HomeMy WebLinkAboutOrdinance 24-111-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE RELATING TO AN
AMENDMENT TO THE UNIFIED
DEVELOPMENT CODE CHAPTERS ORDINANCE No. 24- �'�' -CC
23.08, PERFORMANCE AND USE
STANDARDS; and, 25.02, DEFINITIONS
WHEREAS, Adequate accommodations have been made for agencies, individuals and interest
groups to be heard and the Planning Commission has thoroughly considered the testimony in the record,
and;
WHEREAS, the proposed amendments are not consistent with adopted Comprehensive Plan goals,
obj ectives and policies, and create adverse impacts to offsite properties, and do not promote flexibility of
property use, and;
WHEREAS, the Board of County Commissioners have found that the proposal is not consistent
with the general purpose and intent of the Grant County Comprehensive Plan; and,
WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will not
serve the public use and interest, and;
WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce
Growth Management Services in accordance with RCW 36.70A.106, and;
WHEREAS, the proposed amendments are consistent with the applicable portions of RCW
36.70B, and;
WHEREAS, the Planning Commission conducted a public hearing on October 2, 2024 and
recommended to the Board of County Commissioners denial of the proposed code amendments, and;
WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing
to consider the recommendation of the Planning Commission on November 12, 2024.
WHEREAS, the Board of County Commissioners during an open record public hearing voted to
uphold the recommendation of the Planning Commission.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board
of Commissioners, DENY the attached amendments to GCC § 23.08, and GCC § 25.02.
P24-0084 — Solar Energy Facility Amendment Ordinance
DATED this /q--�"day of �81� 52024.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Abstain NT COUNTY, ASHINGTON
J
El El Cin y Carte C air
ATTEST: F-1 F-1 F] Fyc c1f S ci)
Danny E. Stone, Vice -Chair
arbara J. asquez
Clerk of the Board lb ❑ ❑
Rob4ert!rs, Member
P24-0084 — Solar Energy Facility Amendment Ordinance
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adversely impact the natural resource production in the area and shall not require extension of urban
water and sewer services;
(3) Parking shall be provided as specified in GCC § 23.12.130;
(4) Parking areas associated with small scale recreation and tourism developments shall be located inland
away from water and beaches and shall be designed to control surface runoff and prevent the pollution
of nearby water bodies. Safe access from parking areas to recreation areas shall be provided by means
of walkways or other suitable facilities;
(5) Parks in t1--, Caper 'no 'onF''Atlo'- (0`1 a--' T'ubllr '-)acc z-n:-if, =''stricts shall not
be design c, 1 r( ited or )pera _ in aa .. wl: ch w uld -c «.,,e, lin t, c « it iat, .',,e purpose and
intent of tale zonnn, distl,ct;
(6) Facilities shall meet the fhll nwi ng qtandn rds
(A) Hour, , f c � �r 4 o -"a] Ne li iitc 1 - V .i r -•-~-d inr ,e to ' ,):Oi p.n.
(B) An; tig�_`i__g �l__il = �_. di, _.c_ - _..o1._.'c_ �s_g__ .___� . iol �xtc.-.ld be onc_ the 1_ _op_ rty b_.ul daries;
(C) Any trash or garbage receptacles shall be screened from view trom surrounding properties; and
(D) Any restroonl facilities shall be screened from view from surrounding properties and the entrance
shall be frilly visible from the public areas;
(7) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust,
smoke, odor, electrical interference to the detriment of adjoining property; and
(8) Small scale recreation and tourism developments which are also commercial enterprises designed
primarily as tourist attractions shall not exceed a gross use area of 5,000 square feet.
23.08.357 Solar Energy Facility
(a) Solar Energy Facilities shall not be allowed on properties zoned Agriculture with a Comprehensive
Plan designation of Irrigated Agriculture.
(b) Solar Energy Facilities are allowed on properties zoned Agriculture with a Comprehensive Plan
designation of Dryland or Rangeland consistent with Table 4 of GCC 23.04. Conversion of dryland
and rangeland properties must be consistent with GCC 23.04.560(e) regardless of whether or not the
soils are identified as Prime Farmlands pursuant to the NRCS Soil Survey. Limitations on parcel area
conversions for nonagricultural uses shall include any permanently placed footings, foundations, piers,
pads, slabs, paved or gravel roads, paths, walkways, parking areas, laydown yards, switchyards,
underground utilities, ponds, fences, and all other appurtenant site development. The surface area of a
ground -mounted photovoltaic cell (PV) array system, regardless of mounting angle, shall be included
in the limitations on parcel area conversions for nonagricultural uses.
