PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO. 5 OF 2006

AN ORDINANCE AMENDING PORTIONS OF THE HILLSIDE OVERLAY ZONE ORDINANCE, PROVIDING FOR A NEW DEFINITION OF "DISTURBED AREA" AND MODIFYING THE SECTION DEALING WITH CONSERVATION EASEMENTS

WHEREAS, The Town of Palmer Lake has determined that the Hillside Overlay Zone should be amended to include all areas under any construction whether disturbed or not; and

WHEREAS, the Town of Palmer Lake has further determined that a Conservation Easement should not automatically exempt a lot from operation of the Hillside Overlay Zone protections;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY , COLORADO , AS FOLLOWS:

Section 1 . Portions of Section 1 of Ordinance 3-1989, Portions of Section 3 of Ordinance 2-1986 and Section 17.50.030 (E) of the Palmer Lake Municipal Code are amended to read as follows:

(E) DISTURBED AREAS AND ALLOWABLE DISTURBANCE means areas of the land that have the existing natural surface permanently altered in any way, whether by filling (earth added), cut (earth taken away) or scraped, or otherwise permanently disturbed.  Permanently disturbed areas include, but are not limited to, driveways, parking areas, and the actual building site including the entire plan view of the proposed structure; including all areas lying beneath the roof lines,, any projections of the building beyond the foundations, decks, and other similar areas. 

Section 2 . Portions of Section 1 of Ordinance 3-1989, Portions of Section 10 of Ordinance 2-1986 and Section 17.50.100 (E) of the Palmer Lake Municipal Code are amended to read as follows:

(E) In computing the "average slope" for any parcel placed in the District, any "average slope" not meeting the requirements of this Ordinance may be modified by elimination from the calculation of "average slope" that portion of the parcel placed by the lot owner in a Conservation Easement in favor of the Town as contemplated by Title 38, Article 30.5 of the Colorado Revised Statutes, provided that the Conservation Easement is accepted by the Town. Said easement remains the sole responsibility of the property owner. 

Section 3. Severability . It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 4. Publication and Effective Date . The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted. This ordinance shall become effective thirty (30) days after the date of publication.

PASSED AND ADOPTED THIS 12 th DAY OF October, 2006

MALCOLM PARKER, MAYOR

ATTEST:

DELLA GRAY, TOWN CLERK