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File #: 15-120    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 7/22/2015 In control: City Council
On agenda: 8/18/2015 Final action: 8/18/2015
Title: AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE LAND DEVELOPMENT CODE REQUIREMENT THAT DEVELOPMENT BE SERVED BY PUBLIC WATER FACILITIES AS IT PERTAINS TO PROPERTIES IN THE CITY OF AKRON WATER SERVICE AREA IN HUDSON; AND DECLARING AN EMERGENCY. Executive Summary: The renewal of an ordinance that would suspend City regulations that require that development must use public water for an additional six months.
Sponsors: William A. Currin
Attachments: 1. Water Provider Map, 2. Ordinance No. 15-42, establishing moratorium (adopted April 7, 2015), 3. Ordinance No. 15-120
Related files: 15-42, 16-45

Title

AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE LAND DEVELOPMENT CODE REQUIREMENT THAT DEVELOPMENT BE SERVED BY PUBLIC WATER FACILITIES AS IT PERTAINS TO PROPERTIES IN THE CITY OF AKRON WATER SERVICE AREA IN HUDSON; AND DECLARING AN EMERGENCY.

Executive Summary:  The renewal of an ordinance that would suspend City regulations that require that development must use public water for an additional six months.

Body

Legislative History

The Land Development Code at Section 1207.11 requires that development must be served by public water and Section 1040.06 of the Codified Ordinances prohibits water wells where municipal lines are available.  With passage of Ordinance No. 15-42 on April 7, 2015, Council established a six-month moratorium on enforcement of these regulations that will expire September 30, 2015.

Purpose & Explanation

The ordinance would ease the burden of persons who wish to construct homes or develop nonresidential projects in the Akron water district by removing the need for developers to seek a variance from these requirements from BZBA.  Highlights of the ordinance are:

                     Regulations requiring public water in the Akron water district would be suspended until approximately March 2016. Water wells would be permitted.

                     A property owner must connect to public water within 10 years of the date the City Manager grants permission to drill a water well, a condition similar to one BZBA has placed on applicants for variances from these requirements.

Timing Considerations

Staff requests that the ordinance be adopted as soon as possible.

Fiscal Impact

                       Currently Budgeted

                       Supplemental Appropriation Required

   X                       Appropriation Not Required.

 

Recommendation

Suggested Action

Staff recommends adoption of the ordinance.

Submitted by,

Jane Howington, City Manager

Mark Richardson, Community Development Director