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HomeMy WebLinkAboutOrd 585-2012 Windmill Moratorium.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 585-2012 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, MAKING FINDINGS RELATED TO WIND ENERGY CONVERSION SYSTEMS (WINDMILLS); ESTABLISHING MORATORIUMS ON THE PERMITTING, CONSTRUCTION AND ERECTION OF WINDMILLS IN THE CITY'S CORPORATE LIMITS AND WITHIN 5,000 FEET OF THE CITY'S CORPORATE LIMITS; PROVIDING FOR DURATION OF MORATORIUMS; PROVIDING FOR WAIVERS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR VIOLATIONS; PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City"), a home -rule municipality operating under a home rule charter, desires to study and plan for the permitting and regulation of Wind Energy Conversion Systems ("Windmills"), as defined in Section 2 of this ordinance, and the Council has determined that there should be no issuance of permits related to Windmills and no construction or erection of Windmills for the duration of said studying and planning period; and WHEREAS, on May 17, 2012, the City published notice of the time and place of two public hearings concerning proposed moratorium on Windmills in a newspaper of general circulation in the municipality; and WHEREAS, on May 21, 2012, the Council and the City's Planning & Zoning Commission conducted properly noticed public hearings regarding Windmill moratorium, providing the public an opportunity to be heard on the matter, in compliance with the Texas Open Meetings Act; and WHEREAS, based on reasonably available information, the Council finds that there is an essential public need for public facilities necessary to properly regulate and mitigate certain effects of Windmills, including but not limited to facilities such as a fire department ladder truck or other fire, police, and/or public works facilities that could enable City employees to be elevated in a safe manner in order to access and mitigate nuisance or unsafe conditions, such as noise effects, and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and WHEREAS, based on reasonably available information, the Council finds that it is currently not in a position to provide such public facilities and that the failure to provide such public facilities would be detrimental to the health, safety, and welfare of the residents of the City; and WHEREAS, the Council has been presented with evidence supporting its findings made herein, including but not limited to the fact that: (1) applying existing development ordinances or regulations and other applicable laws is not possible to accomplish in a safe manner, especially with respect to the City's authority to mitigate and/or abate ORD. 585-2012 Windmill Moratorium Page 1 of 5 05-29-12 nuisance conditions and unsafe buildings and structures without reasonable access to the type of public facilities referenced above; and (2) Windmills constructed and erected in and on certain residential or commercial lots at certain heights cause direct and/or secondary negative effects including diminution of nearby property values and the potential of damage to nearby property and persons as the safe and proper construction, erection, maintenance, repair, and use of Windmills is not sufficiently regulated by existing City ordinances and regulations; and WHEREAS, the Council has been presented with evidence supporting its findings made herein, including but not limited to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access, mitigate and/or abate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and WHEREAS, the Council has been presented with evidence including but not limited to financial and budgetary information showing that procuring the type of alternative methods of achieving the objectives of the moratorium such as temporarily rental of public facilities on as as -needed bases are unsatisfactory, as being too costly and as the availability of such facilities is not certain or predictable in the event that the need to mitigate and/or abate nuisance and safety conditions at such overhead heights may require emergency action with little notice; and WHEREAS, the Council has been presented with evidence by City Staff regarding its working plan and time schedule for achieving the purposes of the moratorium including a schedule of Council work sessions and City staff studying and planning activities; and WHEREAS, based on reasonably available information, the Council finds that the moratorium is justified because applying existing commercial development ordinances or regulations and other applicable laws is inadequate to prevent the new development from being detrimental to the public health, safety, or welfare of the residents of the municipality; and WHEREAS, the Council has been presented with evidence showing that the need to adopt new ordinances or regulations or to amend existing ordinances, including identification of the harm to the public health, safety, or welfare that will occur if a moratorium is not adopted, such harm including but not being limited to: (1) the detrimental effect on public health and safety if the City cannot provide for necessary mitigation and/or abatement of nuisance or unsafe conditions due to the City's lack of ownership or control over the type of emergency and safety facilities that would be necessary to enable City employees to be elevated