HomeMy WebLinkAboutord2004-041SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 6/1/2004
ORDINANCE # 2004 -041
AN ORDINANCE AMENDING TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, SPECIFICALLY WCC 20.82.010 AND 20.82.030
PUBLIC UTILITIES CHAPTER, ADDRESSING TRANSMISSION LINES OF
115KV AND TRANSMISSION LINES OF 115KV OPERATING ABOVE 160 MW
AND MODIFYING WCC 20.42.030.158 AND 20.43.156, RURAL AND
COMMERCIAL FORESTRY CHAPTERS.
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, on January 15, 2002, the Whatcom County Council adopted
an Emergency Ordinance 2002 -002 imposing 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 district classified as industrial; and
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WHEREAS, Resolution 2003 -051 was passed by County Council August
5, 2003 and initiated an emergency amendment to WCC 20.82.030(8) which
requested the Planning Agency's review of Council's proposal; and
WHEREAS, Proposed zoning text amendments shall be considered
pursuant to WCC 20.90; and
WHEREAS, The Planning Commission held a public hearing on the
proposed amendment on May 13, 2004, and considered all testimony and
recommended approval; and
WHEREAS, The County Council has considered the Planning
Commission's Findings of Fact & Reasons for Action, Conclusions, and
Recommendations.
The Council makes the following findings of fact and conclusions:
FINDINGS OF FACT
1. Notice of the Planning Commission hearing for the subject amendment
was published in the Bellingham Herald April 29, 2004.
2. The Whatcom County SEPA Official has issued a Determination of non -
significance dated May 12, 2004.
3. The Planning Commission held a public hearing on the subject
amendment on May 13, 2004.
4. Council initiated a moratorium Ordinance 2002 -002, which prohibited
acceptance of applications for electric power lines of 115 kv or less,
designed to carry 100 mw or greater loads, except in those districts
classified as industrial. This moratorium has been extended continuously
since adoption and is still in place.
5. Council initiated an emergency amendment to Whatcom County Code
20.82.030 through adoption of Resolution 2003 -051. This resolution
included proposed text.
6. There are a number of scientific research studies relating to the potential
biological health effects of extremely -low frequency electric and magnetic
fields (ELF -EMF) that indicate an association between exposure to ELF -
EMF and childhood leukemia and chronic lymphocytic leukemia in
occupationally exposed adults (NIEHS, 1999). The National Institute of
Environmental Health Sciences state that the level and strength of
evidence supporting ELF -EMF exposure as a human health hazard are
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insufficient to warrant aggressive regulatory actions and instead, suggests
passive measures such as a continued emphasis on means aimed at
reducing exposures. NIEHS suggests that the power industry continue its
current practice of siting power lines to reduce exposures and continue to
explore ways to reduce the creation of magnetic fields around
transmission and distribution lines without creating new hazards (NIEHS,
1999).
On behalf of the California Public Utilities Commission (CPUC), three
scientists working for the California Department of Health Services (DHS)
were asked to review studies about possible health problems from electric
and magnetic fields (EMFs) from power lines, wiring in buildings, some
jobs, and appliances. To one degree or another, all three of the DHS
scientists are inclined to believe that EMFs can cause some degree of
increased risk of childhood leukemia, adult brain cancer, Lou Gehrig's
Disease, and miscarriage. However, they strongly believe that EMFs do
not increase the risk of birth defects or low birth weight, nor that they are
universal carcinogens (Neutra, et. al., 2002).
8. When a higher amount of current flows through a conductor, the resultant
magnetic field that is produced is greater and extends a farther distance
from the source. Electric fields are produced by voltage present in electric
conductors and is easily sheilded by objects such as trees and buildings.
Magnetic fields are produced when electric current, measured in amperes,
flows through a conductor and is not easily shielded by most material.
Most research has focused on potential health effects of magnetic field
exposure because some epidemiological studies have reported an
increased risk of cancer asssociated with estimates of magnetic field
exposure. No similar associations have been reported for electric fields
(NIEHS, 2002). Therefore the need to limit the the amount of amperage
through power transmission lines needs to be considered.
9. Research studies relating to the impact of electric power lines on property
values indicate that power lines do cause a reduction in property values.
One study indicates an estimated valuation loss of 2 — 3% for properties
very close to power lines. Another suggested a loss of about 10 %. A
study conducted in California showed that vacant lot values were
adversely affected by 18 — 53.8% (Jaconetty, 2001).
