Minutes - Oct 5, 2015 Reg. Meeting

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BK:00027 PG -0896 WHEREAS, the County has determined that the foregoing actions or alternative courses of action are not adequate because hydraulic fracturing is a relatively new method of extracting subsurface oil and gas and the County staff is not sufficiently informed as to the potential dangers to the public of this method and how to best regulate the same within the limited authority granted to local governments by the North Carolina General Assembly. WHEREAS, the County has determined that a month moratorium on oil and gas development will provide the County an opportunity to update in its current land use ordinances without being required to approve such development under its current, inadequate ordinances; and WHEREAS, the Board of Commissioners of Lee County has determined that the moratorium imposed by the Ordinance shall terminate on . unless such study is complete prior to such time, and that the duration of the moratorium imposed is reasonable because that is the minimum period of time that it will take to address the problems caused by oil and gas activities and to complete the 2030 Land Use Plan. The only reasonable alternatives to imposing this moratorium are (i) adopting a hastily prepared amendment to the Unified Development Ordinance that may exceed the County's regulatory authority, or (ii) allowing oil and gas activities without providing the citizens of Lee County the necessary land development guidance and review tools required to protect the public health and safety; and WHEREAS, it is the expressed intent of the Board of Commissioners to lift the moratorium as soon as possible and to that end it will instruct all consultants, boards, and committees working on the problems and conditions necessitating the moratorium to complete their work as soon as reasonably possible so that the required ordinance or ordinances will be in place and development can resume at the earliest possible time, but with the proper safeguards in place to protect the citizens, residents, and property owners of Lee County; NOW, THEREFORE, be it ordained by the Lee County Board of Commissioners, in the Lee County Code of Ordinances, Chapter 12, Article IV: Section 12-101. Recitals Incorporated by Reference. The above and foregoing recitals are incorporated in the Ordinance by reference. Section 12-102. Statutory Authority. This Ordinance is enacted pursuant to (1) the General Statutes of the State of North Carolina, Section 153A-121, which grants Lee County general ordinance -making power; (2) General Statute, Section 153A-123, which grants Lee County the authority to enforce its ordinances; (3) General Statute, Section 153A-340, which grants Lee County the authority to adopt zoning and development regulation ordinances to promote health, safety, morals, or the general welfare, including the authority to adopt temporary moratoria; (4) General Statute, Section 113-415.1, which addresses the County's ordinance -making powers related to oil and gas development; and (5) the Lee County Moratorium Ordinance. Section 12-103. Purpose. The purpose of the moratorium is to allow the Lee County Board of Commissioners time to: 1) complete the 2030 Land Use Plan; 2) review the Mining and Energy Commission's regulations and other state and federal regulations applicable to oil and gas development to determine whether such regulations adequately protect the County and its citizens from the impacts of hydraulic fracturing and other oil and gas development activities; and, 3) develop standards and