HomeMy WebLinkAboutord2010-003 WHATCOM COUNTY COUNCIL AGENDA BILL NO. _ 2010- 046
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: O �1 0tzy®9 1/12/10
Cathy Craver j� (Introduction)
Division Head: Q 1)1 I L� D 1/26/10 Public Hearing/
Oliver Grah (/ ' 1' ( �'° Council
Dept. Head: tE . 1 a l AgloL� JAN 0 5 2010
David Stalheim
• WHATCOM COUNTY
Prosecutor: , i" (. 121kg COUNCIL
Royce Buckingham / I
I
Purchasing/Budget:
Brad Bennett
Executive: Pete Kremen '. S_/
TITLE OF DOCUMENT:
AMENDING THE WHATCOMCOUNTYCODE TITLE 20, SECTIONS 20. 80. 630 STORMWATER AND DRAINAGE,
20. 80. 734 GENERAL REVIEW THRESHOLDS, AND 20. 04. 076 NATIONAL POLLUTION DISCHARGE AND ELIMINATION
SYSTEM (NPDES) PHASE II AREA BOUNDARY
ATTACHMENTS: Memo, ordinance
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date: 1/26/10
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.)
Ordinance amending Whatcom County Code Title 20 sections 20. 80. 636, 20. 80. 734, and 20. 04. 076 regarding stormwater management
requirements, general review thresholds, and NPDES Phase II boundaries as set forth in the Western Washington Phase II Municipal
Stormwater Permit for Whatcom Count.
COMMITTEE ACTION: COUNCIL ACTION::
1 / 12 / 2010 : Introduced •
1 / 26 / 2010 : Council Adopted 7 - 0
Ord . 2010-003
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2010- 003
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.
1 . . SPONSORED BY : Consent
2 PROPOSED BY : PDS
3 INTRODUCTION DATE : 1 / 12 / 2010
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5
6
7 ORDINANCE NO . 2010-003
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9 AMENDING THE WHATCOM COUNTY CODE TITLE 20, SECTIONS 20 . 80 . 630
10 STORMWATER AND DRAINAGE, 20 . 80 . 734 GENERAL REVIEW
11 THRESHOLDS, AND 20 . 04D76 NATIONAL POLLUTION DISCHARGE AND
12 ELIMINATION SYSTEM ( N.PDES) PHASE II AREA BOUNDARY
13
14 WHEREAS, in compliance with The State of Washington . Water Pollution Control
15 Law ( Chapter 90 . 48 RCW) and the Federal Water Pollution Control Act ( also known as
16 The Clean Water Act, Title 33 United States Code, Section 1251 et seq . ) , discharging
17 certain materials to Municipal Separate Storm Sewer Systems is prohibited ; and
18 WHEREAS, the Washington State Department of Ecology issued the Western
19 Washington Phase II Municipal Stormwater Permit on January 17, 2007, and Whatcom
20 County was granted coverage ; and
21 WHEREAS, Section S . 5 . C .4 of the Washington Phase II Municipal Stormwater
22 Permit requires all permittees to adopt appropriate ordinances and policie for
23 controlling runoff for new development, redevelopment and construction site and
24 WHEREAS, Whatcom County is required to have the proposed regulations
25 adopted by February 16 , 2010 ; and
26 WHEREAS, the Whatcom County SEPA official issued a Determination of Non -
27 Significance on September 21 , 2009 ; and
28
29 WHEREAS, notice of the subject amendment was sent to the Department of
30 Community, Trade, and Economic Development ( CTED ) and other agencies on September
31 15 , 2009; and
32
33 WHEREAS, The Whatcom County Planning Commission held a public hearing on
34 this issue on December 10 , 2009; and
35
36 WHEREAS, RCW 36 . 70 . 795 requires the adoption of Findings of Fact to justify
37 Council action , the Council makes the following Finding of Facts :
38
39 1 . Notice of the subject amendment was sent to the Department of Community Trade
40 and Economic Development ( CTED ) and other State agencies on September 15 ,
41 2009 .
42
43 2 . A determination of non -significance ( DNS ) was issued under the State
44 Environmental Policy Act ( SEPA) on September 21 , 2009 for the subject
Page 1
1 amendment .
