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
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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
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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.
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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.
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ATTESTED:
Cit Secretary, Natha Wilkison
APPROV D:
Mayor, Mike Crist
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