AN ORDINANCE TO ENACT AND ESTABLISH A TEMPORARY MORATORIUM ON THE ISSUANCE AND APPROVAL OF ZONING CERTIFICATES FOR NEW CONSTRUCTION WHICH WOULD RESULT IN NEW AND ADDITIONAL CONNECTIONS TO THE TOWN SEWER SYSTEM FOR PROPERTIES SITUATED WITHIN THE MUNICIPAL BOUNDARIES OF EMMITSBURG.

WHEREAS, the Water Management Administration of the Maryland Department of the Environment (MDE) has conducted an investigation of the Emmitsburg Wastewater Treatment Plant and collection system and has determined that the Town has repeatedly violated the terms of its State Discharge Permit and the effluent limitations set forth therein. The investigation has further revealed that there have occurred significant and repeated unauthorized wastewater discharges and sanitary sewer overflows into the waters of the State of Maryland in violation of State law; and
WHEREAS, in furtherance of its enforcement powers, the MDE, on or about March 10, 2004, submitted to the Town a proposed Complaint and Consent Order pursuant to Annotated Code of Maryland, Environment Article, §§ 9-334 et seq. because of the alleged violations committed by the Town of Emmitsburg; and

WHEREAS, the proposed Consent Order will, among other things, require the Town of Emmitsburg to establish a Compliance Plan to resolve the violations, will require the Town to pay significant civil penalties for past violations, and will require the Town to limit allowable construction in the Town; and

WHEREAS, the Town is negotiating with the MDE in an effort to establish a Consent Order with which it may comply, and until a Final Consent Order is approved, additional connections to and use of the Town’s wastewater collection and treatment system would be counterproductive to those efforts. Furthermore, the deficiencies in the sanitary sewer system, including discharges of raw and inadequately treated sewerage into the waters of the State, create and result in serious environmental, health and safety hazards, and such hazards constitute and menace and are a nuisance prejudicial to the health, safety and comfort of the public; and

WHEREAS, the construction of additional housing units, if connected to the Town sewer system, will place additional burdens on that system. Therefore, by placing a moratorium on the issuance of new municipal zoning certificates, which would otherwise permit additional construction and use of the sewer system, the Town can reduce, to a limited degree, the impact which new additions to the Town sewerage system would otherwise have on the deficiencies which currently characterize that system and for which the MDE is seeking enforcement proceedings; and

WHEREAS, Annotated Code of Maryland, Environment Article, §9-512 prohibits a municipality from issuing any permit which authorizes building construction if the sewer system is inadequate to service that new construction, and the investigation of the MDE reveals that the Town sewer system is inadequate to service new construction; and

WHEREAS, in order to give the Town time to address and resolve the enforcement action being pursued by the MDE, the Town intends by this Ordinance to establish, for a temporary and limited period of time, a moratorium on the issuance of zoning certificates for new construction which would result in new and additional connections to the Town sewer system for properties situated within the municipal boundaries of Emmitsburg.

NOW, THEREFORE, BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Board of Commissioners of the Town of Emmitsburg, Maryland as follows:

SECTION I. There is hereby imposed, on a temporary and interim basis, and for the immediate preservation of the public health and safety, and for the protection of the sanitary sewerage system of the Town of Emmitsburg, a moratorium on the issuance of any zoning certificates for new construction which would result in new or additional connections to the Town sewer system for properties situated within the municipal boundaries of Emmitsburg. Until such moratorium is terminated by the Town, the Town shall not approve any zoning certificates for new construction which would result in any new or additional connections to the Town sewer system for any property situated within the municipal boundaries of Emmitsburg.

SECTION II. This moratorium shall continue for a limited time in order to permit the Town to resolve the enforcement proceeding being pursued by the Maryland Department of the Environment and to address the sewer system deficiencies being addressed in that proceeding

BE IT FURTHER RESOLVED, ENACTED AND ORDAINED that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.
PASSED this _______ day of ______________________, 2004 by a vote of _______for _________against __________absent and _______________abstain.


ATTEST: EMMITSBURG BOARD OF COMMISSIONERS

___________________________ By:________________________________
Donna Thompson, Town Clerk William B. O’Neil, Jr., President

___________APPROVED

___________VETOED

this _______ day of ______________________, 2004.

_______________________________
James Hoover, Mayor


I hereby certify that the foregoing Ordinance has been posted as required by Chapter 2.04 of the Emmitsburg Municipal Code and as directed by the provisions of this Ordinance.

Date: _________________ ___________________________________
Donna Thompson, Town Clerk