HomeMy WebLinkAboutord2013-043strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-102A
1 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator:Peter Gill / io/ 3 04/09/2013 Natural Resources
/ f/ Committee
E C iE M IE J Committee Natural Resources
Division Head:Mark 1, 7 `Q"-I, 5/7/1013
Personius �
Natural Resources
Dept.Head: JUL 1 6 2013 521/201 3 Committee
Sam Ryan Ceit ^ -1D -I3
Prosecutor:Royce Vv IATCOM COUNTY 6/42013
6/182013 Introduction
n
Buckingham /� 7— (— '3 C O U N C I L 6 Hearing
7/9/2013 NR Committee ,
Purchasing/Budget: 7232013 NR & Council
Executive:Jack Louws '7/'(.., /13
TITLE OF DO ) '/ T:
Proposed Whatcom C,/nty Code Chapter 20.51,Lake Whatcom Watershed Overlay District;and related Comprehensive Plan
Amendments
ATTACHMENTS: Ordinance
Exhibit A—Updated 20.51 based on Council's Natural Resource Committee recommendations,Exhibit B—Removal of Lake Whatcom
from existing code sections,Exhibit C—Definitions,Exhibit D—Comprehensive Plan Language changes
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date:Hearing held on 06-18-2013
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Continued discussion at Natural Resources Committee of
An ordinance to amend Whatcom County Code, Title 20—Zoning to adopt Chapter 20.51,Lake Whatcom Watershed Overlay District
and corresponding definitions in 20.97;amend Title 20—Zoning, to remove Lake Whatcom from Chapter 20.71, and applicable
sections of 20.80.600;Amend the text of Whatcom County Comprehensive Plan,Land Use Chapter policies relating to water quality
and stormwater management in the Lake Whatcom Watershed.
COMMITTEE ACTION: COUNCIL ACTION:
7/09/2013: Discussed. Schedule in Natural Resources 6/04/2013: Introduced
Committee and full Council for approval in two weeks. 6/18/2013: Hearing took place. Council referred to
' 7/23/2013: Forwarded to Council for approval Natural Resources Committee 6-1, Weimer opposed
7/23/2013: Council Adopted 6-0, Kershner absent
Ord. 2013-043
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
PLN2011-00015 Ord. 2013-043
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/counciL
SPONSORED BY: Consent
PROPOSED BY: Whatcom County Planning and Development Services
INTRODUCTION DATE: June 18, 2013
ORDINANCE NO. 2013-043
AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20 - TO CREATE
CHAPTER 20.51, LAKE WHATCOM WATERSHED OVERLAY DISTRICT AND
CORRESPONDING DEFINITIONS IN 20.97; AMEND TITLE 20 - ZONING, TO
REMOVE LAKE WHATCOM FROM CHAPTER 20.71, AND APPLICABLE
SECTIONS OF 20.80.600; AMENDING THE TEXT OF WHATCOM COUNTY
COMPREHENSIVE PLAN, LAND USE CHAPTER POLICIES RELATING TO
WATER QUALITY AND STORMWATER MANAGEMENT IN THE LAKE
WHATCOM WATERSHED.
WHEREAS, Lake Whatcom is the drinking water source for approximately
half the residents of Whatcom County; and
WHEREAS, the preservation and protection of drinking water is a high
priority for Whatcom County; and
WHEREAS, Erosion, sedimentation, phosphorus and other pollutants
associated with increased land clearing and development are of concern for a
number of reasons including their impacts on water quality and beneficial uses,
such as drinking water.
WHEREAS, Whatcom County recognizes the need to address phosphorus
loading into Lake Whatcom through land use management; and
WHEREAS, in 1998, Whatcom County, the City of Bellingham, and the Lake
Whatcom Water and Sewer District formalized their joint commitment to protect
and manage the lake through the adoption of an interlocal agreement concerning
the joint management of the lake creating the Lake Whatcom Management Program
(LWMP); and
WHEREAS, Lake Whatcom Management Program, 2010 five year work plan
included updating stormwater regulations to address phosphorus loading from new
development in the Lake Whatcom watershed; and
WHEREAS, Whatcom County council adopted the 2010 five year work plan
in Resolution 2010-031; and
WHEREAS, the Washington State Department of Ecology has listed Lake
Whatcom as an impaired waterbody and placed Lake Whatcom on the Federal Clean
Water Act 303(d) list fecal coliform and low dissolved oxygen level; and
Page 1 of 5
WHEREAS, the Washington State Department of Ecology has released the
draft Lake Whatcom TMDL calling for significant reductions in phosphorus runoff
from current conditions; and
WHEREAS, Whatcom County has addressed land use and stormwater in the
Lake Whatcom watershed through Whatcom County Code (WCC) 20.71 Water
Resource Protection Overlay, WCC 20.80.635 Stormwater Special Districts, and
WCC 20.80.735 Water Resource Special Management Areas; and
WHEREAS, Whatcom County is combining land use and stormwater
regulations from WCC 20.71, 20.80.635, and 20.80.735, along with updated
criteria, to develop Chapter 20.51 Lake Whatcom Watershed Overlay District; and
WHEREAS, in 2008, the Whatcom County Council adopted Resolution 2008-
048 declaring its intention to create a stormwater utility pursuant to RCW 36.89,
and requesting the Executive to investigate various geographic limitations and
funding options; and
WHEREAS, the Whatcom County Planning Commission held public hearings
on November 17, 2011, January 12, 2012, and March 8, 2012 on the proposed
zoning text amendment. The written public comment period was additionally held
open between November 17, 2011, January 12, 2012, and March 8, 2012; and
WHEREAS, Whatcom County staff conducted a presentation on the proposed
regulations to the Building Industry Association of Whatcom County on December
8, 2011; and
WHEREAS, Whatcom County staff facilitated a technical review of the
proposed regulations with attendance by local engineering firms, City of Bellingham
staff, and Department of Ecology staff on December 19, 2011; and
WHEREAS, on January 9, 2012, the Whatcom County Planning Commission
held a special work session with presentations on the Lake Whatcom Total
Maximum Daily Load (TMDL) and the National Pollutant Discharge Elimination
System (NPDES) Phase II Permit by staff from the Department of Ecology; and
WHEREAS, Between March 23, 2011 and October 26, 2011, Whatcom
County staff held (5) coordination meetings with the Department of Ecology to
update and refine proposed regulations based on Whatcom County's letter of
commitment dated March 10, 2011 to the Department of Ecology to expedite
amending Title 20 to address criteria affecting development in the Lake Whatcom
watershed.
WHEREAS, Whatcom County staff facilitated a technical review of the
proposed regulations with attendance by local engineering firms on March 15,
Page 2 of 5
2012; and
WHEREAS, The Whatcom County Planning Commission held work sessions
on the proposed amendments on January 12, 2012, February 9, 2012, February 23,
2012, March 8, 2012, March 22, 2012, and May 10, 2012; and
WHEREAS, Whatcom County Comprehensive Plan Goal 11G identifies
protection of water resources and natural drainage systems by controlling the
quantity and quality of stormwater runoff as an objective of Whatcom County; and
WHEREAS, The proposal was discussed at Council Committee of the Whole
on April 10, 2012, and at Natural Resource Committee on June 6, 2012, Sept. 11,
2012, Oct. 23, 2012, November 20, 2012, April 9, 2013, May 7, 2013, May 21,
2013, and July 9, 2013; and
WHEREAS, in August of 2012 new state NPDES stormwater standards came
into effect, and sections of proposed code needed to be modified to meet the
stormwater design, protection, and maintenance standards of the 2012 Stormwater
Management Manual for Western Washington; and
WHEREAS, In August of 2012, Whatcom County Ordinance 2012-023 added
County development regulations by reference to the rural element section of the
county comprehensive plan.
WHEREAS, the Washington Growth Management Act (GMA) requires county
comprehensive plans to include a rural element that protects the county's
established rural character by containing or otherwise controlling rural
development.
WHEREAS, GMA requires that the rural element of a county comprehensive
plan provide measures governing rural development that protect the rural character
by protecting critical areas, as provided in RCW 36.70A.060, and surface and
ground water resources; and
WHEREAS, the Whatcom County Council finds the amendments to be in the
best interest of the public health, safety and welfare; and
WHEREAS, the Council makes the following findings of fact to justify its
actions as required by RCW 36.70.795;
1. The Lake Whatcom Watershed Overlay District amendments were docketed by
Whatcom County Council on March 15, 2011.
2 Public Workshops were held on November 1, 2011 at the Whatcom County
Council Chambers, and on November 2, 2011 at Bloedel-Donovan Park Facility.
3. Legal notices for public hearings were published in the Bellingham Herald on
November 5, 2011, and again on December 30, 2011, February 26, 2012, and
Page 3 of 5
June 8, 2013.
4. Three public hearings were held at Planning Commission, November 17,
2011, January 12, 2012, and March 8, 2012, June 13, 2013, and one
public hearing before Whatcom County Council on June 18, 2013.
5. Public comments, questions and concerns received were recorded in the public
record and addressed in subsequent draft code as appropriate.
6. The Planning Commission recommended approval of the proposed amendments
to Whatcom County Council on May 10, 2012.
7. A determination of non-significance was issued under the State Environmental
Policy Act (SEPA) on November 2, 2011.
