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HomeMy WebLinkAboutOrdinance 25-032-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington AN ORDINANCE ADOPTING A ORDINANCE No. 25- 03 � -CC MORATORIUM ON THE ACCEPTANCE, PROCESSING, REVIEW AND ISSUANCE OF ANY AND ALL PERMITS FOR MAJOR AND MINOR UTILITY DEVELOPMENTS AND UN- NAMED UTILITY USES, PROVIDING FOR EXCEPTIONS THERETO, PROVIDING FOR A PUBLIC HEARING, AND PROVIDING THAT THE MORATORIUM, UNLESS EXTENDED, SHALL SUNSET WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF ADOPTION. RECITALS: WHEREAS, Grant County is geographically located in a region of the state that has significant potential for the siting and development of a variety of sizes and types of wind energy conversion systems (aka "wind farms or WECS"); and, WHEREAS, although wind power is recognized as a form of clean energy production these projects also have associated impacts relating to source material concerns, impacts to views, property values, environmental impacts to fragile ecosystems and protected habitats and species, and disposal/abandonment impacts from derelict or defunct sites; and, WHEREAS, the Grant County Code does not currently provide specific development standards for wind energy production facilities; and, WHEREAS, the Board of County Commissioners believes that unless this land use issue is addressed immediately with reviewed or new zoning controls, the development of wind energy facilities may proliferate through the County without adequate mitigation and/or zoning controls to ensure the facilities are consistent with the adopted goals and policies in the Comprehensive Plan; and, WHEREAS, the Board of County Commissioners believes that it is in the best interests of the County to impose a moratorium on the acceptance, processing, review, and issuance of permits for a "utility development, major" and "utility development, minor" and "un-named utility uses" 4910-4942-6987.3 as provided for under the Grant County Unified Development Code, during the period of this moratorium for the purpose of evaluating the County's Unified Development Code for all utility developments, provided, however, the County moratorium shall not extend to electrical substations and other accessory wind generation facilities described herein; WHEREAS, the Board of County Commissioners finds that this issue presents an emergency condition within the County and that imposing this moratorium is necessary to preserve the public health, safety, and welfare of the community; WHEREAS, pursuant to WAC 197-11-880, the adoption of this ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act ("SEPA"); WHEREAS, RCW 36.70A.390 authorizes the Board of County Commissioners to enact a moratorium for a period of six (6) months subject to conducting a public hearing on the moratorium within sixty (60) days of its enactment; and, WHEREAS., RCW 36.70A.390 also authorizes the extension of the moratorium by one or more six (6) month periods as necessary. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board of Commissioners enact a moratorium as follows: A. The Board of County Commissioners hereby impose a moratorium on the acceptance, processing, review, or issuance of any pen -nit applications that allows for the use, construction or operation of a "utility development, major", "utility development, minor," and "un-named utility uses" as provided for under the Grant County Unified Development Code, pursuant to RCW 36.70A.390. B. This moratorium shall not apply to the acceptance, processing, and issuance of any permit applications for "utility development, major", "utility development minor" or "un-named utility uses" that had an issued and valid land use pen -nit in place prior to the effective date of this moratorium. C. This moratorium shall not apply to the acceptance, processing, and issuance of any permit applications for electrical substations and electrical transmission lines. D. This moratorium shall not apply to residential accessory wind generation. uses constructed on or adjacent to an existing private rivate single-family residence for purposes of augmenting that specific single-family residence's energy resources. E. A public hearing will be conducted within sixty (60) days of the effective date of this ordinance. F. Should any -part of this moratorium be found to be unlawful or unconstitutional and set aside, the remaining portions of the moratorium will remain in full effect. G. This moratorium is necessary to protect the public health, safety and general welfare. H. This ordinance shall be effective immediately. 4910-4942-6987.3 DATED this day of .12025. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON El R Chairhair El El Cindy Cart 6r,Vice-Chair E/ El El A kevin Burges ,Member ATTEST: ,4arara J. Vasquez erof the Board 4910-4942-6987.3