HomeMy WebLinkAboutord2004-032WHATCOM COUNTY COUNCIL AGENDA BILL NO.-2004 - 167
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept.' County Council
411212004
4/20204
Introduction
Division Head'.
Dept. Head:
Prosecutor'.
Budget.
Executive:
SUBJECT:
Ordinance continuing moratorium on power lines
ATTACHMENTS
SUMMARYSTATEMENT:
Related County Contract 4: Should the Clerk schedule a hewing? (Y8d ) Y Requested Date'. 5 /42004
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2004 -15] 412012004: Introduced
514/2004: Adopted ] -0, Oro. #2004 -032
Related File Numbers: Ordinance or Resolution Number (this item only):
cRD -4- 2Co 4' 03Z
Power Line Moratorium, first eMension for 2004
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCED ON: April 20, 2004
ORDINANCE NO. 2004 -032
ORDINANCE CONTINUING A MORATORIUM ON APPLICATIONS FOR
CONDITIONAL AND /OR LAND USE PERMITS FOR ELECTRICAL POWER
TRANSMISSION LINES OF 115,000 VOLTS OR LESS, DESIGNED TO
CARRY 100 MEGAWATTS OR GREATER LOADS, EXCEPT IN THOSE
DISTRICTS CLASSIFIED AS INDUSTRIAL
WHEREAS, Ordinance 90 -124 was passed by the Whatcom County
council to place into law the initiative passed by the voters of Whatcom
County which restricts electrical power transmission lines of greater than
115,000 volts to lands where permits have already been granted or in those
districts classified as industrial; and
WHEREAS, it has been brought to the attention of the Whatcom
County Council that power lines of 115,000 volts could be powered with
greater amperages than usual, and electrical science demonstrates that
greater amperage loads create greater electromagnetic fields, interference
and other negative impacts; and
WHEREAS, the public has brought forward concerns to the Whatcom
County Council regarding the health, safety, and economic impacts of lines of
115,000 volts which may carry very high amperage loads; and
WHEREAS, there are concerns for public safety and property from the
possible location of high power transmission lines in close proximity to
people's houses, animals, and barns; and
WHEREAS, some of the concerns include, but are not limited to,
falling lines and poles, possible negative health effects from electromagnetic
fields created by large amperage loads being carried on undersized lines,
stray voltage effects on dairies, and devaluation of property; and
WHEREAS, the Whatcom County Council wishes to review the
adequacy of the current code in addressing high power transmission lines in
Whatcom County; and
WHEREAS, the Whatcom County Council requires the opportunity to
review existing code and regulation to address these health and safety
concerns; and
WHEREAS, the SEPA official issued a Declaration of Non - Significance
on February 8, 2001; and
WHEREAS, the County Council, by Ordinance #2000 -027, established
a Utilities Planning and Advisory Committee to address utility issues including
electrical transmission power - lines; and
WHEREAS, the Utility Planning and Advisory Committee and the
Whatcom County Planning Department need additional time to address this
issue; and
WHEREAS, a public hearing was held on January 15, 2002, at which
County Council received testimony and conducted deliberation on the merits
of the moratorium and Ordinance #2002 -002 was adopted; and
WHEREAS public hearings were held on June 18, 2002 (Council adopted
Ordinance 2002 -035), December 10, 2002 (Council adopted Ordinance 2002 -076),
May 20, 2003 (Council adopted Ordinance 2003 -034), November 18, 2003 (Council
adopted Ordinance 2003 -059), and May 4, 2004 (Council adopted Ordinance 2004 -
03z ) at which the County Council received testimony and conducted
deliberation on the merits of continuing the moratorium; and
WHEREAS the Planning Enabling Act allows for the renewal (or continuation)
of moratoria for one or more subsequent six -month periods, if subsequent hearings
on the matter are held and findings of fact supporting renewal are made prior to
each renewal; and
WHEREAS a public hearing was held on May 4, 20043, at which the County
Council received testimony and conducted deliberation on the merits of continuing
the moratorium, and the County Council makes the following findings of fact:
1. The continuation of the moratorium initially imposed by
Ordinance #2002 -002 is necessary for the protection of
the public health, safety, property or peace.
2. In the absence of a continuation of the moratorium, new
applications for such high power transmission lines could
establish vested rights to locate in neighborhoods and
places contrary to the intent of Whatcom County Code
and the initiative passed by the people of Whatcom
County, thereby causing irreparable harm to the health
and welfare of the public.
3. This matter continues to be a pending work program
items for Planning and Development Services.
4. The Whatcom County Council desires the opportunity to review
existing code and regulation to permanently address these
health and safety concerns.
NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM
COUNTY COUNCIL that:
Section 1
A. The moratorium initially imposed by Ordinance #2002 -002, and
subsequently renewed by Ordinances #2002 -035, #2002 -076, #2003 -034,
and #2003 -059 is hereby renewed (i.e., continued).
B. This ordinance shall be in effect for no longer than six months and
shall expire on the 181st day following the date on which this ordinance
becomes law.
Gyms .
of May , 2004.
WHATCOM COUNTY COUNCIL
Chair
) Denied
Civil D*)ty Prosecutor Pete Kr men, County Executive
Date: 7 mY