8. An addendum to the May 1, 2009 determination of non-significance (DNS) was
issued under the State Environmental Policy Act (SEPA) on May 21, 2013.
9. GMA requires that the rural element of a county comprehensive plan provide
measures governing rural development that protect the rural character by
protecting critical areas, as provided in RCW 36.70A.060, and surface and
ground water resources; and
10. Amendments to the Whatcom County Comprehensive Plan are proposed in
response to the Washington State Growth Management Hearings Board's
January 4, 2013 Compliance Order(GMHB No. 11-2-0010c).
11. Whatcom County Comprehensive Plan policy 2DD — 2.0 contains the required
measures to protect critical areas and surface and groundwater resources.
These measures reference Whatcom County code provisions on critical areas
and water resources. The proposed amendments to Policy 2DD —2.0 reflect the
new stormwater regulations within the Lake Whatcom Watershed by adding
reference to WCC 20.51.
12. The new chapter protects water resources by requiring new development in the
watershed to meet NPDES stormwater requirements and implement permanent
best management practices that prevent and/or treat phosphorus to match the
natural vegetated condition.
13. The Comprehensive Plan text amendments are being proposed pursuant to
WCC 2.160.010.D.
14. The zoning text amendments are consistent with the processing requirements of
WCC 20.90.050 and serve the public interest.
15. The amendments will not create an undue burden under section 1.11 of the
County Charter.
16. The proposed amendments are consistent with the Comprehensive Plan, the
Washington State Growth Management Act, and are in the public interest.
Page 4 of 5
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Whatcom County zoning code (WCC Title 20) is hereby amended as
shown in Exhibit A, B, and C.
Section 2. The Whatcom County Comprehensive Plan is hereby amended as shown
in Exhibit D.
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of
this Ordinance shall not affect or impair the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid.
ADOPTED this 23rd day of July 2013.
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APPROVED as to form:
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—A Civil Dep •Pr cor Jack Lou s, County E ecutive
( ) Approved ( ) Denied
Date Signed: 7/.3 / 1 i
Page 5 of 5
EXHIBIT A-Whatcom County Code Chapter 20.51
Chapter 20.51
LAKE WHATCOM WATERSHED OVERLAY DISTRICT
20.51.010 Purpose.
The Lake Whatcom Watershed Overlay District is intended to manage and treat stormwater
runoff and establish more stringent standards on clearing activities and reduce the
phosphorus loading into Lake Whatcom, in order to preserve and protect a unique and
important water resource, Lake Whatcom. This district is designed to protect the long-term
viability of Lake Whatcom as a drinking water source, and to comply with the requirements
set forth by the Washington State Department of Ecology through the pending Lake
Whatcom Total Maximum Daily Load (TMDL) by limiting the phosphorus loading into Lake
Whatcom that results from land disturbing or conversion projects and work, and reduces
phosphorus loading from existing sources.
20.51.030 Area and Applicability.
(1) The Lake Whatcom Watershed Overlay District is an overlay zone that covers the entire
geographic area of the Lake Whatcom watershed within Whatcom County's jurisdiction, and
applies to all land disturbing or conversion projects, work or activities within the overlay
zone.
(2) In the event that the provisions of this chapter conflict with the provisions of the
Shoreline Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the
Whatcom County Development Standards, the provisions of the underlying zoning district or
other applicable county policies or regulations, then the most restrictive shall apply;
provided, that the minimum setback provisions established in WCC 20.51.340 shall prevail.
(Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord.
2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034,
2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.51.040 Conformance.
The provisions of this chapter overlay other permit and approval requirements of the
Whatcom County Code. All use and development shall conform to all relevant requirements
and standards of:
(1) Whatcom County Code, Title 20, Zoning, except as modified by this chapter;
(2)The International Building and Fire Codes;
(3) Whatcom County Critical Area Ordinance 16.16;
(4) Flood Damage Prevention, Title 17;
(5) Subdivision, Title 21, except as modified by this chapter;
(6) Whatcom County Development Standards - Stormwater, Chapter 2, except as
modified by this chapter;
1
EXHIBIT A-Whatcom County Code Chapter 20.51
(7) Whatcom County Development Standards, Stormwater Special Districts, Chapter 2-
Section 221, except as modified by this chapter;
(8) Whatcom County Code, Title 23, Shoreline Management Program;
(9) Whatcom County Code, Title 24 Health Code; and
All other applicable official controls
20.51.050 Permitted Uses.
All permitted uses in the underlying zone districts are permitted except as expressly
prohibited, made conditional, or further conditioned by this chapter.
.051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2009-009 Exh.
A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003;
Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021
§ 1, 2001; Ord. 99-086, 1999).
20.51.060 Accessory uses.
All accessory uses in the underlying zone districts are permitted except as expressly
prohibited or made conditional, or further conditioned by this chapter. (Ord. 2009-009 Exh.
A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003;
Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021
§ 1, 2001; Ord. 99-086, 1999).
20.51.070 Conditional Uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless
expressly prohibited, made conditional, or further conditioned by this chapter. In addition,
the following uses shall only be conditionally permitted:
.071 On-site storage facilities for hazardous wastes associated with outright permitted uses
or approved conditional uses, other than cottage industries as defined in WCC 20.51.095,
subject to the most current siting criteria under Chapter 173-303 WAC within the Rural,
Rural Forestry, Commercial Forestry, Neighborhood Commercial and Resort Commercial
Zone Districts only.
.072 Retail or wholesale plant nurseries or greenhouses for storage, propagation and
culture of plants, provided:
(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake
Whatcom or streams subject to the Shoreline Management Program; 200 feet from fish-
bearing streams; or 150 feet from other streams and their tributaries that flow into Lake
Whatcom.
(3) A monitoring program has been established to ensure that chemical and pesticide
quantities in stormwater runoff do not exceed state water quality standards. Complete
control of drainage from the operation shall be in effect. Such runoff will be tested for
2
EXHIBIT A-Whatcom County Code Chapter 20.51
pollutants bimonthly by a licensed water quality testing agency. All requirements will be met
at the owner's expense.
(4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as
containing more than zero percent phosphorous or other compound containing
phosphorous, such as phosphate; provided, that such fertilizers may be used for
establishment of new vegetation in the first growing season.
.073 Type I solid waste handling facilities, except:
(1) Moderate risk waste facilities; and
(2) Facilities in the Recreation and Open Space District. (Ord. 2009-009 Exh. A, 2009; Ord.
2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049
§ 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord.
2001-021 § 1, 2001; Ord. 99-086, 1999).
20.51.080 Prohibited Uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are
prohibited, except as per Chapter 20.83 WCC:
.081 Dry cleaning establishments.
.082 Gas stations, service stations, combustion engine repair garages and automotive
wrecking yards.
.083 Sod farming.
.084 Aquaculture and mariculture projects.
.085 Operation of fur farms.
.086 Confinement feeding operations.
.087 Asphalt and concrete batch plants.
.088 Gravel bar scalping projects within the jurisdiction of the Shoreline Management
Program.
.089 Utilization of sewage sludge on land.
.090 On-site treatment facilities for hazardous wastes.
.091 Type I solid waste handling facilities, except those specified in WCC 20.51.073.
.092 Type II, Type III, and Type IV solid waste handling facilities.
.093 Golf courses.
3
EXHIBIT A-Whatcom County Code Chapter 20.51
.094 Cemeteries.
.095 Cottage industries that would require on-site hazardous waste storage facilities.
.096 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts;
provided, that surface mining, rock crushing, washing and sorting subject to the Forest
Practices Act (Chapter 76.09 RCW) are permitted.
.097 Major passenger intermodal terminals.
.098 Freight railroad switching yards and terminals.
.099 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the
cultivation of crops.
.100 Animal hospitals and accessory kennels and stables.
.101 Commercial kennels and stables. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1,
2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord.
2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1,
2001; Ord. 99-086, 1999).
20.51.300 Open space.
.301 Open space requirements shall be as follows:
(1) Open space areas shall be maintained in natural vegetation or landscaped per WCC
20.80.325.
(2) For properties within the jurisdiction of the Shoreline Management Program (WCC Title
23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that
are located waterward of the ordinary high water mark shall not be used in open space
calculations.
20.51.310 Cluster subdivisions.
The purpose of cluster subdivision is to provide a method of creating building lots with
spatially efficient sizes. Clustering is intended to consolidate development and associated
infrastructure, reduce development costs, and increase infrastructure efficiency. Clustering
is also intended to help preserve open space and the character of areas, reduce total
impervious surface area, and minimize development effects on critical areas and associated
buffers, as defined in Chapter 16.16 WCC, and resource lands. Preservation of open space is
thereby intended to reduce potential stormwater runoff and associated impacts while
assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife
habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic
values including view corridors, and preservation of trail and/or recreation areas. (Ord.
2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-
4
EXHIBIT A-Whatcom County Code Chapter 20.51
007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075,
2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.51.320 Cluster design standards.
The creation of new building lots within the Lake Whatcom Watershed Overlay District shall
be subject to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five
acres in size, with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area meeting the
criteria established in WCC 20.51.330.
(3) The minimum cluster lot size requirements of the underlying zone district shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
(5) Clusters containing two or more lots of less than one acre within a proposed
development shall be separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short subdivision or
binding site plan process pursuant to WCC Title 21.
