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Home My WebLink Aboutord2002-076WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -224A CLEARANCES Initial Date Date Received in Council Office Agenda Dare Assigned to: originator: County Council �S (�' V 2 2 � V LS V LS t�t� NOV 4 2W1 WHATCOM COUNTY COUNCIL 11/26/02 Introduction Division Head: 12/10/02 Public Hearing Dept. Head: PrO5eCNtor; PurchasingIRudger:: Extensive: SUBJECT: Ordinance, continuation of moratorium on conditionaNand use permits for transmission power lines ATTACHMENTS: (1) Proposed Ordinance SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x )Fes ( Requested Date: December 10, 2002 ) NO SUMMARY STATEMENT: Ordinance continuing a moratorium (Ord #2002 -035 on applications for conditional and /or land use permits for electrical power transmission lines carrying 115,000 volts, designed to carry 100 megawatts or greater loads, except In those dh; rads classified as industrial. Distribution Request Indicate those who should receive a copy after Council action. List specifc names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info So"less Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2002 -224A 11/2612002'. Introduced 12/10/2002. Adopted 6 -1, Crawford opposed, Ord. #2002 074P Juvenile Parks Planning Prosecutor Public Works sherOl Superior Court Treasurer Other Related File Numbers: SEP#01- 00019, ORD #2001 -0002) ORD 41002- 035 Ordinance or Resolutio umber (this item): Zm Power Line Moratorium, Extension SPONSORED BY:Consent PROPOSED BY: Caskey- Schreiber INTRODUCED ON:11/26/2OO2 ORDINANCE NO. 2002-076 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 has 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 a public hearing was held on June 18, 2002, at which County Council received testimony and conducted deliberation on the merits of continuing the moratorium: and WHEREAS a public hearing was held on December 10, 2002, 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 imposed by Ordinance #2002 -035 is hereby continued. B. As used in this ordinance "Land Use permit" means any permit required from the County for the construction or siting of any facilities necessary for electric power transmission lines of 115,000 volts. Section 2 The Whatcom County Council finds as a fact and declares that this ordinance is necessary for the immediate preservation of public peace, health, or safety, based on the following: 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 land where permits have already been granted or in those districts classified as industrial. 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. Electrical science demonstrates that greater amperage loads create greater electromagnetic fields, interference and other negative impacts. Greater amperage loads may require greater pole heights and changed locations, creating impacts not envisioned under the current ordinance. The current language of the ordinance addresses only voltage, not amperage. The Whatcom County Council held a public hearing on January 15, 2002, and took public testimony regarding this issue. The Whatcom County Council held a public hearing on June 18, 2002 , and took public testimony regarding the continuation of the moratorium. The Whatcom County Council held a public hearing on December 10, 2002, and took testimony regarding the continuation of the moratorium. The Whatcom County Council requires the opportunity to call in expert testimony and review the issue prior to receipt of applications for high amperage 115kv lines. BE IT FINALLY ORDAINED that this ordinance takes effect immediately and shall expire on the 181st day following the date on which this ordinance becomes law. ADOPTED this 10 day of December 2002. WHATCOM COUNTY COUNCIL E Dana Brown - Davis, erk of the Council L. Ward f Lelsdn, Co cil Chair APP�2OVED AS TO FORM: Civil ' DhDe eIppuu��tyProsecutor ) Denied Bete Kremen, County Executive Date: ld- 4-001,