HomeMy WebLinkAboutord2009-009 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009 - 118
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: Cathy n I I it I h February 24, 2009 Natural Resources
Craver ( 7\. p` V ED Committee
Division Head: Oliver
Grah �( �O February 24, 2009 Introduction to full
Dept. Head: David FEB 1,. 7 2U09 p
Stalheim 2 t i`` March 17, 2009 Public Hearing
Prosecutor: Royce
Buckin gham 2 ' )2 'C? Y H n C A L
® UNiY
COUNCIL
Purchasing/`Budget:
Executive: r' at 9./ 7-
TITLE F DOCUMENT:
Ordinance amending the Whatcom County Code Title 20, Chapter 20 .71 , 20 . 80 .635 , and 20 . 80 .735 , to add the Lake Padden
Watershed as a Water Resource Protection Overlay District, Stormwater Special District, and Water Resource Special
Management Area
ATTACHMENTS:
Ordinance with amended Title 20 sections
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date: March 17, 2009
•
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Of 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.)
Adopt an ordinance that would add the Lake Padden Watershed to the Water Resource Protection Overlay District,
Stormwater Special District, and the Water Resource Special Management Area (Title 20, Chapter 20.71 , 20 . 80 .635 , and
20. 80.735) .
COMMITTEE ACTION: COUNCIL ACTION:
2 / 24 / 2009 : Forwarded to Council for approval 2 / 24 / 2009 : Introduced
3 / 17 / 2009 : Council Adopted 5 - 2 , Nelson &
Crawford opposed Ord . 2009 - 009
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord#2007-047, #2008-11, and Ord . 2009 - 009
#2008-035
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 : 2 / 24 / 09
4
5
6
7 ORDINANCE NO . 7009 -009
8
9 AMENDING THE WHATCOM COUNTY CODE TITLE 20, CHAPTER 20 . 71,
10 20 . 80 . 635, AND 20 . 735, TO ADD THE LAKE PADDEN WATERSHED AS A
11 WATER RESOURCE PROTECTION OVERLAY DISTRICT, STORMWATER
12 SPECIAL DISTRICT, AND WATER RESOURCE SPECIAL
13 MANAGEMENT AREA
14
15
16 WHEREAS, Lake Padden is a high value recreation fishing and swimming
17 lake utilized on a regular basis by many residents of Whatcom County ; and
18
19 WHEREAS, there are concerns that future development within the Lake
20 Padden watershed will degrade the quality of water in Lake Padden ; and
21
22 WHEREAS, the preservation and protection of important recreational
23 opportunities and water resources are a top priority of the Whatcom County
24 Council ; and
25
26 WHEREAS, the potential development under the current zoning and
27 proposed zoning may lead to irreversible harm to Lake Padden ; and
28
29 WHEREAS, the 2004 Final Environmental Impact Statement for the City of
30 Bellingham ; Bellingham Urban Growth Area ; Five-Year Review Areas ; and Whatcom
31 County Urban Fringe Subarea states that urban run - off has contributed to the
32 degradation of water quality in Lake Padden ; and
33
34 WHEREAS, Lake Padden is listed on Washington State 's Water Quality
35 Assessment [ 303 ( d ) ] list for Total PCBs ; and
36
37 WHEREAS, The creation of new development and building lots poses a
38 serious risk to Lake Padden because of the creation of additional stormwater and
39 impacts to the hydrology of the lake 's watershed and corresponding increases in
40 stormwater run - off into the lake ; and
41
42 WHEREAS, Whatcom County Code 20 . 71 has established a Watershed
43 Resource Protection Overlay District to provide additional controls to preserve and
44 protect unique and important water resources within Whatcom County ; and
Page 1
1
2 WHEREAS, Whatcom County Code 20 . 80 . 635 has established Stormwater
3 Special Districts to provide additional stormwater controls to preserve and protect
4 unique and important water resources within Whatcom County ; and
5
6 WHEREAS, Whatcom County Code 20 . 80 . 735 defines Water Resource Special
7 Management Areas to establish a more stringent standard for clearing activity in
8 highly valued water resource areas within Whatcom County ; and
9
10 WHEREAS, the Whatcom County Council adopted Interim Ordinance # 2007-
11 047 amending the Whatcom County Code Title 20 , Chapter 20 . 71 , 20 . 80 . 635 , and
12 20 . 80 . 735 , to add the Lake Padden Watershed as a Water Resource Protection
13 Overlay District, Stormwater Special District, and Water Resource Special
14 Management Area ; and
15
16 . WHEREAS, Interim Ordinance # 2007 - 047 has been renewed twice in 2008
17 (Ord # 2008 - 011 and 112008 - 035 )
18
19 WHEREAS, the Whatcom County SEPA official issued a Determination of
20 Non - Significance on September 25 , 2007 ; and
21
22 WHEREAS, notice of the subject amendment was sent to the Department of
23 Community, Trade , and Economic Development ( CTED ) and other agencies on June
24 4, 2008 ; and
25
26 WHEREAS, The Whatcom County Planning Commission held a public hearing
27 on this issue on July 10 , 2008 ; and
28
29 WHEREAS, RCW 36 . 70 . 795 requires the adoption of Findings of Fact to
30 justify Council action , the Council makes the following Finding of Facts :
31
32
33 1 . The zoning ordinance amending the WCC Title 20 is necessary to avoid
34 future degradation of the Lake Padden watershed .