(7) Building lots shall be designed and located to be compatible with, and avoid disturbance
of, critical areas or known archaeological sites, as well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
(9) A cluster subdivision shall have no more than two common encroachments on existing
county roads unless site constraints require additional road access. The arrangement of
clustered building lots shall be designed to avoid development forms commonly known as
linear, straight line or highway strip patterns.
(10) As applicable, interior streets shall be designed to allow future vehicular access to any
portion of the reserve tract which may be divided into future building lots; provided, that
the required permanent open space reserve area, pursuant to WCC 20.51.330, shall not be
further subdivided. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048
Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A,
2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002).
20.51.330 Open space reserve area.
(1) For purposes of this title, an "open space reserve area" shall be defined as that portion
of a subdivision or short subdivision set aside in accordance with this chapter, and
permanently dedicated for active or passive recreation, critical area protection, natural
resource or archaeological site preservation, wildlife habitat and/or visual enjoyment, and
shall be consistent with the definition of"open space" pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
5
EXHIBIT A-Whatcom County Code Chapter 20.51
(a) The minimum open space reserve area shall be determined by the minimum
cluster subdivision reserve area requirements of the underlying zone district.
(b) A permanent open space reserve area shall be protected using one of the following
mechanisms:
(i) Placement in a separate nonbuilding tract owned in common by all lots within
the subdivision; or
(ii) Covered by a protective easement which protects at least the minimum
required cluster reserve area specified in the underlying zone district; or
(iii) Preserved through an appropriate permanent protective mechanism that
provides the same level of permanent protection as subsection (2)(b)(i) of this
section as determined by the county zoning administrator or hearing examiner
which applies to at least the minimum required cluster reserve area specified in
the underlying zone district.
(c) The boundaries of the open space portion of the reserve area may be altered only
if the county finds that in dedicating adjacent reserve areas it would further the
objectives listed in WCC 20.51.310 by altering the reserve area and increasing the
area of reserve proportionately on the adjacent land being subdivided so that there is
no net reduction in open space reserve area.
(d) The purpose of the open space reserve area as defined in subsection (1) of this
section shall be recorded on the face of the final plat or short plat.
(e) The remaining unused development density and/or impervious surface allowances
remaining on the parcel containing the open space reserve area, based on the gross
density of the parent parcel, may be assigned to that portion of the reserve tract not
subject to the minimum area requirements of subsection (2)(b) of this section. The
density shall be recorded on the face of the final plat or short plat. The development
rights assigned to the reserve tract in accordance with this subsection may not be
transferred if the area associated with the reserve tract has been transferred to the
other building lots within the subdivision.
(f) The requirements stated in subsections (2)(c) and (d) of this section shall be
recorded as a restriction on the face of the final plat or short plat, and shall constitute
an agreement between Whatcom County and the current/future owner(s) of record
that shall run with the land. Said restriction(s) may be amended by mutual agreement
between said parties after review for consistency and compliance with the official
Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance, and
the Whatcom County Comprehensive Plan.
20.51.340 Building setback/buffer areas.
.341 Setbacks for all properties within the overlay district shall be as follows: Class I and
Class II roads shall have a minimum setback of 30 feet; and Class III, IV and V roads shall
6
EXHIBIT A-Whatcom County Code Chapter 20.51
have a minimum setback of 20 feet; provided, that the road right-of-way meets the
minimum standard for road rights-of-way pursuant to the Whatcom County Development
Standards.
.342 Roof overhangs or other overhanging architectural features shall not project further
than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet
into the front yard setback; however, in no case shall they extend more than one-half the
depth of the front yard setback. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005;
Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord.
2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001-021 § 1,
2001; Ord. 99-086, 1999).
20.51.350 Development criteria.
(Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord.
2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034,
2002; Ord. 2001-021 § 1, 2001).
20.51.360 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20
feet in length; provided, that for any parking area of six or more spaces, 50 percent of all
spaces may have the rectangular dimensions of eight feet in width and 15 feet in length;
and further provided, that these spaces are marked for use by compact automobiles. Except
in single-family residential areas, all dimensions shall be exclusive of driveways, aisles and
other circulation areas required under WCC 20.80.560 and 20.80.570. (Ord. 2009-009 Exh.
A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003;
Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021
§ 1, 2001; Ord. 99-086, 1999).
20.51.370 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless
otherwise specified in this section. Minimum parking requirements may be reduced through
any of the following methods:
(1) A shared parking agreement has been filed with the county auditor establishing a shared
parking lot for land uses with noncompeting hours of operation, or for multitenant retail and
commercial facilities; provided, the parking lot is not located further than 700 feet from any
of the uses it is intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use
with the highest parking demand.
(b) Mixed use developments with similar operating hours may be required to submit a
parking demand study to determine if parking can be combined.
(2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet
of any regularly scheduled bus stop.
7
EXHIBIT A-Whatcom County Code Chapter 20.51
(3) The zoning administrator determines that a reduced requirement will reduce overall
impervious surfaces while maintaining consistency with this title. (Ord. 2009-009 Exh. A,
2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord.
2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1,
2001; Ord. 99-086, 1999).
20.51.390 Vehicular access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each
existing lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to
share access points. In new developments, lots or leased sites shall be oriented toward
internal driveways, parking areas, or roads with limited access to arterial or collector roads.
(Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord.
2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034,
2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.51.400 Roads, curbs, gutters and sidewalks.
The intent of this section is to reduce impervious surfaces and stormwater runoff.
Innovative street sections, which do not compromise public safety, shall be encouraged in
the watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and
vehicular circulation requirements may be implemented with the approval of the Whatcom
County public works department. Unless specifically required, roads shall not be wider than
the minimum applicable standard. A rural road standard may be approved by the Whatcom
County public works department for urban density residential areas where the developer
provides adequate off-street parking and pedestrian walkways. (Ord. 2009-009 Exh. A,
2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord.
2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1,
2001; Ord. 99-086, 1999).
20.51.410 Seasonal Clearing Activity Limitations
The intent of seasonal clearing activity limitations is to establish a more stringent standard
for clearing activity in highly valued water resource areas, environmentally sensitive areas,
or areas where natural conditions are so unstable that clearing activity in the areas can
result in hazardous conditions. Implementation of best management practices, including
phased clearing, tree retention and seasonal clearing limitations, is intended to limit the
amount of exposed soils on site that are susceptible to erosion at any one time, thereby
improving site stability during development and reducing potential for transport of dissolved
pollutants and sediments off site. Preservation of existing trees on site also reduces the
quantity and maintains the quality of stormwater leaving a site during and after
development activities by encouraging interception, infiltration and evapotranspiration of
rainfall and surface runoff.
8
EXHIBIT A-Whatcom County Code Chapter 20.51
(1) County review and approval shall be required for all clearing activities associated with a
fill and grade permit, building permit or other development proposal.
(2) Clearing activity, as defined in WCC 20.97.054, that will result in exposed soils
exceeding 500 square feet shall not be permitted from October 1st through May 31st;
provided, that:
(3) The zoning administrator may approve an exemption to this requirement for the
following activities:
(a) Routine maintenance and repair of erosion and sediment control measures;
(b) Activities located at or waterward of the ordinary high water mark subject to
state, federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions
of approval requiring commencement of clearing activity between October 1st and
May 31st for purposes of minimizing surface water disturbance and site inundation by
high water or wave action;
(c) Activities necessary to address an emergency that presents an unanticipated and
imminent threat to public health, safety or the environment that requires immediate
action within a time too short to allow full compliance with this section. Upon
abatement of the emergency situation, the clearing activity shall be reviewed for
consistency with this chapter and may be subject to additional permit requirements;
provided, that the applicant shall make a reasonable attempt to contact the zoning
administrator prior to the activity. When prior notice is not feasible, notification of
the action shall be submitted to the zoning administrator as soon as the emergency
is addressed and no later than two business days following such action. Emergency
construction does not include development of new permanent protective structures
where none previously existed.
(d) The proposed activity does not involve the conversion of forest land, is outside
critical areas and associated buffers, and is exclusively related to agriculture as
defined in this title; or
(e) The proposed activity consists of non-conversion forest practices, other than
Class IV-General forest practices on platted land, and other than those with an
approved COHP regulated under Chapter 76.09 RCW; or
(4) To ensure compliance with subsection (2) of this section, Whatcom County planning and
development services shall not issue development permits requiring more than 500 square
feet of land disturbance located within the Lake Whatcom watershed within two weeks prior
to the watershed seasonal closure on October 1st.
(5) Soil disturbance associated with an exempt clearing activity shall be minimized to the
maximum extent practicable. The zoning administrator shall have the authority to condition
an exempt activity to ensure that temporary erosion and sediment control measures will be
implemented.
9
EXHIBIT A-Whatcom County Code Chapter 20.51
(6) An exemption from the seasonal land clearing requirements of this section does not
grant authorization for any work to be done in a manner that does not comply with other
provisions of this chapter or other applicable development regulations.
(7) Within the Lake Whatcom Watershed Overlay District, clearing activity must conform to
the following conditions:
(a) Temporary erosion and sediment control shall be installed and inspected prior to
any clearing activity. The technical administrator shall conduct periodic inspections
to ensure the integrity of temporary erosion and sediment controls. Temporary
erosion and sediment control measures include, but are not limited to, installation of
silt fencing, installation of check dams, covering of excavation piles, and mulching of
exposed soils, as specified in the Whatcom County Development Standards.
