE SOUTHERN UTAH AREA

WHEREAS, Utah in general, and Washington County in particular, is in the midst of an extended period of drought, classified by the U.S. Drought Monitor as “severe” to “extreme” throughout all of 2021; and

WHEREAS, Governor Spencer J. Cox, on March 17, 2021, issued Executive Order 2021-7, declaring a State of Emergency due to drought conditions, recommending, among other things, that water suppliers should encourage efficient landscape watering, cities should consider developing and implementing water restriction plans, and residents should seek to conserve water through various means; and

WHEREAS, the City, with other municipalities in Washington County, has been working with the Washington County Water Conservancy District to develop a model water efficient landscape ordinance which can be considered for adoption by the various municipalities in the County; and

WHEREAS, the City Council in recognizing that time is of the essence and the critical need to adopt ordinances which encourage efficient water use and conservation, passed Ordinance No. 2021-11 on September 8, 2021, which is set to expire January 6, 2022; and

WHEREAS, the model ordinance is not yet ready for consideration, and the City anticipates multiple applications for development entitlements may be submitted before such an ordinance can be properly considered and adopted; and

WHEREAS, pursuant to Utah Code section 10-9a-504, the City Council desires to extend this temporary land use regulation for the full period of six months available by statute, thereby allowing potential development applications to be considered until the Planning Commission and City Council can complete the process of considering a permanent ordinance addressing water efficient landscaping and/or other water conservation policies.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Clara, pursuant to Utah Code § 10-9a-504 as follows:

SECTION 1. Finding of Compelling, Countervailing Public Interest:

The City Council hereby finds that the findings set forth in Ordinance No. 2021-11 remain accurate and are incorporated herein. The City’s current ordinances do not adequately address the drought conditions and the need for an ordinance addressing these issues time-sensitive. Thus, in considering these findings, the City Council hereby finds that there continues to be a compelling, countervailing public interest in extending Ordinance 2021-11 and continuing to temporarily regulate development applications.

SECTION 2. Extension of Ordinance 2021-11; Effective Date and Duration:

The duration of Ordinance 2021-11 is hereby extended from its original one hundred twenty (120) day duration, to a full six (6) months from the initial effective date. The initial effective date of Ordinance 2021-11 was September 8, 2021; it shall therefore expire by operation of law on March 8, 2022, or (b) the date on which a permanent water-efficient landscaping ordinance adopted by the City Council becomes effective, whichever is earlier. This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.

ADOPTED and approved by a duly constituted quorum of the City Council of the City of Santa Clara, Utah, this 8th day of December, 2021.

IN WITNESS THERETO:

RICK ROSENBERG, Mayor

ATTEST:

CHRIS SHELLEY, City Recorder

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