Table of Contents
While post-disaster moratoria should be tailored to the needs of the individual community, there are some basic components found in most ordinances, including:
- Purpose
- Duration
- Procedures and Permitting
The following sections describe each of the common elements in more detail and provide standard language that can be considered by Colorado local governments. Model language is in gray shading. Commentary is located in italics in the column at the right. The model language used in this document is based on several existing ordinances and programs from varying communities around the state and the nation, including municipalities and counties. The language is illustrative only; consult local counsel to tailor language for your jurisdiction.
Establishing a Framework: Adopting moratoria on development activity can be controversial in the wake of a disaster. Community sentiment often leans toward a “return to normalcy,” which would include immediate rebuilding efforts. It is best to establish a clear framework for development permit activities before a disaster occurs to allow for thoughtful planning of hazard areas and to ensure that appropriate measures are taken to avoid repetitive losses.
A proactive ordinance anticipates the steps that should be taken following any major disaster event within the community and can be incorporated directly into a community’s land use and development code. A reactive ordinance is adopted immediately following a disaster event and can be more specific to a specific event and a defined hazard area where such event occurred.
The purpose of this ordinance is to:
A. Authorize the implementation of a building moratorium when the following actions or findings occur:
- The [municipality or county] is declared a disaster area by the Governor of Colorado or the President of the United States;
- The [City Council, Board of County Commissioners, or equivalent] declares a local state of emergency; or
- The [municipality or county] is unable to maintain acceptable levels of service following an event as determined by the [City Council, Board of County Commissioners, or equivalent].
B. Foster appropriate response during and after a disaster, which often require extraordinary actions.
C. Modify development approval procedures to allow property owners to build, repair, or rebuild in a timely, safe, and responsible manner.
Purpose: Additional information can be included in the purpose and intent statement, such as a description of specific vulnerabilities to natural and/or human-caused hazards. Communities may also consider authorizing a task force or advisory committee that oversees recovery and rebuilding operations. If such entity is established, that should be included in the purpose statement.
Any moratorium imposed shall be subject to review by the [City Council, Board of County Commissioners, or equivalent] at the earliest possible time, but no later than [90 days] after it begins. At that time, the [City Council, Board of County Commissioners, or equivalent] shall extend, terminate, or modify the moratorium.
Duration: The moratorium duration may vary depending on the scale of the disaster. Communities typically do not exceed six months for a moratorium. Local governments should aim to keep the duration as short as possible and consult with their attorneys whether an extended moratorium would be potential grounds for a takings claim.
This section describes the procedures for development permits following a major hazard event.
Procedures and Permitting: Communities may also consider adopting regulations for debris removal and hazard abatement through a separate ordinance. Following a major hazard event, debris removal by the local government can be slowed by property owners taking the position that such debris has value. It is important for communities to act decisively to remove debris and mitigate any conditions in the public right-of-way that could be a safety concern.
A. Public Notice
Notice of any moratorium shall be posted in the defined location for all other public notices and shall identify the geographic area for which the moratorium is in effect and the review and permitting procedures impacted by such moratorium.
B. Suspension of Development Activity
- The [City Council, Board of County Commissioners, or equivalent] shall have the authority to temporarily suspend the issuance of land use and development permits they administer under the land use code, building code, and any other ordinance where suspension of such permit is deemed necessary and reasonable to protect the public health, safety, and welfare of the community.
- The suspension of permits may also include applications currently under review. If an application under review is suspended, the applicable review timeframes shall also be suspended until the development activity suspension has been terminated.
C. Deconstruction or Demolition of Damaged Structures
Any deconstruction or structure demolition requires the appropriate permit from the [building official, planning director, city/county engineer, city/county manager, or equivalent]. The [building official, planning director, city/county engineer, city/county manager, or equivalent] may waive any or all permitting requirements depending on the type of work and the extent of the disaster.
E. Emergency Repairs
Emergency repairs necessary to prevent imminent danger to life or property is exempt from this section except that the property owner shall notify the [building official, planning director, city/county engineer, city/county manager, or equivalent] within [72 hours/one week/10 days/other timeframe] of the work conducted and shall apply for any required permit as deemed necessary by the [building official, planning director, city/county engineer, city/county manager, or equivalent].
Public Notice: It is important to define a geographic area, zone, or other boundary for which the imposing moratorium applies. For example, a special flood hazard area, a designated burn area, or a larger area if warranted based on the extent of a disaster.
Suspension of Development Activity: Some communities may elect to adopt a tiered approach to development activities restricted under a moratorium. For example, the Hillsborough County, Florida ordinance establishes different timelines following a disaster for destroyed structures, major damaged structures, minor damaged structures, new development, previously issued building permits, development orders, and site plan reviews.