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HomeMy WebLinkAboutOrdinance 04-116-CCrfAUG 26 1 200'1 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE: 04- //(v -CC An ordinance relating to amendment of the Unified Development Code regarding: 1) the addition of definitions for "Oil and Gas Testing" and "Oil and Gas Operations" to UDC Ch. 25.02.030; 2) the addition of "Oil and Gas Operations" as a conditional use in UDC Ch. 23.04, Table 4; and 3) the addition of "Oil and Gas Operation Standards" as UDC Ch. 23.04.460. Recitals: WHEREAS, the Board of County Commissioners of Grant County intends to comply fully with the laws and regulations of the State of Washington, and; WHEREAS, the Board of County Commissioners of Grant County adopted a Growth Management Act compliant Comprehensive Land Use Plan in September of 1999, and; WHEREAS, the Board of County Commissioners of Grant County adopted a Unified Development Code implementing the Comprehensive Plan on October 1, 2000, and; WHEREAS, the Unified Development Code Chapter 25.12 "Legislative Action" provides a process for amending the Code, and; WHEREAS, the Grant Count Planning Department proposed an amendment, under Chapter 25.12, to the Unified Development Code regarding definitions for "Oil and Gas Testing" and "Oil and Gas Operations", the addition of Oil and Gas Operations as a Conditional Use in the Rural Remote and Agriculture Zone, and the addition of "Oil and Gas Operations Standards" to the UDC, and; WHEREAS, the Board of County Commissioners of Grant County have been advised by the Grant County Planning Commission that an open record public hearing was conducted on June 2, 2004 and continued on July 7, 2004, on the matter of amending the Grant County Unified Development Code, and; WHEREAS, on July 7, 2004 the Grant County Planning Commission voted unanimously to recommend to the Board of County Commissioners, approval of the UDC Amendment request, and; WHEREAS, the Board of County Commissioners of Grant County held an open record public hearing on August 3, 2004, and; WHEREAS, the Board of County Commissioners have been advised by the Grant County Planning Department that the proposed UDC Amendment was processed in accordance with the requirements of UDC Chapter 25.12 "Legislative Action"; and, WHEREAS, the Board of County Commissioners have been advised by the Grant County Planning Department that the proposed UDC Amendment was processed in accordance with the requirements of UDC Chapter 24.04 "State Environmental Policy Act"; and, d.� AN ORDINANCE APPROVING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING; 1) THE ADDITION OF DEFINITIONS FOR "OIL AND GAS TESTING" AND "OIL AND GAS OPERATONS"; 2) THE ADDITION OF OIL AND GAS OPERATIONS AS A CONDITIONAL USE IN THE RURAL REMOTE AND AGRICULTURE ZONE; AND 3) THE ADDITION OF OIL AND GAS OPERATIONS STANDARDS TO THE UDC. WHEREAS, the Board of County Commissioners of Grant County have found that a SEPA Determination of Non -Significance and Adoption of Existing Environmental Documentation was issued for this proposal on March 24, 2004, and; WHEREAS, the Board of County Commissioners have found that the proposal is consistent with the Grant County Comprehensive Plan; and, WHEREAS, the Board of County Commissioners has found that, this UDC Amendment will serve the public use and interest. NOW, THEREFORE, BE IT ORDAINED, the Board of County Commissioners of Grant County do hereby amend the Grant County Unified Development Code in the manner outlined in Attachment 1. BE IT FURTHER ORDAINED, that the effective date of this ordinance shall be _ p.m. 2004. DATED this � day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON LeRoy . Al nso , Chair ©(�4o,,L LLrCs,_ Deborah Kay oo ember V © O V1 � Tim Sne d, mber AN ORDINANCE APPROVING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING: 1) THE ADDITION OF DEFINITIONS FOR "OIL AND GAS TESTING" AND "OIL AND GAS OPERATONS"; 2) THE ADDITION OF OIL AND GAS OPERATIONS AS A CONDITIONAL USE IN THE RURAL REMOTE AND AGRICULTURE ZONE; AND 3) THE ADDITION OF OIL AND GAS OPERATIONS STANDARDS TO THE UDC. ATTACHMENT 1 1) Chapter 25.02,030 ]Definitions, shall be amended to add the following definitions for "Oil and Gas Testing" and "Oil and Gas Operations." Section 25.02.030 Definitions "Oil and gas testing" means preliminary testing for oil and gas, including the conduct of geophysical tests and operations and the drilling of test bores not to exceed 100', which are not regulated by Chapter 78.52 RCW (the Oil and Gas Conservation Act). "Oil and gas operations" includes the siting, drilling, deepening, re -completion, reworking, shut-in or abandonment of oil or gas wells the generation transportation, storage, treatment, or disposal of exploration and production wastes' and any construction, site preparation, or reclamation activities associated with such exploratory wells-, and operations related to conversion of exploratory wells to production including: the installation of flow lines, gathering systems and compression stations to the point of delivery into a gas distribution pipeline or transmission pipeline. 