(b) Phased Clearing. Construction activities and clearing activities shall be phased to
limit the amount of exposed soil that occurs at any one time, if determined to be
appropriate by the technical administrator, based on site characteristics or
constraints including, but not limited to, slopes, proximity to shorelines and
wetlands. A phased clearing plan may be required. A phased clearing plan, if
required, shall be submitted for review and approval by the technical administrator
prior to any clearing activity and shall contain a detailed construction schedule or
timeline.
(c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization
within two days of the time of disturbance. The technical administrator may approve
an exemption to this requirement when a tree canopy area retention plan includes a
soil stabilization plan. This plan component must specifically detail erosion and
sediment control and stormwater runoff measures that provide runoff control equal
to or greater than the protection provided by the standard two-day soil stabilization
requirements of this section.
20.51.420 Permanent Stormwater Management Systems
(1) Exemptions. This section does not apply to any of the following projects, work, or
activities (which does not necessarily exempt them from other stormwater related titles
and/or standards that might otherwise apply; see WCC 20.51.040(6), WCC
20.51.040(7) and WCC 20.80.630(3)) within the Lake Whatcom Watershed Overlay
District:
(a) Installations of, and/or repairs to, and/or replacements of, any of the following
facilities:
1. Below grade:
i. Pipe,
ii. Conduit,
iii. Ductwork,
10
EXHIBIT A-Whatcom County Code Chapter 20.51
iv. Cabling and wiring (direct burial or conduit encased),
2. Above grade:
i. Utility or light poles,
ii. Communication and/or data transmission systems pedestals,
3. Below grade, at grade, and/or above grade appurtenances to any of the above
respective facilities.
(b) Roof replacements and/or conversions at the same, or less, surface area.
Conversions to metal roofs require coatings with inert non-leachable materials.
(c) Deck, porch, and/or other raised surfaces area replacements at the same, or less,
surface area.
(d) Land disturbing activities (per WCC 20.97 definition) of less than 5,000 square feet
in total area, excluding any impervious surface area work within the land area
disturbed.
(e) Projects, work, or activities that will create less than:
1. 501 square feet of previously nonexistent impervious surface area and/or
permeable pavement area (per WCC 20.97 definitions), and/or
2. 1,501 square feet of replaced impervious surface area and/or replaced
permeable pavement area (per WCC 20.97 definitions).
(f) Maintenance (e.g., debris, moss, and/ or mildew removal) of existing impervious
surface areas and/or permeable pavement areas. Pre-existing nonconforming
impervious surfaces may be routinely maintained/repaired.
(g) If a legal nonconforming structures are destroyed, the nonconforming use may be
reconstructed using the pre-existing footprint. Damage repairs (e.g., from fire,
wind, falling trees or limbs, flooding) to existing impervious surface areas and/or
permeable pavement areas within their same respective existing footprints.
Expansion of nonconforming impervious surfaces shall be subject to this ordinance.
(h) For a Single Family Dwelling that meets all of the following:
1. To be located within the platted boundaries of, and in general belonging to, an
incorporated homeowners association; and
2. Which association has a stormwater runoff management and phosphorus
mitigation plan that provides at least the same level of overall protection from
and/or treatment of phosphorus runoff to Lake Whatcom as would the
application of WCC 20.51.420(2) to any of the individual parcels therein that
may be developed; and
11
EXHIBIT A-Whatcom County Code Chapter 20.51
3. Which plan is in effect through an ongoing implementation program, applicable
to all newly developed parcels within that association's boundaries, as well as to
the association as a whole; and
4. Which plan and program have been agreed to by a memorandum of agreement
between Whatcom County and the Incorporated Homeowners Association; and
5. Permanent Best Management Practices shall follow the NPDES standards in
WCC 20.80.630.
(2) Best Management Practices.
(a) Unless otherwise exempt per WCC 20.51.420(1), or unless a standard land use
vesting determination concludes otherwise, all projects, work, or activities,
including subdivisions, binding site plans, and non-exempt new short subdivision
parcels, proposed to occur within the Lake Whatcom Watershed Overlay District
shall incorporate presumptive BMPs and/or demonstrative BMPs, per WCC
20.51.420(2)(c) and/or WCC 20.51.420(2)(d), respectively, to:
(1) All project, work, or activity affected:
i. Net land area disturbed (per WCC 20.97 definition, and/or
ii. Newly created and/or replaced:
A. Net new impervious surface area (per WCC 20.97 definition), and/or
B. Net replaced impervious surface area (per WCC 20.97 definition), and/or
C. Net new permeable pavement area (per WCC 20.97 definition), and/or
D. Net replaced permeable pavement area (per WCC 20.97 definition),
and/or
(2) Existing off-parcel phosphorus-unmitigated areas and/or on-parcel phosphorus-
unmitigated areas within the entire Lake Whatcom Watershed at a 2:1 ratio of
phosphorus-unmitigated area to the corresponding project, work, or activity
affected area(s) that WCC 20.51.420(2)(a)(1)(i) — (ii) outlines.
(3) The developable areas and infrastructure as required for long and short
subdivision approval. A stormwater management plan for developable areas
and required infrastructure, consistent with the 2012 Stormwater Management
Manual for Western Washington is required prior to preliminary plat approval.
Installation of required BMPs for infrastructure is required prior to final plat
approval.
(b) The development stormwater runoff (per WCC 20.97 definition) phosphorus loading
profile from each phosphorus-mitigated area noted in WCC 20.51.420(2)(a)(1) &
(2) shall not exceed the corresponding natural stormwater runoff (per WCC 20.97
12
EXHIBIT A-Whatcom County Code Chapter 20.51
definition) phosphorus loading profile from each respective phosphorus-mitigated
area.
(c) Presumptive BMPs (per WCC 20.97 definition). Presumptive BMPs, which are
combinable with each other and with demonstrative BMPs, follow:
1. Full infiltration and downspout full infiltration. See the 2012 Stormwater
Management Manual for Western Washington BMP T5.10A Volume III Section
3.1.1 and Volume III Chapter III Section 3.3.9(A). Use of these BMPs may
require an engineered design (per WCC 20.97 definition).
2. Full dispersion:
i. See current Stormwater Management Manual for Western Washington
Volume V Chapter 5 BMP T5.30. This BMP might, but does not necessarily,
require an engineered design. See the 2012 Stormwater Management
Manual for Western Washington Volume V, Chapter 5, pages 5-30 through
5-38 for further design requirements and infeasibility criteria.
(d) Demonstrative BMPs (per WCC 20.97 definition). Demonstrative BMPs, which are
combinable with each other and with presumptive BMPs, use engineered designs
that, once constructed or installed, and presuming that system preservation
activities occur as prescribed by the design engineer, will satisfy the 2012
Stormwater Management Manual for Western Washington Minimum Requirements
numbers 3 through 9, disregarding any Minimum Requirement applicability
thresholds therein, while also conforming to at least one of the following:
1. The engineered design limits the estimated phosphorus loading in development
stormwater runoff to less than 0.1875 lb of P/acre/year. Engineered designs
shall cite and use only WSDOE-approved references for estimated phosphorus
loading information and criteria.
2. The monthly development stormwater runoff volume does not exceed the
monthly natural stormwater runoff volume of the project, work, or activity
affected areas, as determined by a WSDOE-approved continuous runoff model.
3. Development stormwater runoff does not occur
(3) System Recording, Protection, and Maintenance. A declaration of covenant shall be
recorded for each property where permanent stormwater BMPs exist. The covenant is
used to protect the stormwater management facilities from cover by structures or
impervious material, soil compaction, and damage by soil removal and grade alteration.
A draft of the proposed covenant must be reviewed and approved by Whatcom County
prior to recording. All required covenants must be recorded prior to final permit
issuance for the proposed project.
(a) Notice on Title: For all permanent stormwater facilities, the type of stormwater
system and location shall be recorded with the County Auditor real estate records in a
format similar to the recording documents in Whatcom County Development
13
EXHIBIT A-Whatcom County Code Chapter 20.51
Standards, Chapter 2, Section 221. The recording document provides notice to future
owners of the presence of stormwater system on the lot, and shall contain:
(i) A site plan to scale, showing the location and descriptions of stormwater
facilities, treatment BMPs, terrain features, Protective Native Growth Areas, and
stormwater flowpaths.
(ii) Notice of the property owner's responsibility to retain, uphold, and protect
the devices, features, pathways, Protective Native Growth Areas, and operate
and maintain BMPs at the owner's expense.
(b) Protected Native Growth Area (PNGA): For projects that utilize dispersion for
their stormwater system, a Protected Native Growth Area covenant shall be required to:
(i) Include native plant species including, but not limited to, those on approved
lists provided by Whatcom County common to this region.
(ii) Be described in the recorded documents as "a Protected Native Growth Area
established for the purposes of dispersing and treating stormwater flows."
(iii) Retain all vegetation and trees within the PNGA at the time of permit
application aside from approved timber harvest activities and the removal of
hazardous and diseased trees (as defined in Chapter 20.97 WCC), an
evaluation and determination by an ISA licensed arborist may be required.
(iv) The PNGA can include onsite critical areas and its buffer,
(v) Limit uses in the PNGA to those specified in WCC 16.16.