10.The locational criteria for siting utilities in Chapter 5 (Utilities) of the
Whatcom County Comprehensive Plan states that every effort must be
made to avoid undesirable effects of locating utility facilities in areas
where the health or safety of Whatcom County residents may be
adversely affected.
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11. Policy 5A -2 of the Whatcom County Comprehensive Plan states that when
expansions or improvements of utility systems are being considered, the
County prefers that existing corridors be utilized when upgrading existing
facilities or replacing facilities and that existing corridors be shared.
12. Policy 5A -3 of the Whatcom County Comprehensive Plan encourages
utility purveyors to consider underground installation of distribution
facilities.
13. The Whatcom County Comprehensive Plan recognizes that questions
have been raised concerning the potential health effects associated with
exposure to 60Hz electric and magnetic fields. Goal 5K of the
Comprehensive Plan requires the County to be responsive to new
information on electric and magnetic field research progress.
14. Policy 5C -7 states that utility facilities will be located in a manner that
protects the integrity of planned land uses, including resource lands.
15. Locating utility corridors or facilities in agriculture designated districts
potentially damages the land and increases the difficulty to the farmer to
farm around power transmission line towers and other facilities.
16. Sufficient land has been designated in Whatcom County to accommodate
major consumers and /or generators of electricity in areas currently zoned
for heavy impact industrial uses or along existing corridors in appropriately
zoned lands.
17. Electric power generators choosing to locate outside of industrial zoned
areas where existing corridors and zoning have been designed to
accommodate such uses would require the development of new power
lines to transmit power to the power grid.
18. Rural and Commercial Forestry Districts (WCC 20.42.158 and 20.43.156
respectively) are inconsistent with WCC 20.82 (Public Utilities) because
both forestry zoning districts require a conditional use for the same uses
(transmission lines and pipelines) that also require a conditional use under
— WCC 20.82. Since WCC 20.82 applies to all zoning districts, the current
code requires duplicate permits.
19. Rural and Commercial Forestry Districts (WCC 20.42.158 and 20.43.156
respectively) also allow power generation plants. No existing industrial
zoning is located within designated forest lands, very little of the
designated forest land is located adjacent to existing corridors with power
lines of 115 KV.
CONCLUSIONS
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1. Sufficient evidence relating to negative health, safety and economic
impacts of power lines of 115kv and above exist to:
a. Require limiting their placement to lands where such permits have
already been granted or to lands zoned industrial, and
b. Reduce EMF exposure by limiting wattage of the 115kv lines to an
average load well below the maximum carrying capacity of the
power line.
2. The development of new power lines and related transmission facilities
requires careful review and a public process to ensure that the
community's needs and concerns are addressed.
3. Due to their location, variable terrain and primary intended use, lands
designated forestry should not be considered for the siting of new power
generation plants.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby
amended as shown in Exhibit A.
Section 2. The adoption of this ordinance shall nullify the need for Ordinance
2004 -032 — 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.
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions
of this ordinance shall not affect or impair the validity of the ordinance as a whole
or any part thereof other than the part so declared to be invalid.
ADOPTED this 13th day of auiv 2004
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
WASHINGTON
xJ�
Chairperson
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APPR VED as to form:
Civil Deputy Prosecutor
( Approved () Denied
rend Executive
Date:
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Exhibit A
Whatcom County Zoning Code Chapter 20.82 - Public Utilities
20.82.010 Intent.
The provisions of this chapter regulate
^teg&re • 's the installation, maintenance and operation of public utility lines,
pipelines for oil and gas, railroads (but not including switching yards or round
houses), or maintenance facilities. The citizen initiative, enacted throuqh Ord f
Uriapter applies to all zoning districts unless stated otherwise (Ord. 96 -056 Att.
A § T1, 1996; Ord. 87 -12, 1987; Ord. 87 -11, 1987).
20.82.030 Conditional use.
(8) Electrical substations and electrical power lines cakying operating at voltages
in- excess -ef greater than 55 kV (55,000 volts); provided,
;n these _._..._._ _.___..._d as ...___..._.. applications for such substations and
power lines shall be processed as a major development permit (pursuant to WCC
20.88); provided that no further G9RElitional use pemni major development
permit shall be granted for such lines which;
(aa) operate at greater than 11 5k (115 000 volts) except on land where
such permits have already been granted or in those districts classified as
industrial. or
(b) operate at 1 15k (115,000 volts) and carry greater than 160mw (160
mega -watts) average loading, except on land where such permits have already
been granted or in those districts classified as industrial-,Aar. For purposes of this
CF District - 20.43.150 Conditional Use.
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