2) Chapter 23.04, Table 4, "Allowable Land Uses for Rural Lands, Special and Overlay Districts, and Resource Lands Zoning Districts," shall be amended to add the following provisions for the allowance of oil and gas operations: Chapter 23.04 Table 4 Allowable Land Uses for Rural Lands, Special and Overlay .Districts, and Resource Lands Zoning Districts Zoning District Land Use Mural Lands Special/Overlay Districts Resource Lands RR RR2 RR3 RRem RUR POS OSC MPR MPI MRO ASU AO AG Industrial Uses Oil and gas P P P C P P P P P C operations32 12 Oil and gas operations include all activities described in the definition in Section 25.02.030. Where allowed as a conditional use ("C"), oil andag_s operations shall coMply with performance and use standards in Section 23.08.460. 3) Chapter 23.08, "Development Standards," shall be amended to add a new Section 23.08.460, „Oil and Gas Operations Standards," as follows: AN ORDINANCE APPROVING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING: 1) THE ADDITION OF DEFINITIONS FOR "OIL AND GAS TESTING" AND "OIL AND GAS OPERATONS'; 2) THE ADDITION OF OIL AND GAS OPERATIONS AS A CONDITIONAL USE IN THE RURAL REMOTE AND AGRICULTURE ZONE; AND 3) THE ADDITION OF OIL AND GAS OPERATIONS STANDARDS TO THE UDC. Chapter 23.08 PERFORMANCE AND USE STANDARDS 23.08.460 Oil and Gas Operations Standards a. Purpose: This section establishes standards for oil and gas operations to Drotect public health safety and welfare. This section is not intended to duplicate or contradict the regulatM review and permitting of oil and gas operations conducted by any other local, state or federal agent or jurisdiction, including without limitation the Washington Department of Natural Resources ("DNR"). b. Exemut Activities: Oil and gas testing, including geophysical tests and operations and the drilling of test bores which are not regulated by Chanter 78.52 RCW (the Oil and Gas Conservation Act) shall be exempt from review and regulation under this Chapter. c. SEPA Review: Oil and Gas Operations shall comply with UDC Chapter 24.04 SEPA. d. Application Requirements: 1. 'Those documents and accompanyingdata ata specified in GCC § 25.04.140, A. Completed application on forms provided by the Department; B. Identification of a single contact person or entity to receive determinations and notices required by this chapter; C. A property and/or legal description of the site, including Assessor account number and property identification number, D. The applicable fee(s). 2. A vicinity may with a north arrow indicating the area on which the drillingsite ite is proposed including a legal description, showing access roads to the proposed site and anv roads p=osed on the site, and showing adjacent land uses: 3. Copy of the drilling permit application for the site filed with the Washington State Department of Natural Resources. 4. Identification and description of those critical areas designated and regulated by GCC $ 24.08, together with anv critical areas assessments that may be required by GCC 24.08; 5. Identification of any possible Cultural Resource Sites that may be located on the proposed site pursuant to GCC § 24.08 Article V111; 6. S ite P ]an: A s caled s ite p Ian s howing t he location o f t he n roposed s tructures, a xisting buildings, on-site land uses, adjacent roadway rights-of-way, parking areas if applicable, proposed means of access, setbacks from property lines and the approximate distance between the proposed structures and the p opery lines; 7. A completed SEPA environmental checklist (,and SEPA Determination if applicable). 8. A copy of the Agreement ement between the surface roperty owner and the applicant or oil and gas rights owner regarding access, area of surface use, and provisions for correcting or AN ORDINANCE APPROVING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING: 1) THE ADDITION OF DEFINITIONS FOR "OIL AND GAS TESTING" AND "OIL AND GAS OPERATONS"; 2) THE ADDITION OF OIL AND GAS OPERATIONS AS A CONDITIONAL USE IN THE RURAL REMOTE AND AGRICULTURE ZONE; AND 3) THE ADDITION OF OIL AND GAS OPERATIONS STANDARDS TO THE UDC. com ensating for damages. In the event the applicant or the oil and gas rights owner is unable to reach such an agreement with the surface property owner, this requirement shall be deemed satisfied upon the applicant providing the Counly with an Order issued by a court with jurisdiction demonstrating that the applicant has provided a bond as security to address these issues. e. General Standards 1. Offensive or noxious odors, fluids, gases, and dust shall be confined to the subject parcel or the leasehold premises to the extent practicable and shall not impact any occu jed structures or dwellings. 2. Junk, refuse, trash or abandoned material shall not be disposed of on-site. 3 Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On- site disposal is prohibited. 4. Operations shall be in accordance with the Washington Oil and Gas Conservation Act, Chapter 78.52 RCW, or as amended, and all pursuant rules, regulations and procedures. 5. Operations approved under this Section shall not commence until the applicant has provided the County with a copy of the DNR drilling permit applicable to the operation. 6. The County shall rely upon the verification of ownership or contractual rights to drill for oil and gas as determined by DNR through the issuance of the DNR drilling -permit. 7. All drilling and production operations not including aniatg hering systems or other pipelines), including derricks, retaining pits, vacuum pumps, storage tanks, vehicle parking, structures, machinery and ancillary equipment shall be located at least 500 feet from any dwelling or from any structure used for public assembly, including schools and churches, where the owners of such structures are not a party to the oiland gas lease or other real property transaction enabling the operations. 8. All drilling and production operations (not including any gathering systems or other _pi elp Ines) shall be located at least 100 feet from public roadways. 9. The owner(s) and operator(s) shall be responsible for prevention and prompt removal of spills involvingwaste aste materials, oil and toxic or hazardous materials. f. Visual 1. The drill site, production site and access roads shall be located, designed and constructed to minimize the removal of trees and shrubs and the amount of surface disturbance, to the extent practicable. AN ORDINANCE APPROVING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING: 1) THE ADDITION OF DEFINITIONS FOR "OIL AND GAS TESTING" AND "OIL AND GAS OPERATONS"; 2) THE ADDITION OF OIL AND GAS OPERATIONS AS A CONDITIONAL USE IN THE RURAL REMOTE AND AGRICULTURE ZONE; AND 3) THE ADDITION OF OIL AND GAS OPERATIONS STANDARDS TO THE UDC, 2. Glare from site lighting or gas flaring (other than short-term or periodic flaring) shall be located designed and constructed to minimize impacts on nearby residences, excepting those whose, owners are a pa to the oil/gas lease or other property transaction enabling the operation, g. Air and Water Quality and Noise 1. Operators shall conform to all current local, state, and federal regulations and standards concerning air quality, water uali , and noise. h Wildlife Critical Areas and Cultural Resources 1. Oil and Gas Qperations shall comply with Grant County Code Chapter 24.08, "Critical Areas and Cultural Resources" as may be amended. 2, For all activities proposed in an area known to contain archaeological artifacts, as identified in Grant County Code Chapter 24,08, the pr ponent shall provide for the preservation of the resource or provide for the completion of necessarystudy and monitoring work as may be specified by the Chapter 24,08 before any drilling or excavation work begins. Should a cultural resource be discovered during operations, those operations shall be suspended pending recommendation of the Washinglon Department of Communi!y Development, Office of Archeology and Historical Preservation. i. Hazards 1. Structures and fill proposed within a floodplain shall be carried out in a manner that does not increase flood hazards upstream or downstream, nor reduces the efficiency with which flood waters are carried through the site, 2. Oil and Gas Operations shall comply with Grant County Code Chapter 24.16 "Flood Damage Prevention". 3. All operations shall provide a fire protection plan: j Access 1. Ingress and egress points shall be located and improved -(if needed) in order to: A. Assure adequate capacity for existing and projected traffic volumes: and B. Provide efficient movement of traffic. 2. All applicable governmental permits orMprovals shall have been AN ORDINANCE APPROVING AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING: 1) THE ADDITION OF DEFINITIONS FOR "OIL AND GAS TESTING" AND "OIL AND GAS OPERATONS' ; 2) THE ADDITION OF OIL AND GAS OPERATIONS AS A CONDITIONAL USE IN THE RURAL REMOTE AND AGRICULTURE ZONE; AND 3) THE ADDITION OF OIL AND GAS OPERATIONS STANDARDS TO THE UDC. obtained, including: A. Access or driveway nermits to state or county roads (if needed); B. Construction within state or county highways, and C. Overweight or oversize loads. 3. All weather access roads (including gTaveled roads), suitable to handle emergency equipment, shall be provided to within 150 feet of any built structure or surface activity area. k. Reclamation 1. Reclamation shall be carried out in accordance with Chapter 78.52 RCW. 2. Final land forms shall be stable. 3. Minimize disturbance of soil cover, to the extent practicable. 4. Maintain an abandoned site until reclamation has been completed and revegetation permanently established. 5. Reclamation shall be initiated as soon as weather and growing conditions permit after the installation of any underground facilities and after abandonment or shut-in of the well or installation of production equipment: All reclamation shall be completed no more than one wear after the completion of such activities. 1. Drainage and Infiltration 1. Stream boundaries and alignment should be preserved in a natural undisturbed state whenever possible. Any activities potentially impacting streams shall be in accordance with the Critical Areas and Cultural Resources Ordinance, Ch. 24.08, as may be amended. 2. Roads or other improvements obstructing drainages shall provide for culverts sized for storm flows as determined by the County Engineer. 3. Stormwater shall be retained onsite to the maximum extent possible, and natural drainage patterns shall not be altered in a manner which would channel or intensify pre-existing flows onto ad_ a� cent properties.