(c) Solar Energy Facilities shall not be allowed on sites or portions of sites with an existing average slope
greater than 7-percent. Each solar energy facility submitted for permit consideration shall include a full
topographic survey of the site with 2-foot contour intervals. The topographic survey shall delineate all
portions of the site greater than 7-percent slope.
(d) Maximum structure height for the solar array shall be twenty t201-_feet as measured from the highest
existing native grade below each panel.
(e) Setbacks for solar energy facilities shall comply with the standard setbacks of the underlying zoning
classification. Additionally, in no case shall any component of a solar energy facility be constructed
within one thousand (1,000)-100 -feet of any nonparticipating residence.
(fl Solar Energy Facilities shall incorporate glare reducing materials. Glare reducing materials shall be
maintained over the life of the solar energy facility project. In all instances, no fugitive glare shall be
Chapter 23.08 38 ?`�ember 202:�Decemher 20 24 amendments
1 permitted to emit onto adjacent properties and/or rights -of -way. Additional glare analyses may be
2 required when a solar energy facility may have the potential to affect flight paths of military operations.
3 These requests will typically, although not exclusively, be made by the United States Department of
4 Defense.
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6 (g) Any lighting incorporated into the design of a solar energy facility shall be designed to provide full
7 cutoff shielding and shall not emit off -site glare.
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9 (h) All solar energy facilities must comply with any applicable critical area standards found in GCC 24.08.
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18 solaf eigercm, far-ility, pfopenent and the fee_AFi%..JL.. L_7AA%AA.L L/%.W
bLiQ
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20 )AIDF j Wind Pewef Guidelines
ideline have
been satisfied.
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24 (i) The applicant for any solar energy facility is required to enter into a Development Agreement with
25 Grant County pursuant to GCC 25.28Use efle-Fgy
26 may. The purpose of the development agreement is to ensure that the decommissioning/reclamation
27 of the site is adequately addressed pursuant to the following:
28 A decommissioning and reclamation plan shall be prepared and submitted as a condition of
29 approval of any Conditional Use Permit for a new solar energy facility.
30 (O}(2) A decommissioning and reclamation plan shall include a Phase I Environmental Site
31 Assessment which may identify site contamination. If evidence of potential contamination is found
32 within the project area, a Phase 2 Environmental Site Assessment shall be performed, and
33 additional mitigation measures identified.
34 (-2}(3)_ Decommissioning/reclamation of a solar energy facility shall be completed within three
35 (3) years of the date that power production is deemed to have ceased or after the facility has ceased
36 to produce power for a period of 12 consecutive months at any time during the life of the facility.
37 (-3) 4 All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth
38 of at least three (3) feet below grade shall be removed.
39 (4) 5 All fences, graveled areas and access roads shall be removed unless landowner agreement
40 to retain is presented, in writing, in which the property owner agrees for these elements to remain.
41 The property shall be restored to a condition reasonably similar to its condition prior to
42 development of the solar energy facility. Restoration/reclamation conditions must comply with the
43 Stormwater Management Manual for Eastern Washington in effect at the time of reclamation.
44 (7) The developer or owner of the solar energy facility shall develop a Soil Monitoring Plan for any
45 impacted primary agricultural soils prior to the start of construction. This plan shall last the
46 duration of the project's life with a baseline soil test conducted within the fall season immediately
47 prior to the start of construction. Annual fall testing shall occur for the first five (5) years following
48 the completion of construction and testing once every five 5) years following the initial five (51
49 year period. The soil monitoring shall include measurements for the following traits and
50 characteristics:
Chapter 23.08 39 Alevember 2.-December 2024 amendments
1 • Compaction
2 • Topsoil depth
3 • water -holding capacity
4 • Organic carbon content
5 • Organic matter
6 • Nutrient content
7 pH levels
8 • Productivity
9 qtr> > C-111rP
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rem
WON
(46) 8 The developer or owner of the solar energy facility is responsible for the decommissioning,
the development agreement shall transfer to any future operator or owner of the site.
