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Home My WebLink Aboutord2000-026WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 216 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To On& Dept.: County Council Division Head: 05/30/2000 � MAY 3 0 2000 WHATCOM GOUNW P0UNCIL 05/302000 Public Works /Council Dept- Head: prosecutor: m 5 -31-00 Budget: Executive: SUBJECT. Emergency ord. imposing moratorium on CUP applications for pipelines ATTACHMENTS SUMMARY STATEMENT Related County Correct #: Should the Clerk schedule a hearing? (YM Requested Data: An emergency ordinance imposing a monasticism on the acceptance of Conditional Use Permit (CUP) applications for regional transmission pipelines of petroleum, petroleum products, and normal gas; and declaring an emergency RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2000 - 216 513012000: Adopted 6 -0, Hoag absent, Ord. #2000 -026 Related File Numbers: Ordinance or Resolution Number (this item only): CRD.-* 2o0O- d26 SPONSORED BY: Consent PROPOSED BY: Brenner INTRODUCTION DATE: May 30, 2000 ORDINANCE # 2000 -026 AN EMERGENCY ORDINANCE IMPOSING A MORATORIUM ON THE ACCEPTANCE OF CONDITIONAL USE PERMIT APPLICATIONS FOR REGIONAL TRANSMISSION PIPELINES OF PETROLEUM, PETROLEUM PRODUCTS, AND NATURAL GAS; AND DECLARING AN EMERGENCY WHEREAS, the County Council previously adopted Title 20- Zoning of Whatcom County Code which regulates land use within unincorporated areas of Whatcom County; and WHEREAS, the County Council adopted the Whatcom County Comprehensive Plan on May 20, 1997, which contains goals, objectives and policies regarding land use compatibility and environmental considerations; and WHEREAS, two recent major pipeline explosions in Whatcom County, one of which resulted in fatalities, have demonstrated the need for local standards to provide improved protection of public health and safety; and WHEREAS, Whatcom County Code Title 20.82.030(2) defines regional transmission lines. Specifically it is the intent of this Ordinance to address regional transmission pipelines which are of the general pipe size and pressure commonly used for the bulk regional transmission of petroleum, petroleum products, and natural gas; and WHEREAS, there have been recent proposals and presentations made by private parties for the construction of new natural gas and petroleum products transmission pipelines in areas where none currently exist; and WHEREAS, the land use regulations currently in effect in the County do not provide sufficient definitive criteria with which the County can address the concerns of County residents and properly evaluate and condition the siting of transmission pipelines carrying petroleum and petroleum products and the bulk conveyance of gas; and WHEREAS, the County Council is establishing a Utilities Advisory Committee to address utility issues including natural gas and petroleum transmission pipelines; and WHEREAS, the Whatcom County Charter limits an emergency ordinance to a period not to exceed 60 days from the effective date of the adopted ordinance; and Page 1 WHEREAS, RCW 36.70.795 requires the County Council to hold a public hearing within 60 days of adoption of a moratorium; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action, the Council makes the following findings of fact: 1. Whatcom County Code currently provides no siting guidance with which to condition the placement of transmission pipelines of petroleum, petroleum products, and natural gas. 2. Transmission pipelines of petroleum, petroleum products, and natural gas are currently allowed in all zoning designations. 3. Future transmission pipelines of petroleum, petroleum products, and natural gas may be incompatible with surrounding uses and may pose a threat to public health and safety. 4. Whatcom County is in the process of developing amendments to Title 20, which will include criteria to regulate these facilities, in response to increasing public health and safety concerns about petroleum, petroleum products, and natural gas transmission pipelines. 5. Without the imposition of a moratorium additional project proposals could be submitted under current regulations thus precluding the added community safe guards which will be included in the new public utilities ordinance. 6. A determination of non - significance was issued by the Whatcom County SEPA Official on May 26, 2000. WHEREAS, the County Council finds that the moratorium imposed by this ordinance is necessary for the protection of the public health, safety, property or peace; NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council the following section: Section 1. A. A moratorium is imposed on filing and processing of applications for land use permits for transmission pipelines of petroleum, petroleum products, and natural gas unless the applications were complete, as provided in Whatcom County Code, prior to May 30, 2000, the effective date of this ordinance. B. As used in this ordinance "Land use permit" means any permit required from the County for the construction or siting of any transmission pipelines of petroleum, petroleum products, and natural gas. BE IT FINALLY ORDAINED that the Whatcom County Council finds as a fact and declares that this ordinance is necessary for the protection of the public health, public safety, public property, or the public peace and shall take effect immediately and shall continue for a period not to exceed 180 days, and shall be superceded by amendments to Whatcom County Code Page 2 which address the siting and placement of transmission pipelines carrying petroleum and petroleum products and the bulk conveyance of gas. ADOPTED this 30 day of ATTEST: Dana Brown - Davis, Council Clerk APPROVED as to form: Civil D uty Prosecutor 2000 WHATCOM COUNTY COUNCIL WHATCOM�COUNTY, WASHINGTON °� Marlene Dawson, Chairperson Page 3 (X) A oved () Denied e Kremen, Executive Date: