Agenda - 11-16-15 Reg. Meeting - Laserfiche WebLink

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100 (5) Establishing a permitting process for oil or gas development without thorough study would be premature and could result in standards that are inadequate to regulate or mitigate the local impacts, or that are unnecessarily stringent and might be subject to legal challenge as preempted by the state regulatory programs. The state regulatory program was finalized very recently and is currently subject to legal challenge. More time is needed for Lee County to determine what conditions are necessary and reasonable to supplement the State programs without being subject to preemption. WHEREAS, the County has determined that the foregoing actions or alternative courses of action are not adequate because hydraulic fracturing is a relativell j`method of extracting subsurface oil and gas and the County staff is not sufficiently informed as tompotential dangers to the public of this method and how to best regulate the same within the limitedtathority granted to local governments by the North Carolina General Assembly. WHEREAS, the County has determined that:a,�4-month moratonopn oil and gas development will provide the County an opportunity to update in its current land use ordirto*-es without being required to approve such development under its current, inadequate ordinance rad WHEREAS, the Board of Commis�oners of Lee County has determined that the moratorium imposed by the Ordinance shall termor t t ►ro years after adoption, unless such study is complete prior to such time, and that the duration of the rnoeatoraum imposed i's reasonable because that is the minimum period of time that it will take to'address ;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 ands activities vthout providing the citizens of Lee County the necessary landdevelopment guidance end"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,