(-749 Decommissioning/reclamation cost estimates, which shall be updated every five (5) years
from the establishment and submittal of the Security, shall include all costs associated with the
dismantlement, recycling, and safe disposal of facility components and site reclamation activities,
including the following elements:
(A) All labor, equipment, transportation, and disposal costs associated with the removal of all
facility components from the facility site;
(B) All costs associated with full reclamation of the facility site, including removal of non-native
soils, fences, and constructed access roads;
(C) All costs associated with reclamation of any primary agricultural soils at the facility site to
ensure each area of direct impact shall be materially similar to the condition it was before
construction;
(D) All decommissioning/reclamation activity management, site supervision, site safety costs;
(E) Any other costs, including administrative costs, associated with the decommissioning and
reclamation of the facility site; and
(F) The estimated date of submission of the Security to Grant County.
(-8410 Prior to issuance of any grading or building permits, an irrevocable standby letter of credit,
bond, or alternate form of Security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by this Code. The Security shall:
(A) Name the Board of County Commissioners of Grant County as the sole beneficiary of the letter
of credit;
(B) Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's,
Fitch, AM Best, or other rating agency with similar credentials.
(C) Include an automatic extension provision or "evergreen clause"; and
(D) Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the solar
energy facility operator.
(E) Grant County, in its sole discretion, may approve alternative forms of Security such as, but not
limited to: bonds, letters of credit, or other securities, if it finds that such alternative forms will
provide an assurance of the availability of financial resources for
decommissioning/reclamation that equals or exceeds that provided by the form required herein.
(F) Grant County, at its sole discretion, may also approve modified terms and timing of the bond
amounts based on the lifecycle stage of the solar energy facility.
(94LLD_The developer or owner of the solar energy facility will include in the Development
Agreement the plan for disposal of any damaged or decommissioned components. Various Solar
Energy Facility components are considered a form of toxic, hazardous electronic of "e-waste,"
therefore disposal of solar energy facility components will not be acceptable within Grant County.
(j) Damaged and Repair: Any Solar Energy Facility that is damaged by the elements or vandalism shall
be required to submit applicable building permit applications (if any required) within one year of the
Chapter 23.08 40 Alevemb-W-F 33.Decemher 2024 amendments
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date the damage was first observed. Damage and repair do not qualify as decommissioned or
abandoned unless the duration of the cessation of power production meets the requirements of GCC
23.08.357(H) above.
23.08.360 Solid Waste Handling and Disposal Facilities
(a) The following types of solid waste handling and disposal facilities include:
(1) Sanitary land .fills;
(2) Transfer stations; and
(3) Construction, demolition and land clearing (CDL) facilities.
(b) Solid waste handling and disposal facilities may be allowed subject to the following conditions in those
zoning districts specified in Tables 3, 4 and 5 of GCC § 23.04:
(1) Obtaining a conditional use permit pursuant to the requirements of GCC § 25.08;
(2) Obtaining a solid waste handling pen -nit from the Grant County Health Department; and
(3) Obtaining an access permit from the County Engineer.
23.08.370 Storage and Sale of Fertilizer, Pesticides, Herbicides, Soil Sterilants and Fumigants
(a) The following standards shall apply to all facilities that are used for the storage and sale of fertilizer,
pesticides, herbicides, soil sterilants and fumigants:
(1) A minimum lot area of ten (10) acres is required, except that smaller lot areas may be permissible
if the applicant can demonstrate that the nature and quantity of the materials present at the site as
well as the proposed site plan will comply with all applicable building code, fire code and zoning
code requirements. In no case shall the site be less than 5 acres in size;
(2) Shall have a minimum setback of fifty (50) feet on all property lines; additional setback may be
required by state or federal law;
(3) All such facilities shall be designed and located with full consideration of their proximity to
adjacent uses, their effect upon adjacent property, and to the reduction of nuisance factors;
(4) The owner or operator of such a use shall furnish evidence that the obnoxious characteristics of the
process or activity has been or shall be eliminated sufficiently as not to constitute a nuisance or be
detrimental to the health, safety, comfort or general welfare of persons residing or working in or
passing through the area; and
(5) The owner or operator of such a use shall have continuous obligation to prevent the creation of a
nuisance or hazard.
23.08.375 Storage and Treatment of Sewage Sludge and Septage
(a) Storage and treatment of sewage sludge and septage at any facility other than an approved sewerage
system plant, and development of storage or treatment facilities, are industrial uses for the purposes of
this UDC and are subject to the site standards for industrial uses in GCC § 23.08.230 and to approval
by the Grant County Health Officer.