2
3 3 . Notification of a public meeting regarding the proposed Western Washington Phase
4 II Municipal Stormwater Permit requirements was distributed to various Whatcom
5 County media .
6
7 4 . A public meeting regarding the proposed Western Washington Phase II Municipal
8 Stormwater Permit requirements was held on October 28, 2009 .
9
10 5 . Notice of the Planning Commission hearing on the subject text amendment was
11 published in the Bellingham Herald on November 29 , 2009 .
12
13 6 . The Planning Commission held a public hearing on the subject text amendment on
14 December 10 , 2009 .
15
16 7 . The Western Washington Phase II Municipal Stormwater Permit was issued to
17 Whatcom County on January 12 , 2007 , with an effective date of February 16 , 2007 .
18
19 8 . The Western Washington Phase II Municipal Stormwater Permit requires the
20 implementation of minimum performance measures to address controlling runoff
21 from new development, redevelopment, and construction sites .
22
23 9 . The Western Washington Phase II Municipal Stormwater Permit requires the
24 adoption of regulations to address controlling runoff from new development,
25 redevelopment, and construction sites by February 2010 .
26
27 10 . Policy 11F-4 of the Whatcom County Comprehensive Plan states to support the
28 completion and implementation of local/state Watershed Action Plans, the Lake
29 Whatcom Management Program , NPDES Phase II Permitting , and the WRIA
30 Watershed Management Projects as some of the means of addressing non - point
31 source pollution .
32
33 11 . GOAL 11G of the Whatcom County Comprehensive Plan states to protect water
34 resources and natural drainage systems by controlling the quality and quantity of
35 stormwater runoff.
36
37 12 . Policy 11G- 9 of the Whatcom County Comprehensive Plan states to develop and
38 administer stormwater management standards as required by the NPDES Phase II
39 Permit .
40
41 13 . Action Item 30 from the Environment Chapter of the Whatcom County
42 Comprehensive Plan states to develop a comprehensive stormwater management
43 program designed to manage runoff from public facilities and industrial , commercial ,
44 and urban residential areas including streets and roads in compliance with NPDES
45 requirements . Each component of the program shall cover both new and existing
46 developments . Emphasis should be placed on controlling stormwater through source
47 controls and Best Management Practices .
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3 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
4 Whatcom County Code Title 20 is hereby amended as indicated in Exhibits A of this
5 ordinance .
6 .
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9 ADOPTED this 26th day of January , 2010
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12 .\`‘ ,1 C Q
, WHATCOM COUNTY COUNCIL
T� ' �,
13 Ap ;T . WHAp • .
WHATCOM COUNTY, WASHINGTON
14 z V 10 COU C
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17 18 S3ana. agy n- D . t • Cl st of the Council Sari Crawford , Council Chair
19 , eN
20 01, `
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21 //�►► ► ► ► i $ fl % %�l'\
22 WHATCOM COUNTY EXECUTIVE
23 WHAT M COUNTY, WASHINGTON
24 APPROVED AS TO FORM •
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26
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28 Civil Deputy Prosecutor Pete Kre n , County Executive
29
30 ( Approved ( ) Denied
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32 Date i ID
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Exhibit A
20 . 80 . 630 Stormwater and drainage .
( 1 ) All development activity within Whatcom County shall be subject to the stormwater
management provisions of the Whatcom County Development Standards or the
provision addressed herein , as applicable unless specifically exempted .
(2) No project permit shall be issued prior to meeting the stormwater requirements of
this chapter and/or Chapter 2 of the Whatcom County Development Standards .
Advisory Note: Certain stormwater discharges to natural receiving waters are subject to
State Water Quality Standards and the requirements of the National Pollutant Discharge
Elimination System (NPDES) . Hydraulic Project Approval (HPA) may also be required if
stormwater is discharged to a water body or stream that provides , or could provide ,
habitat for fish .
(3) Unless other County stormwater management provisions are more restrictive all
development activity within NPDES Phase II area boundaries , as delineated at the time
that the county determines that the development application is complete , shall comply
with the most current editions of:
• The Washington State Department of Ecology Stormwater Management Manual
for Western Washington and ,
• Appendix 1 , Minimum Technical Requirements for new development and
redevelopment, of the Western Washington Phase II Municipal Stormwater
Permit and
• Appendix 7 " Determining Construction Site Sediment Damage Potential" of the
Western Washington Phase II Municipal Stormwater Permit.
