Common use of Effect on the Zoning Clause in Contracts

Effect on the Zoning. Developer and County acknowledge and agree that by zoning the property “A” or “A-2” Agricultural Districts with CUP to operate the Wind Energy Project, including wind turbine generators, pad mount transformers, buried and overhead cable, substations, meteorological towers, related equipment and structures, roads, rights-of-way, and other required facilities, County shall not, during the term of the Agreement, adopt by resolution or administrative directive or policy any land use regulation, rule, moratorium or other limitation on the density, intensity, rate, timing or sequencing of development permitted on the Wind Energy Project under the approved “A” or “A-2” Agricultural Districts Zoning with CUP, except as may be necessary to: (a) Comply with any state or federal laws or regulations, provided that if any such state or federal law or regulation prevents or precludes compliance with any provision of the Agreement, such affected provision shall be modified as may be necessary in order to comply with such state or federal law or regulation; (b) Alleviate or otherwise contain a legitimate, bona fide threat to the health or safety of the general public, in which event any resolution, rule, or regulation to be imposed in an effort to contain or alleviate such threat may be imposed only after public hearing and comment and shall not, in any event be imposed arbitrarily. No public hearing and comment shall be required in those instances where the immediacy of such threat requires that such a hearing be dispensed with as determined in the sole discretion of said Board of County Commissioners. Notwithstanding the foregoing, meteorological towers or other structures which pose a hazard due to their height shall be equipped with aviation warning equipment including but not limited to appropriate striping on the masts or aviation marker balls installed upon the guy wires and marker sleeves on the bottom of the guy wires for visual recognition of such structures or other appropriate safety markings. In addition, Developer shall notify the Colorado Agricultural Aviation Association (website: www:xxxxxx.xxx) as to the location (including longitude and latitude) of such meteorological towers or other structures. (c) Adopt or enforce regular amendments to County’s building and fire safety codes. Nothing in this Agreement shall restrict the authority of County to modify or amend any current policies or regulations, and any future Development Agreement between the parties should be bound by the policies and regulations in effect at the time of execution of a new Development Agreement.