(b) The importation of sewage sludge or septage from outside the county is subject to approval by the Grant
County Board of Health.
(c) The application of sewage sludge and septage to land for disposal or for fertilization is subject to
approval by the Grant County Board of Health.
23.08.380 Sugar Refinery Accessory Uses
Chapter 23.08
41 November 202: December 20.74 amendments
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Chapter 25.02
DEFINITIONS
Sections pale
25.02.010 Scope....................................................................................................................................... 1
25.02.020 Rules For Construction of Language...................................................................................... 1
25.02.030 Definitions............................................................................................................................... 1
A.............................................................................................................................................. 1
B............................................................................................................................................ 8-7
C....................................................................................................................................
D........................................................................................................................................174-4
E......................................................................................................................................... 20-'P
F......................................................................................................................................... 22-1-9
G........................................................................................................................................ 262-2
H........................................................................................................................................ 272-3
I.......................................................................................................................................... 29-2-5
J.............................................................................................................................................. 27
K.......................................................................................................................................... .. 27
L........................................................................................................................................ 31N
M........................................................................................................................................ 332- 9
N........................................................................................................................................3732
O............................................................................................................................................34
P............................................................................................................................................. 36
Q....................................................................................................................................... .45,1:w
R............................................................................................................................................. 42
S......................................................................................................................................... 504-5
T............................................................................................................................................. 51
U........................................................................................................................................58-.5 -3
V........................................................................................................................................ 605
W........................................................................................................................................... 55
X....................................................................................................................................... . 62-54
Y....................................................................................................................................... . 625-6
Z......................................................................................................................................... 62-55-7
Chapter 25.02
AT T er 202 ?December 2024 amendments
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Noise: any sound not occurring in the natural environment which causes or tends to cause an adverse
psychological or physiological effect on humans.
Nonconformance or Nonconforming: any use, improvement, site, lot, parcel, or structure established in
conformance with Grant County rules and regulations in effect at the time of establishment that no longer
conforms to the range of uses permitted in the site's current zoning or to the current development
standards of this UDC due to changes in this UDC or its application to the subject property.
Nonconformity is different than and not to be confused with illegality (see "Illegal Use").
Nonconforming Lot: a lot of record that was lawfully established and maintained at the effective date of
this UDC, but which because of the application of this UDC to it, does not conform to the use,
development standards, or other regulations prescribed for the zoning district in which it is located.
Nonconforming Structure or Building: a structure or building that was lawfully established and
maintained at the effective date of this UDC, but which because of the application of this UDC to it, does
not conform to the size, dimensions, location, or development standards, or other regulations prescribed
for the zoning district in which it is located.
Nonconforming Use: a use of a structure or of land that was lawfully established and maintained at the
effective date of this UDC, but which because of the application of this UDC to it, does not conform to
the use, development standards, or other regulations prescribed for the zoning district in which it is
located.
Nonparticipating Residence: a residence located on nonparticipating property that is existing and
occupied on the date an application for a permit to develop a specific project is filed with the County.
Non -Soil Dependent: any use which is included in the definition of agriculture, but which is not
dependent on the use of native soil or which does not allow continued and future use of the soil for
growing crops.
Notice of Infraction: a document initiating an infraction case when issued and filed pursuant to GCC
Chapter 25.16.
Nuisance: all violations of land use ordinances, statutes and regulations contained in this UDC are hereby
declared to be detrimental to the public health, safety and welfare and as such shall constitute public
nuisances.
Nursery: land used for the storage, cultivation, or transplanting of live trees, shrubs, or plants offered for
sale on or off the premises including products used for gardening or landscaping. Wholesale nurseries do
not have associated sales buildings, while retail nurseries may have associated sales buildings.
Nursing Home: a facility or residence that provides health or long-term care services to residents,
including nursing or other supportive or restorative health services on a twenty-four hour basis (RCW
43.190.020), duly licensed by the State of Washington as a "nursing home" in accordance with current
state statutes.
I
Occupancy: pertains to and is the purpose for which a building is used or intended to be used. A change of
occupancy is not intended to include a change of tenants or proprietors.
Occupancy, Permanent: habitation of a residence year round, or connected to permanent services or utilities
for three (3) consecutive months or longer.
Occupancy, Temporary: habitation of a residence for less than twelve (12) months, or connected to
permanent services or utilities for less than three (3) consecutive months.
Chapter 25.02 38 eyeni er 2023December 20 24 amendments