(Ord . 2003-049 § 1 , 2003 ; Ord . 2003-032 Exh . A, 2003 ; Ord . 2002-075 , 2002 ; Ord .
2002-034 , 2002 ; Ord . 96-056 Att. A §§ A2 , S9 , 1996 ; Ord . 94-022 , 1994) .
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Exhibit A
20 . 80 . 631 Exemptions .
( 1 ) Agricultural activities as defined in this title , and forest practices regulated under
WAC Title 222 , except for Class IV-General forest practices and nonconversion forest
practices with approved conversion option harvest plans .
(2) Development undertaken by the Washington State Department of Transportation in
state highway right-of-way when regulated by Chapter 173-270 WAC , the Puget Sound
Highway Runoff Program . (Ord . 2003-049 § 1 , 2003 ; Ord . 2003-032 Exh . A, 2003 ; Ord .
2002-075 , 2002 ; Ord . 2002-034 , 2002 ; Ord . 94-022 , 1994) .
20 . 80 . 734 General review thresholds .
County review and approval shall be required prior to a clearing activity when any of the
following land clearing thresholds have been reached . 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 . Review thresholds and additional
requirements for water resource special management areas are located in WCC
20 . 80 . 735 .
( 1 ) Five Thousand Square Foot Threshold on 30 Percent Slopes . The county shall
review all proposed clearing activities when a cumulative area of 5 , 000 square feet or
greater of clearing activity is proposed to take place on slopes 30 percent or greater in
gradient.
(2) One Acre Threshold in Urban Residential , Commercial , and-Rural Residential
Zoning Districts and Rural and Industrial Zoning Districts within the NPDES
Phase II area boundary. The county shall review all proposed clearing activities which
are one acre or greater, including projects less than one acre that are part of a larger
Page 2 of 4
Exhibit A
common plan of the development, in the following Zoning Districts where the slope is
less than 30 percent in gradient :
Urban Residential
Commercial
Rural Residential
Rural within the NPDES Phase II area boundaries , as delineated at the time that the
county determines that the development application is complete ,
Industrial within the NPDES Phase II area boundaries as delineated at the time that the
county determines that the development application is complete , when the activities arc
(3) Two Acre Threshold in Rural Zoning Districts outside NPDES Phase II area
boundaries . The county shall review all proposed clearing activities which are two
acres or greater when the activities are proposed to take place in Rural Zoning Districts
outside NPDES Phase II area boundaries and the slope is less than 30 percent in
gradient.
(4) Critical Areas and Associated Areas . The County shall review all Any clearing
activityies within a critical area or critical area buffer, and all or any clearing activity
greater than 500 square feet within 200 feet of a waterbody regulated under WCC Title
23 , or within 200 feet of a wetland , habitat conservation area ( HCA) , frequently flooded
area , or geological hazard regulated under WCC Title 16 .
(5) Conversion from forest use . The County shall review all Any clearing activityies
that meets the definition of a conversion from a forest use to another land use pursuant
to WCC 20 . 97 . 085 . (Ord . 2003-049 § 1 , 2003 ; Ord . 2003-032 Exh . A, 2003 ; Ord . 2002-
075 , 2002 ; Ord . 2002-034 , 2002)
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Exhibit A
20 . 04. 076 National Pollution Discharge and Elimination System
( NPDES ) Phase II Area Boundary
Where provisions of this title refer to NPDES Phase II area boundaries , the location and
extent of such boundaries shall include urbanized areas determined by the latest
decennial census conducted by the U . S . Bureau of Census , or designated by the
Department of Ecology pursuant to 40 CFR 123 . 35 (b) or 40 CFR 122 . 26 (f) , and
Bellingham and Ferndale urban growth areas as defined in the Whatcom County
Comprehensive Plan (UGA Map # 1 & 4) , as referenced in the Western Washington
Phase II Municipal Stormwater Permit. The county shall update the maps on a regular
and consistent basis as new information becomes available .
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