(vi) Provide a Notice of Activity consistent with WCC 16.16.235, to remove trees
within a PNGA when a permit is not required by 20.51.420(1), under the
following circumstances:
1. Fire prevention methods when supported by the county fire marshal;
2. Hazard trees, as defined in Chapter 20.97 WCC, are identified (an
evaluation and determination by a licensed arborist may be required);
3. Encroachments where the trunk, branches, or roots would be, or are in
contact with main or accessory structures; or
4. Where installation and/or maintenance of roads or utilities would
unavoidably require removal or cutting through the root system.
14
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
Chapter 20.71
WATER RESOURCE PROTECTION OVERLAY DISTRICT*
Sections:
20.71.010 Purpose.
20.71.020 Application.
20.71.021. Area and applicability.
20.71.050 Permitted uses.
20.71.100 Accessory uses.
20.71.150 Conditional uses.
20.71.200 Prohibited uses.
20.71.300 Open space and impervious surfaces.
20.71.350 Cluster subdivisions.
20.71.351 Cluster design standards.
20.71.352 Open space reserve area.
20.71.400 Building setback/buffer areas.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
20.71.602 Parking requirements.
20.71.603 Alternative surfacing methods.
20.71.604 Vehicular access.
20.71.700 Roads, curbs, gutters and sidewalks.
*Prior legislation:Ord.2008-035,which expired March 20, 2009,was formerly codified in this chapter.
20.71.010 Purpose.
The Water Resource Protection Overlay District is an overlay zone that is intended to impose additional
controls to preserve and protect unique and important water resources within Whatcom County.This
district is designed to protect the long-term viability of the LakeiPAatesiaaLake Samish and Lake Padden
watersheds while creating a regulatory framework to address the needs of these watersheds that are not
otherwise provided for in the underlying zone districts. (Ord.2009-009 Exh.A, 2009; Ord. 2005-085§ 1,
2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075,
2002; Ord.2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.020 Application.
(Ord.2009-009 Exh. A, 2009; Ord. 2005-085§ 1, 2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1,
2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1,
2001).
20.71.021 Area and applicability.
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
(1)The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic
area of the Lake Whatcom, Lake Samish and Lake Padden watersheds within Whatcom County's
jurisdiction. For purposes of this title,the Lake Samish watershed shall consist of that portion of the
Friday Creek subbasin of the Samish River watershed that lies within Whatcom County.
(2)This district may be expanded to include other areas through the annual zoning text amendment
process.
(3)The Lako Whatcom, Lake Samish and Lake Padden watersheds are also designated as stormwater
special districts pursuant to WCC 20.80.635 and water resource special management areas pursuant to
WCC 20.80.735.
(4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline
Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County
Development Standards,the provisions of the underlying zoning district or other applicable county
policies or regulations,then the most restrictive shall apply; provided,that the minimum setback
provisions established in WCC 20.71.401 shall prevail. (Ord. 2009-009 Exh.A, 2009; Ord. 2005-085§ 1,
2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh.A, 2003; Ord. 2002-075,
2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.050 Permitted uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made
conditional, or further conditioned by this chapter.
.051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2009-009 Exh.A, 2009; Ord.
2005-085§ 1, 2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh. A, 2003;
Ord.2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord.99-086, 1999).
20.71.100 Accessory uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter. (Ord. 2009-009 Exh.A, 2009; Ord. 2005-085§ 1, 2005;
Ord.2004-007§ 1, 2004; Ord.2003-049§ 1, 2003; Ord.2003-032 Exh. A, 2003; Ord. 2002-075, 2002;
Ord.2002-034,2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.150 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited, made conditional, or further conditioned by this chapter. In addition,the following uses shall
only be conditionally permitted:
.151 On-site storage facilities for hazardous wastes associated with outright permitted uses or approved
conditional uses, other than cottage industries as defined in WCC 20.71.215, subject to the most current
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry,
Neighborhood Commercial and Resort Commercial Zone Districts only.
.152 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of plants,
provided:
(1)Greenhouses shall not be larger than 1,000 square feet.
(2)Greenhouses and cultivated ground shall not be located within 250 feet of Lako Whatcom, Lake
Samish, Lake Padden or streams subject to the Shoreline Management Program;200 feet from fish-
bearing streams; or 150 feet from other streams and their tributaries that flow into LLake` hat Lake
Samish or Lake Padden.
(3)A monitoring program has been established to ensure that chemical and pesticide quantities in
stormwater runoff do not exceed state water quality standards. Complete control of drainage from the
operation shall be in effect. Such runoff will be tested for pollutants bimonthly by a licensed water quality
testing agency. All requirements will be met at the owner's expense.
(4)No person shall apply a commercial fertilizer, either liquid or granular,that is labeled as containing
more than zero percent phosphorous or other compound containing phosphorous, such as phosphate;
provided,that such fertilizers may be used for establishment of new vegetation in the first growing
season.
.185 Type I solid waste handling facilities, except:
(1)Moderate risk waste facilities; and
(2)Facilities in the Recreation and Open Space District. (Ord. 2009-009 Exh.A, 2009; Ord. 2005-085§ 1,
2005; Ord. 2004-014§2, 2004; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh.
A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except
as per Chapter 20.83 WCC:
.201 Dry cleaning establishments.
.202 Gas stations, service stations, combustion engine repair garages and automotive wrecking yards.
.203 Sod farming.
.204 Aquaculture and mariculture projects.
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
.205 Operation of fur farms.
.206 Confinement feeding operations.
.207 Asphalt and concrete batch plants.
.208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program.
.209 Utilization of sewage sludge on land.
.210 On-site treatment facilities for hazardous wastes.
.211 Type I solid waste handling facilities, except those specified in WCC 20.71.185.
.212 Type II and Type Ill solid waste handling facilities.
.213 Golf courses.
.214 Cemeteries.
.215 Cottage industries that would require on-site hazardous waste storage facilities.
.216 Surface mining outside of designated Mineral Resource Lands(MRL)Special Districts; provided,
that surface mining, rock crushing, washing and sorting subject to the Forest Practices Act(Chapter
76.09 RCW)are permitted.
.217 Major passenger intermodal terminals.
.218 Freight railroad switching yards and terminals.
.219 Agriculture, including animal husbandry, horticulture,viticulture,floriculture, and the cultivation of
crops.
.220 Animal hospitals and accessory kennels and stables.
.221 Commercial kennels and stables. (Ord. 2009-009 Exh.A, 2009; Ord.2005-085§ 1, 2005; Ord.
2004-014§2, 2004; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord.2003-032 Exh. A,2003;
Ord. 2002-075,2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord.99-086, 1999).
20.71.300 Open space and impervious surfaces.
.301 Open space requirements shall be as follows:
(1)For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as open space.
Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
(2)For uses in the RC Zone, at least 40 percent of the parcel shall be reserved as open space.
(3)Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325.
(4)For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located
waterward of the ordinary high water mark shall not be used in open space calculations.
.302 Impervious surface requirements shall be as follows:
(1)For uses in the UR, URM and RR Zone Districts, at least 80 percent of the lot or parcel shall be kept
free of structures and impervious surfaces.
(2)For uses in the R Zone District, at least 90 percent of the lot or parcel shall be kept free of structures
and impervious surfaces.
(3)Where subsection (1)or(2)of this section does not allow 2,500 square feet of total impervious surface
area, 2,500 square feet shall be allowed.
(4)Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be treated
as one undivided parcel for the purpose of calculating total allowable impervious surface.Where two or
more lots or parcels are consolidated; are not subject to the provisions of WCC 20.83.070; and are not
subject to a permanent restrictive covenant that precludes development of buildings, structures or other
improvements not otherwise identified by said covenant, 4,000 square feet of impervious surface shall be
allowed.
(5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or redeveloped;
provided,that if 50 percent or greater of the preexisting nonconforming impervious area is to be
redeveloped,then the applicable impervious surface limitations of subsections(1), (2)and (3)of this
section shall apply. However, if a legal nonconforming structure is destroyed,the nonconforming use may
be reconstructed using the pre-existing footprint. Expansion of nonconforming impervious surfaces shall
be prohibited.
(6)A mobile home within an existing mobile home park may be replaced with a larger mobile home(not
to exceed a maximum of 1,500 square feet), provided there is not an increase in the overall number of
mobile homes in the park or any increase in other impervious surfaces beyond the new mobile home
footprint.
(7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located
waterward of the ordinary high water mark shall not be used in impervious/pervious surface calculations.
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
(8)Any portion of a roof overhang or other overhanging architectural feature which projects further than
three feet from the footprint of a structure shall be calculated as impervious surface.
(9)Alternative surface methods described in WCC 20.71.603 may be used. (Ord. 2009-009 Exh.A, 2009;
Ord. 2005-085§ 1, 2005; Ord.2005-079§ 1, 2005; Ord.2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003;
Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-063§ 1, 2001; Ord.
2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.350 Cluster subdivisions.
The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient
sizes. Clustering is intended to consolidate development and associated infrastructure, reduce
development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve
open space and the character of areas, reduce total impervious surface area, and minimize development
effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands.
Preservation of open space is thereby intended to reduce potential stormwater runoff and associated
impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife
habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values including
view corridors, and preservation of trail and/or recreation areas.(Ord. 2009-009 Exh.A, 2009; Ord. 2005-
085§ 1, 2005; Ord. 2005-048 Exh.A, 2005; Ord. 2004-007§ 1,2004; Ord.2003-049§ 1, 2003; Ord.
