Kane County Unincorporated
City Zoning Code

To provide specific provisions related to any areas within, or partially within, the exterior boundaries of the county, or contiguous to the boundaries of the county, which are proposed for the siting of a storage facility or transfer facility for the placement of high level nuclear waste or greater than class C radioactive nuclear waste, including provisions that address the effects of the proposed site upon the health and general welfare of citizens of the state. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

Utah state code section 17-34-1(3), prohibits a county from providing municipal type services to any area under consideration for a storage facility or transfer facility for the placement of high level nuclear waste, or greater than class C radioactive waste; or seek to fund services for these facilities. Also in Utah state code section 17-27a-409, the state of Utah will indemnify the county in a challenge in a court of law regarding its decision to deny siting of a storage or transfer facility for the placement of high level nuclear waste or greater than class C radioactive waste or its refusal to provide municipal type services regarding such a facility if the county complies with Utah state code sections 17-27a-401(3)(b) and 17-34-1(3). (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

GREATER THAN CLASS C RADIOACTIVE WASTE: Low level radioactive waste that has higher concentrations of specific radionuclides than allowed for class C waste.

HIGH LEVEL NUCLEAR WASTE: Spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense related wastes.

MUNICIPAL TYPE SERVICES: Includes, but is not limited to:

   A.   Fire protection service;

   B.   Waste and garbage collection and disposal;

   C.   Planning and zoning;

   D.   Street lighting;

   E.   Life support and paramedic services;

   F.   Water;

   G.   Sewer;

   H.   Electricity;

   I.   Natural gas or other fuel; or

   J.   Law enforcement.

PLACEMENT: Transportation, transfer, storage, decay in storage, treatment, or disposal.

STORAGE FACILITY: Any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal.

TRANSFER FACILITY: Any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points.

WASTE: High level nuclear waste and greater than class C radioactive waste. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

All proposals for the siting of a storage facility or transfer facility for the placement of high level nuclear waste or greater than class C radioactive waste, wholly or partially within the county, are rejected. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

The county refuses to provide, contract to provide, or agree in any manner to provide municipal type services to any area under consideration for a storage facility or transfer facility for the placement of high level nuclear waste, or greater than class C radioactive waste. The county refuses to seek to fund services for these facilities by levying a tax or charging a service charge or fee to persons benefiting from the municipal type services. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)