HomeMy WebLinkAboutord2010-015 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 116
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: _ Brenner _ 2/22/2010 2/23/2010 Council
Division Head:
Dot. Head:
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Emergency ordinance-moratorium on new applications for 500K+ wind energy systems
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
This ordinance will place a moratorium on the acceptance of new applications for Wind Energy Systems greater than 500 Kilowatts, or multiple Wind
Energy Systems per parcel with a cumulative rated output above 100 Kilowatts, unless the applications was complete, as provided by Whatcom
County Code, prior to the effective date of this ordinance. This ordinance will take effect immediately and shall remain in effect for 60 days unless
repealed or extended.
COMMITTEE ACTION: COUNCIL ACTION:
2 / 23 / 2010 : Council Adopted 6 - 1 Mann opposed
Ord . 2010-015
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2010-015
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: www. co. whatcom. wa. us/council.
500K Wind Energy Systems
SPONSORED BY: Consent
PROPOSED BY: Brenner
INTRODUCTION DATE : February 23, 2010
ORDINANCE NO. 2010-015
( EMERGENCY ORDINANCE)
IMPOSING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR
WIND ENERGY SYSTEMS (WES) GREATER THAN 500 KILOWATTS, OR MULTIPLE
WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT ABOVE 100 KILOWATTS,
AND DECLARING AN EMERGENCY
WHEREAS, on October 21 , 2008 , the Whatcom County Council adopted Ordinance
2008- 043 regulating the construction and operation Wind Energy Systems ( WES ) ; and
WHEREAS, these regulations addressed the construction and operation of WES
greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output
above 100 Kilowatts, in certain zones by means of a Conditional Use Permit as specified in
Whatcom County Code 20 . 14 . 041 ; and
WHEREAS, the impacts of these large structures were anticipated to be considered
through the Conditional Use Hearing process as to the uses associated with the applicable
zone in which the subject WES greater than 500 Kilowatts, or multiple WES per parcel with
a cumulative rated output above 100 Kilowatts, was being proposed ; and
WHEREAS, the requirements for locating a proposed WES greater than 500
Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts,
did not specifically address the impacts of a proposed system constructed in allowed zoning
where the specific property abuts properties of a more dense residential zoning ; and
WHEREAS, there is merit in considering additional mitigation and/or property
boundary setbacks in circumstances of adjacency to zoning boundaries ; and
WHEREAS, it is necessary to have this ordinance take effect immediately in order to
prevent future applications for WES greater than 500 Kilowatts, or multiple WES per parcel
with a cumulative rated output above 100 Kilowatts , from vesting under current law and
thus subverting the purpose of this ordinance ; and
WHEREAS, the Whatcom County Charter limits an emergency ordinance not to
exceed 60 days from the effective date of adoption ;
WHEREAS, the Whatcom County Council is required to hold a public hearing on this
issue within 60 days of the adoption of this ordinance ; and
WHEREAS, the Whatcom County Council finds the emergency moratorium imposed
by this ordinance is necessary for the protection of public health , safety, property, or peace .
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an
emergency moratorium is hereby imposed on the acceptance of new applications for Wind
Energy Systems greater than 500 Kilowatts, or multiple WES per parcel with a cumulative
rated output above 100 Kilowatts, unless the applications were complete, as provided by
Whatcom County Code , prior to the effective date of this ordinance .
BE IT FURTHER ORDAINED that this emergency ordinance shall take effect
immediately and shall expire 60 days from this date, unless repealed or extended
beforehand .
`0`#1110Rir iD;this 23rd day of February , 2010 .
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APPft _ ;' O FOoM : ( App eyed ( ) Denied
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Deputy Prosecutor Pete Kremen , County Executive
Date : -2 '024/,/0