2003-032 Exh.A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord.2001-021 § 1, 2001; Ord. 99-
086, 1999).
20.71.351 Cluster design standards.
The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to
the following design standards:
(1)Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size,
with the exception of boundary line adjustments.
(2)A cluster subdivision shall include a permanent open space reserve area meeting the criteria
established in WCC 20.71.352.
(3)The minimum cluster lot size requirements of the underlying zone district shall apply.
(4)The maximum number of building lots in a lot cluster shall be 10.
(5)Clusters containing two or more lots of less than one acre within a proposed development shall be
separated by at least 80 feet.
(6)Clustered building lots may only be created through the subdivision, short subdivision or binding site
plan process pursuant to WCC Title 21.
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
(7)Building lots shall be designed and located to be compatible with, and avoid disturbance of,critical
areas or other valuable or unique natural resources or known archaeological sites, as well as physical
constraints of the site.
(8)Building lots shall be arranged in a cluster/concentrated pattern.
(9)A cluster subdivision shall have no more than two common encroachments on existing county roads
unless site constraints require additional road access. The arrangement of clustered building lots shall be
designed to avoid development forms commonly known as linear, straight line or highway strip patterns.
(10)As applicable, interior streets shall be designed to allow future vehicular access to any portion of the
reserve tract which may be divided into future building lots; provided, that the required permanent open
space reserve area, pursuant to WCC 20.71.352, shall not be further subdivided. (Ord. 2009-009 Exh. A,
2009; Ord. 2005-085§ 1, 2005; Ord. 2005-048 Exh.A, 2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049
§ 1, 2003; Ord. 2003-032 Exh.A, 2003; Ord. 2002-075,2002; Ord. 2002-034, 2002).
20.71.352 Open space reserve area.
(1)For purposes of this title, an"open space reserve area"shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter,and permanently dedicated for
active or passive recreation, critical area protection, natural resource or archaeological site preservation,
wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of"open space"
pursuant to WCC 20.97.275.
(2)The open space reserve area shall be subject to the following provisions.
(a)The minimum open space reserve area shall be determined by the minimum cluster
subdivision reserve area requirements of the underlying zone district.
(b)A permanent open space reserve area shall be protected using one of the following
mechanisms:
(i) Placement in a separate nonbuilding tract owned in common by all lots within the
subdivision; or
(ii)Covered by a protective easement or public or private land trust dedication which
protects at least the minimum required cluster reserve area specified in the underlying zone
district;or
(iii)Preserved through an appropriate permanent protective mechanism that provides the
same level of permanent protection as subsection(2)(b)(i)of this section as determined by
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
the county zoning administrator or hearing examiner which applies to at least the minimum
required cluster reserve area specified in the underlying zone district.
(c)The boundaries of the open space portion of the reserve area may be altered only if the
county finds that in dedicating adjacent reserve areas it would further the objectives listed in
WCC 20.71.350 by altering the reserve area and increasing the area of reserve proportionately
on the adjacent land being subdivided so that there is no net reduction in open space reserve
area.
(d)The purpose of the open space reserve area as defined in subsection (1)of this section shall
be recorded on the face of the final plat or short plat.
(e)The remaining unused development density and/or impervious surface allowances remaining
on the parcel containing the open space reserve area, based on the gross density of the parent
parcel, may be assigned to that portion of the reserve tract not subject to the minimum area
requirements of subsection (2)(b)of this section. The density shall be recorded on the face of the
final plat or short plat. The development rights assigned to the reserve tract in accordance with
this subsection may not be transferred if the pervious surface area associated with the reserve
tract has been transferred to the other building lots within the subdivision.
(f)The requirements stated in subsections(2)(c)and(d)of this section shall be recorded as a
restriction on the face of the final plat or short plat, and shall constitute an agreement between
Whatcom County and the current/future owner(s)of record that shall run with the land. Said
restriction(s)may be amended by mutual agreement between said parties after review for
consistency and compliance with the official Whatcom County Zoning Ordinance,the Whatcom
County Subdivision Ordinance, and the Whatcom County Comprehensive Plan.
(g) For cluster subdivisions approved after December 7, 1999,that portion of the reserve tract
which is kept in pervious open space may be counted toward pervious surface area
requirements for the building lots in the subdivision on a prorated basis. (Ord. 2009-009 Exh. A,
2009; Ord. 2005-085§ 1, 2005; Ord. 2005-048 Exh.A, 2005; Ord. 2004-007§ 1, 2004; Ord.
2003-049§ 1, 2003; Ord. 2003-032 Exh.A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002).
20.71.400 Building setback/buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class II roads
shall have a minimum setback of 30 feet; and Class III, IV and V roads shall have a minimum setback of
20 feet; provided,that the road right-of-way meets the minimum standard for road rights-of-way pursuant
to the Whatcom County Development Standards.
.402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches
into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback;
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
however, in no case shall they extend more than one-half the depth of the front yard setback. (Ord. 2009-
009 Exh.A, 2009; Ord. 2005-085§ 1, 2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord.
2003-032 Exh.A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062§ 1, 2001; Ord. 2001-
021 § 1, 2001; Ord. 99-086, 1999).
20.71.600 Development criteria.
(Ord. 2009-009 Exh. A, 2009; Ord. 2005-085§ 1, 2005; Ord. 2004-007§ 1, 2004; Ord.2003-049§ 1,
2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord.2001-021 § 1,
2001).
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length;
provided, that for any parking area of six or more spaces, 50 percent of all spaces may have the
rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces
are marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall
be exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and
20.80.570. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085§ 1, 2005; Ord. 2004-007§ 1, 2004; Ord. 2003-
049§ 1, 2003; Ord. 2003-032 Exh.A, 2003; Ord. 2002-075,2002; Ord. 2002-034, 2002; Ord. 2001-021
§ 1, 2001; Ord. 99-086, 1999).
20.71.602 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise
specified in this section. Minimum parking requirements may be reduced through any of the following
methods:
(1)A shared parking agreement has been filed with the county auditor establishing a shared parking lot
for land uses with noncompeting hours of operation, or for multitenant retail and commercial facilities;
provided,the parking lot is not located further than 700 feet from any of the uses it is intended to serve.
(a)The minimum required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use developments with similar operating hours may be required to submit a parking
demand study to determine if parking can be combined.
(2)A 20 percent reduction may be approved if an establishment is located within 1,000 feet of any
regularly scheduled bus stop.
(3)The zoning administrator determines that a reduced requirement will reduce overall impervious
surfaces while maintaining consistency with this title. (Ord.2009-009 Exh.A, 2009; Ord. 2005-085§ 1,
Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh.A, 2003; Ord. 2002-075,
2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.603 Alternative surfacing methods.
Alternative surfaces including, but not limited to, bark or wood mulch,washed gravel,grid/lattice systems,
permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved materials
are encouraged.Alternative surfacing methods may be approved for fringe or overflow parking areas;
emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios,
driveways, and easement service roads in residential or commercial zones unless site constraints make
use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be
subject to review and approval by the Whatcom County public works department, the fire marshal and/or
the county ADA coordinator for compliance with other applicable regulations and development standards.
Surfaces shall be considered impervious surfaces under WCC 20.71.300 unless the following conditions
are met:
(1)Bark,wood mulch, and washed gravel shall be designed and installed so that all rain water falling
upon the alternative surface will be infiltrated directly beneath the alternative surface without generating
surface runoff based on the one-year, 24-hour storm event.
(2)Other alternative surface methods shall be designed and installed in accordance with the guidelines in
the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or subsequent version,
prepared by the Puget Sound Action Team(Publication No. PSAT 0503), as applicable. No pervious
surface credit shall be given for projects utilizing an underdrain system. (Ord.2009-009 Exh.A,2009;
Ord. 2005-085§ 1, 2005; Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord.2003-032 Exh.A,
2003; Ord.2002-075, 2002; Ord.2002-034, 2002; Ord. 2001-049§ 1, 2001; Ord. 2001-021 § 1, 2001;
Ord.99-086, 1999).
20.71.604 Vehicular access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall
be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new
developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads
with limited access to arterial or collector roads. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085§ 1, 2005;
Ord. 2004-007§ 1, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh.A, 2003; Ord. 2002-075, 2002;
Ord. 2002-034,2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999).
20.71.700 Roads, curbs, gutters and sidewalks.
The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative street
sections, which do not compromise public safety, shall be encouraged in the watershed. Narrow streets
and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be
implemented with the approval of the Whatcom County public works department. Unless specifically
Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
required, roads shall not be wider than the minimum applicable standard.A rural road standard may be
approved by the Whatcom County public works department for urban density residential areas where the
developer provides adequate off-street parking and pedestrian walkways. (Ord. 2009-009 Exh.A, 2009;
Ord.2005-085§ 1, 2005; Ord.2004-007§ 1, 2004; Ord.2003-049§ 1, 2003; Ord.2003-032 Exh.A,
2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord.2001-021 § 1, 2001; Ord. 99-086, 1999).
20.80.635 Stormwater special districts.
(1)Whatcom County shall establish the following geographical areas as stormwater special districts:
(a) Drayton Harbor watershed.
(c)-(b) Lake Samish watershed.
(d)(c)Birch Bay watershed.
(e)(d) Lake Padden watershed.
