HomeMy WebLinkAboutord2003-059rrrv. Tnns.r nnr TA/TV nnr /Nr'IT Jf-PV/)A RIII. NO. 2003 -196 A
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept County Council
Division Head'.
1021/2003
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Ifl� LS v
OCT 21 20103
WHATCOM COUNTY
COUNCIL
11/58003
Introduction
Dept. Head
Prosecutor '. i
rJl�, /v7
Budget.
Executive:
SUBJECT
Ordinance continuing moratorium on Electrical Power Transmission Lines
ATTACHMENTS
SUMMARYSTATEMENT: _
Related County Contract N'. Should the Clerk schedule a hearing? (Y/M Y Requested Date:
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 cant' 100 megawatts or greater loads, except in those districts classified as industrial.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2003 -196A 111512003: Introduced
11/18/2003: Adopted 5 -2, Crawford, Nelson opposed, Ord.
#2003 -059
Related File Numbers: Ordinance or Resolution Number (this item only):
AB2003 -196 CRD 1 4- 2 -p,9q
Power Line Moratorium, Third Extension for 2003
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCED ON: Nov. 5, 2003
ORDINANCE NO. 2003 -059
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), and December 10, 2002 (Council adopted Ordinance 2002-
076), May 20, 2003 (Council adopted Ordinance 2003 -034), and November 18,
2003 (Council adopted Ordinance 2003- 059 ) 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 November 18, 2003, 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, and 2003 -034
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.
ADOPTED this 18 day of November 2003.
ATTEST' \
Dana Brown - Davis, Clerk of the Council
APPROVED AS TO FORM:
Ow i
Civil De uty Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUATY
Dan McShane, Council Chair
( ppyayJed () enied
Pete Kremer, County Executive
Date: November 20. 2003