in a safe manner in order to access and mitigate nuisance and safety conditions at overhead heights where the moving parts of wind turbines and protruding blades are typically located at significant heights above ground level; and (2) the City's lack of ordinances or regulations that would have the likely effect of ensuring that the construction, erection, maintenance, repair, and use of Windmills is performed at all times in a reasonably safe manner; and ORD. 585-2012 Windmill Moratorium Page 2 of 5 05-29-12 WHEREAS, the geographical boundaries in which the moratorium will apply is both within the City's corporate limits and within 5,000 feet outside the City's corporate limits and the moratorium will apply to all types of commercial development, residential development, industrial development, and any other new development; and WHEREAS, the objectives or goals to be achieved by adopting new ordinances or regulations or amending existing ordinances or regulations during the period that the moratorium is in effect include: (1) the assessment of the City's existing public facilities or lack thereof as relates to the health, safety, and welfare of the City's residents with regard to the potential abatement and/or mitigation of nuisance or unsafe conditions related to Windmills; (2) assessment of and amendments to existing ordinances and regulations related to measures required to ensure the safe and proper construction, erection, maintenance, repair, and use of Windmills; and (3) assessment of and amendments to existing ordinances and regulations related to measures required to achieve balance between the value of alternative energy sources and the protection quality of life issues for the City's residents, including but not limited to nuisance and unsafe conditions, aesthetics, and protection of property values; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated All findings, summaries, and matters stated in the preamble of this ordinance are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Definition. Unless expressly stated to contrary, the following definition shall apply for the purposes of this ordinance: Wind Energy Conversion System ("Windmill"): Any free-standing device that converts wind energy to mechanical or electrical energy commonly known as a windmill or wind turbine or any such device that is attached to an existing building or other structure and protrudes more than four feet therefrom. A Windmill is inclusive of the turbine, support pole or structure and foundation system. It does not include roof -mounted turbines that do not produce energy and are intended as a cooling device for a building. Section 3. Moratorium on Windmills During the time period set forth in Section 4, below, and any extension thereof, no permits shall be issued with respect to Windmills and it shall be unlawful for any person to construct, erect, install, or otherwise establish a Windmill within the City's corporate limits and/or within 5,000 feet outside the City's corporate limits. The moratorium applies to residential property, commercial property, industrial property, and all other property types and uses. ORD. 585-2012 Windmill Moratorium Page 3 of 6 05-29-12 Section 4. Duration of Moratorium; Extension This moratorium shall be in effect as provided for under state law and as of the date that this ordinance is adopted. As relates to all property other than commercial property, the moratorium shall expire 120 days after said date unless the moratorium is extended by further action of the Council. As relates to commercial property, the moratorium shall expire 90 days after the date that this ordinance is adopted unless the moratorium as relates to commercial property is extended by further action of the Council. Section 5. Waiver A person may apply for a waiver from the moratorium relating to the property subject to the permit by: (1) claiming a right obtained under a development agreement; or (2) providing the public facilities that are the subject of the moratorium at the landowner's cost. A written application for a waiver must be submitted to the City's Planning Department and must include the reasons for the request. The Council shall vote on whether to grant the waiver request within 10 days after the date of receiving the written request. Section 6. Savings, Severability and Repealing Clauses All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision, word, phrase, or other part of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, phrase, and/or word thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases and/or words be declared unconstitutional or invalid. To the extent that Texas Local Government Code, Chapter 212, Subchapter E does not apply to property development that includes construction, erection, installation or otherwise establishing a Windmill, the Council hereby establishes the same moratoriums on Windmills as set forth in this ordinance and for the same durations as set forth in Section 4 of this ordinance under the City's authority as a home -rule municipality. Section 7. Publication of the Caption Hereof and Effective Date This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 29th day of May, 2012. ORD. 585-2012 Windmill Moratorium Page 4 of 6 05-29-12 ATTESTED: Cit Secretary, Natha Wilkison APPROV D: Mayor, Mike Crist ORD. 585-2012 Windmill Moratorium Page 5 of 5 05-29-12