(2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County
Development Standards, Chapter 2. (Ord. 2009-009 Exh. B, 2009; Ord. 2008-035 Exh. A,2008; Ord.
2005-030§ 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049§ 1, 2003; Ord. 2003-032 Exh.
A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002).
20.80.636 Stormwater special district requirements.
In areas designated as stormwater special districts(per WCC 20.80.635), permanent on-site stormwater
quality and quantity facilities shall be required on all lots less than five acres in size for projects that meet
either of the following criteria:
(1)New construction or remodels that increase impervious surfaces by more than 500 square feet; or
(2) Renovation projects where the estimated cost of the work exceeds 50 percent of the assessed value
of the existing structure. Interior remodels, nonpolluting roof replacements, house maintenance and
energy upgrades shall be exempt from this requirement.
If stormwater quality and quantity facilities are required based on either of these criteria, the provisions of
the Whatcom County Development Standards, Chapter 2, Section 221, shall apply to the entire property,
unless it can be demonstrated that off-site facilities would provide better treatment, or unless common
detention and water quality facilities meeting the standards of the 1996 Whatcom County Development
Standards or the 1992 Department of Ecology Stormwater Management Manual for the Puget Sound
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
Basin (or more current versions)have been approved as part of a comprehensive stormwater
management plan for that subdivision, binding site plan, short subdivision, or major development
approval. (Ord. 2009-009 Exh. B, 2009; Ord. 2005-030 § 1 Exh. A,2005; Ord.2003-049§ 1, 2003; Ord.
2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 2000-
066§ 1, 2000).
20.80.735 Water resource special management areas.
The purpose of a water resource special management area is to establish a more stringent standard for
clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where
natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions.
Implementation of best management practices, including phased clearing,tree retention and seasonal
clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion
at any one time, thereby improving site stability during development and reducing potential for transport of
dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the
quantity and maintains the quality of stormwater leaving a site during and after development activities by
encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff.
Whatcom County shall establish the following geographic areas as water resource special management
areas:
• Drayton Harbor watershed;
• Lake Padden watershed;
• Lake Samish watershed; and
• Birch Bay watershed.
(1)Water Resource Special Management Area Review Thresholds. County review and approval shall be
required for clearing activities which exceed the following thresholds. if the clearing activity does not meet
the threshold criteria, county review is not required. However,the owner is still subject to, and must
comply with, the minimum requirements established in this chapter and in the Whatcom County
Development Standards.
(a)Lake3ALhatseFil, Lake Samish and Lake Padden Watersheds. County review and approval shall
be required for all clearing activities associated with a fill and grade permit, building permit or other
Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
development proposal. Clearing activities which are not associated with a development permit shall
require county review if they are:
(i) Five thousand square feet or greater during the dry season, June 1st through September
30th; or
(ii) Five hundred square feet or greater during the wet season, October 1st through May 31st.
(2)Within water resource special management areas, clearing activity must conform to the following
conditions:
(a)Temporary erosion and sediment control shall be installed and inspected prior to any clearing
activity. The technical administrator shall conduct periodic inspections to ensure the integrity of
temporary erosion and sediment controls. Temporary erosion and sediment control measures
include, but are not limited to, installation of silt fencing, installation of check dams, covering of
excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development
Standards.
(b)Phased Clearing. Construction activities and clearing activities shall be phased to limit the
amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical
administrator, based on site characteristics or constraints including, but not limited to, slopes,
proximity to shorelines and wetlands. A phased clearing plan may be required.A phased clearing
plan, if required, shall be submitted for review and approval by the technical administrator prior to
any clearing activity and shall contain a detailed construction schedule or timeline.
(c)Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of
the time of disturbance.The technical administrator may approve an exemption to this requirement
when a tree canopy area retention plan includes a soil stabilization plan.This plan component must
specifically detail erosion and sediment control and stormwater runoff measures that provide runoff
control equal to or greater than the protection provided by the standard two-day soil stabilization
requirements of this section.
(d)Tree Canopy Area Retention. In the Lake Samish and Lake Padden
watersheds, in addition to compliance with all other requirements of this title and other titles of the
Whatcom County Code, clearing activities on any lot or parcel,with the exception of nonconversion
forest practices occurring on lands platted after January 1, 1960, shall comply with the following
provisions:
(i) Existing tree canopy areas, as defined by the dripline of the tree(s), may be removed for
purposes of a building site, driveways, parking areas, and areas to be landscaped, but such
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
areas shall not exceed a cumulative total of 5,000 square feet or 35 percent of the existing
tree canopy area, whichever is greater.
(ii)The following criteria shall be used to determine which tree canopy areas are to be
prioritized for retention:
(A)Stands of mature native trees;
(B)Trees on sensitive slopes, on lands classified as having landslide hazards, or high
erosion hazards, as defined under the critical areas ordinance;
(C)Trees within critical areas or their associated setback and/or buffer areas as defined
under WCC Title 16 or 23; or
(D)Trees with significant habitat value as identified by a qualified wildlife biologist or by
the technical administrator, per WCC Title 16.
(iii) Existing trees and vegetation may be used to meet all or part of the landscaping
requirements of this title.
(iv)The county shall require that tree canopy areas to be retained are identified on a site plan
and clearly flagged, or delineated, on the site. A tree canopy area retention plan must
accompany a project or clearing permit application and be approved by the technical
administrator before clearing activity takes place.The plan shall contain the following
components:
(A)A scaled drawing identifying the following:
1. North arrow;
2. Property boundaries;
3. Existing structures;
4. Site access;
5. Tree canopy areas to be removed;
6. The outer dripline of tree canopy areas to be retained;
7. Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
8. Protection measures to be utilized for areas that will be undisturbed; and
9.Areas to be replanted pursuant to subsection (2)(d)(vii)of this section;
(B)A planting schedule that indicates the time frame for replanting of trees as
applicable; and
(C)Provisions for maintenance and monitoring.
(v)Prior to any clearing activity or development activity, any tree canopy area designated for
retention shall be delineated by temporary fencing,tape, or other indicators around the outer
dripline of the trees.Temporary fencing,tape, or other indicators shall be clearly visible and
shall be maintained for the duration of the proposed clearing or development activity. Any tree
canopy areas designated for retention shall be field verified by the technical administrator
before clearing activities begin. Trees within canopy areas designated for retention shall not
be damaged by clearing, excavation, ground surface level changes, soil compaction,or any
other activities that may cause damage to roots or trunks. Machinery, impervious surfaces,fill
and storage of construction materials shall be kept outside of the dripline of the tree canopy
areas designated for retention.
(vi)Tree canopy areas may be removed when limited to those canopy areas affected under
the following circumstances:
(A) Fire prevention methods when supported by the county fire marshal;
(B)Hazard trees, as defined in Chapter 20.97 WCC, are identified(an evaluation and
determination by a licensed arborist or forester may be required);
(C)Encroachments where the trunk, branches or roots would be, or are, in contact with
main or accessory structures; or
(D)Where installation and/or maintenance of roads or utilities would unavoidably require
removal or cutting through the root system.
(vii) In the event that tree canopy areas in excess of the applicable threshold must be
removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two
replacement trees shall be planted for every tree removed. Replacement trees shall:
(A) Be of the same, or similar, native species as those trees removed from site;
(B) Be planted to re-establish tree clusters where they previously existed, or to enhance
protected tree clusters;
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
(C)Be planted in locations appropriate to the species'growth habitat and horticultural
requirements; and
(D)Be located away from areas where damage is likely.
(viii) If any trees within canopy areas designated for retention are damaged or destroyed
through the fault of the applicant, agent or successor,the applicant, their agent or successor
shall restore the site pursuant to a restoration plan approved by the county.
(ix)The county may require a bond or other security in an amount not to exceed 125 percent
of the merchantable timber to guarantee retention of existing trees within designated canopy
areas during construction. In the event of a dispute between the landowner and the county
over the established value, an assessment will be made by a professional forester or arborist
whose selection will be made by mutual agreement between the county and the landowner.
The fee for the services of the professional forester or arborist shall be paid by the landowner
or responsible party. In the event any trees designated to be retained are removed,the county
shall require that sufficient trees be re-planted to replace those previously in existence. In the
event that replanting does not occur,the county may enforce upon any bond posted. Each
tree removed or destroyed shall constitute a separate violation.
(e)Seasonal Clearing Activity Limitations. In the hake-Vsilaatsem,Lake Lake Samish and Lake Padden
watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils
exceeding 500 square feet shall not be permitted from October 1st through May 31st; provided,
that:
(i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning
administrator may approve an exemption to this requirement for the following activities:
(A)Routine maintenance and repair of erosion and sediment control measures;
(B)Activities located at or waterward of the ordinary high water mark subject to state,
federal, and/or local(per Chapter 16.16 WCC and/or WCC Title 23)conditions of
approval requiring commencement of clearing activity during the wet season, as defined
in subsection (1)(a)(ii)of this section,for purposes of minimizing surface water
disturbance and site inundation by high water or wave action;
(C)Activities necessary to address an emergency that presents an unanticipated and
imminent threat to public health, safety or the environment that requires immediate
action within a time too short to allow full compliance with this section. Upon abatement
of the emergency situation, the clearing activity shall be reviewed for consistency with
this chapter and may be subject to additional permit requirements; provided,that the
Exhibit B - Removal of"Lake Whatcom watershed" reference in Whatcom
County Code Sections 20.71, 20.80.635, and 20.80.735
applicant shall make a reasonable attempt to contact the zoning administrator prior to
the activity.When prior notice is not feasible, notification of the action shall be submitted
to the zoning administrator as soon as the emergency is addressed and no later than
two business days following such action. Emergency construction does not include
development of new permanent protective structures where none previously existed.
(ii)To ensure compliance with subsection(2)(e)of this section,Whatcom County planning
and development services shall not issue development permits requiring more than 500
square feet of land disturbance located within theLake Whatcom, Lake Samish or Lake
Padden watersheds within two weeks prior to the watershed seasonal closure on October 1st.
(iii)Soil disturbance associated with an exempt clearing activity shall be minimized to the
maximum extent practicable.The zoning administrator shall have the authority to condition an
exempt activity to ensure that temporary erosion and sediment control measures will be
implemented.
(iv)An exemption from the seasonal land clearing requirements of this section does not grant
authorization for any work to be done in a manner that does not comply with other provisions
of this chapter or other applicable development regulations.
(f)One Hundred Fifty Percent Violation Fines.When a violation occurs in an area designated as a
water resource special management area the total fine assessment shall be increased to 150
percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties.
(Ord. 2010-006 Exh.A, 2010; Ord. 2010-001 Exh.A, 2010; 2009-056 Exh. A, 2009; Ord.2009-009
Exh. B, 2009; Ord. 2005-074§ 1, 2005; Ord. 2005-061 Exh. A, 2005; Ord. 2005-032 Exh.A, 2005;
Ord. 2005-030§ 1 Exh. A, 2005; Ord.2004-051 Exh.A, 2004; Ord.2003-049§ 1, 2003; Ord. 2003-
032 Exh.A, 2003; Ord. 2002-075, 2002; Ord. 2002-053,2002; Ord. 2002-034,2002).
EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97
Current Stormwater Manual-The Washington State Department of Ecology(WSDOE)Stormwater
Management Manual for Western Washington edition that is in effect on the date that the County receives
a complete application for the project,work, or activity.
Demonstrative BM Ps-Those BMPs that do not otherwise qualify as presumptive.
Development stormwater-Stormwater that results from non-native vegetated areas.
Development runoff- Runoff that results from non-native vegetated areas.
Development stormwater runoff-Stormwater runoff that originates from non-native vegetated areas.
Engineered design-A design performed, and/or supervised, by a Washington State licensed
professional engineer.
Forested Area—The area encompassed by the tree canopy and any native vegetation that occurs within
the boundaries of the tree canopy.
Hazard Tree—Any tree that is susceptible to immediate fall due to its condition(damaged,diseased, or
dead)or other factors, and which because of its location is at risk of damaging permanent physical
improvements to property or causing personal injury.
Interflow- The portion of precipitation that infiltrates into the soil and moves laterally through the upper
soil horizons until intercepted by a stream channel or until it returns to the surface,e.g., in a roadside
ditch, a wetland, a spring, or a seep. Interflow is a function of the soil system depth, permeability, and
water-holding capacity.
Land disturbing activity- Activity that results in a movement of earth or a change in the existing soil
cover(both vegetative and non-vegetative)and/or the existing soil topography. Land disturbing activities
include, but are not limited to clearing,grading,filling, and excavation. Compaction that is associated
with stabilization of structures and road construction shall also be considered a land disturbing activity.
Vegetation maintenance practices are not considered land-disturbing activity.
May- Permissive action.
Native Vegetation—Vegetation comprised of plant species, other than noxious weeds,that are
indigenous to the coastal region of the Pacific Northwest and which reasonably could have been
1
EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97
expected to naturally occur on the site. Examples include trees such as Douglas Fir,Western Hemlock,
Western Red Cedar, Alder, Big-leaf Maple, and Vine Maple; shrubs such as willow, elderberry,
salmonberry and salal; and herbaceous plants such as sword fern,foam flower,and fire weed.(From
Department of Ecology Stormwater Manual)
Natural runoff- Runoff that originates from native vegetated areas.
Natural stormwater-Stormwater that originates from native vegetated areas.
Natural stormwater runoff-Stormwater runoff that originates from native vegetated areas.
Net land area disturbed- The quantity of disturbed native vegetated land area minus the quantity of any
non-native vegetated land area.
Net new impervious surface area-The quantity of new minus the quantity of any existing impervious
surface area.
Net new permeable pavement areas-The quantity of new permeable pavement area minus the quantity
of any existing permeable pavement area.
Net replaced impervious surface area-The quantity of replaced impervious surface area minus the
quantity of any existing impervious surface area.
Net replaced permeable pavement areas-The quantity of replaced permeable pavement area minus
the quantity of any existing permeable pavement area.
Permeable pavement-Pervious concrete, porous asphalt, permeable pavers, or other forms of pervious
or porous paving material intended to allow passage of water through the pavement section. It often
includes an aggregate base that provides structural support and acts as a stormwater reservoir.
Phosphorus-mitigated-Areas where the development stormwater runoff phosphorus loading profile
does not exceed the corresponding natural stormwater runoff phosphorus loading profile.
Phosphorus neutral-Areas where the development stormwater runoff phosphorus loading profile does
not exceed the natural stormwater runoff phosphorus loading profile from that area.
2
EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97
Phosphorus-unmitigated-Areas where the development stormwater runoff phosphorus loading profile
exceeds the corresponding natural stormwater runoff phosphorus loading profile.
Presumptive BMPs-Those BMPs that will require no additional development stormwater runoff flow
control or treatment per current Stormwater Manual declaration once physically established in compliance
with all current Stormwater Manual criteria.
Replaced impervious surface—For structures,the removal and replacement of impervious surfaces
down to the foundation. For other impervious surfaces,the removal down to bare soil or base course and
replacement. (From 2012 DOE Stormwater Manual)
Replaced impervious surface area-For structures,the removal and replacement of impervious surfaces
down to the foundation. For other impervious surfaces,the removal down to bare soil or base course and
replacement.
Replaced permeable pavement area-The removal and replacement of permeable pavement areas
down to bare soil or base course and replacement.
Runoff-The portion of precipitation that does not evaporate or naturally percolate into the ground, but
flows via one or more of the following means:
• surface or overland flow,
• interlow,
• shallow ground water,
into one or more of the following:
• stormwater drainage facilities,
• defined surface waterbodies(e.g., rivers, streams,creeks,sloughs, ponds, lakes),
• springs,
• seeps,
• wetlands
Shall- Mandatory action.
Should-Recommended action, but not mandatory or required.
Stormwater-The portion of precipitation that does not evaporate or naturally percolate into the ground,
but flows via one or more of the following means:
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EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97
• surface or overland flow,
• interflow,
• pipes and other features of a stormwater drainage system,
into one or more of the following:
• defined surface waterbodies(e.g., rivers, streams,creeks, sloughs, ponds, lakes),
• constructed infiltration facilities.
Stormwater runoff- The portion of precipitation that does not evaporate or naturally percolate into the
ground, but flows via one or more of the following means:
• surface or overland flow,
• interflow,
• shallow ground water,
• pipes and other features of a stormwater drainage system,
into one or more of the following:
• defined surface waterbodies(e.g., rivers, streams, creeks,sloughs, ponds, lakes),
• springs,
• seeps,
• wetlands.
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Exhibit D
Whatcom County Comprehensive Plan, Chapter 2: Updates to reflect the addition
of the Lake Whatcom Watershed Overlay District
Policy 2DD-2: Protect the character of the rural area through the County's development
regulations. In addition to the policies of this plan that provide measures governing
rural development, the following County's key development regulations are
incorporated into this plan by reference to assure that the plan contains measures
to protect rural character:
C. Measures to protect critical areas and surface and groundwater resources:
3. Preserve and protect unique and important water resources through
development standards in WCC 20.71 Water Resource Protection Overlay District
and WCC 20. 51 Lake Whatcom Watershed Overlay District adopted herein by
reference.
4. Protect surface and ground water resources through stormwater management
standards established in the County's Development Standards per WCC
20.80.630, WCC 20. 51, and 12.08.035 and referenced in the following Zoning
Code provisions, adopted herein by reference:
a. 20.32.656 Drainage, Residential Rural District;
b. 20.34.659 Drainage, Rural Residential-Island District;
c. 20.36.656 Drainage, Rural District;
d. 20.37.655 Drainage, Point Roberts Transitional District;
e. 20.44.652 Drainage, Recreation and Open Space District;
f. 20.59.704 Drainage, Rural General Commercial District;
g. 20.60.655 Drainage, Neighborhood Commercial District;
h. 20.61.704 Drainage, Small Town Commercial District;
i. 20.63.654 Drainage, Tourist Commercial District;
j. 20.64.655 Drainage, Resort Commercial District;
k. 20.67.653 Drainage, General Manufacturing District;
I. 20.69.655 Drainage, Rural Industrial and Manufacturing District.
8. Limit phosphorus entering Lake Whatcom through WCC 20. 51 Lake Whatcom
Watershed Overlay District and Lake Whatcom and Lake Samish due to the
application of commercial fertilizers to residential lawns and public properties
through WCC 16.32, adopted herein by reference.
Comp Plan Changes related to Lake Whatcom Watershed Overlay District Page 1 of 1
PLN2011-00015 May 20, 2013