35
36 2 . Without additional water resource protection within the Lake Padden
37 watershed , impacts from future development and stormwater may
38 cause irreversible harm to Lake Padden and cause harm to the health
39 and welfare of the public .
40
41 3 . The Whatcom County Council desires the opportunity to review
42 development regulations related to the Lake Padden watershed to
43 permanently address these health and safety concerns .
44
Page 2
1 4 . The preservation and protection of important recreational opportunities
2 and water resources are a top priority of the Whatcom County Council .
3
4
5 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
6 that Whatcom County Code Title 20 is hereby amended as indicated in
7 Exhibits A, B, and C of this ordinance .
8
9
10
11 ADOPTED this 17th day of March , 200 9 •
12
13 \�� � ► ► ► ► ► ► „ r ,,,
14 .�`\`•�'� • C� CI�'%, WHATCOM COUNTY COUNCIL
15 ATTESB . 's . • NATCO• • C1� t WHATCOM COUNTY, WASHINGTON
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•16 : : c0 .. 9 ' , .
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18 sr d t"�\ • . E / i A/
19 20 Dana tiowri• k9a1CIprk oche Council th Fleet • od , Council Chair
21 �i, • • • • • • op he At
22 � •/��i,,f� � � j6,
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23
24 WHATCOM COUNTY EXECUTIVE
25 WHATCOM COUNTY, WASHINGTON
26 APPROVED A$ TO FORM :
27 r .. .
28 !' / r °. °'
29 l
/ J ' l /'rte
30 Civil Depta secutor Pete Kremen , County Executive
31
32 (1/(Approved ( ) Denied
33 /
34 Date 3/ 2 o/o 9
35
36
37
Page 3
EXHIBIT A
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. .
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
Lake Whatcom, Lake 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. 2007-047 Exh. A, 2007 ; 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. 2007-047 Exh. A, 2007; 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.
( 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
1
EXHIBIT A
watershed shall consist of that portion of the Friday Creek sub-basin 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 Lake 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. 2007-047 Exh. A, 2007; 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. 2007-047 Exh.
A, 2007; 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. 2007-047
Exh. A, 2007; 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 siting criteria under Chapter 173 -303 WAC within
2
EXHIBIT A
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 Lake
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 Lake Whatcom, 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. 2007-047 Exh. A, 2007 ;
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.
3
EXHIBIT A
.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 III 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) is 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. 2007-047 Exh. A, 2007; 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 :
4
EXHIBIT A
( 1 ) For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as
open space.
(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.
5
EXHIBIT A
(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 .
(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. 2007-
047 Exh. A, 2007 ; 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. 2007-047 Exh. A, 2007; 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.
6
EXHIBIT A
(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 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. 2007-047 Exh. A, 2007 ; 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 .
7
EXHIBIT A
(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. 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. 2007-047
Exh. A, 2007; Ord. 2005-085 § 1 , 2005 ; Ord. 2005-048 Exit 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 mad right-of-way meets the
minimum standard for road rights-of-way pursuant to the Whatcom County Development
Standards.
8
EXHIBIT A
.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; however, in no case shall they extend more than one-half the
depth of the front yard setback. (Ord. 2007-047 Exh. A, 2007 ; 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. 2007-047 Exh. A, 2007 ; Ord. 2005 7085 § 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. 2007-047 Exh. A, 2007; 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 multi-
tenant 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.
9
EXHIBIT A
(3 ) The zoning administrator determines that a reduced requirement will reduce overall
impervious surfaces while maintaining consistency with this title. (Ord. 2007-047 Exh.
A, 2007 ; 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 .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, 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. 2007-047 Exh. A, 2007; 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. 2007-047 Exh. A, 2007; 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.
10
EXHIBIT A
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.
2007-047 Exh. A, 2007 ; 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).
Footnotes
' Code reviser' s note: The provisions of Ord. 2007-047 expire April 8, 2008 .
11
EXHIBIT B
20. 80.635 Stormwater special districts.
( 1 ) Whatcom County shall establish the following geographical areas as stormwater
special districts :
(a) Drayton Harbor watershed.
(b) Lake Whatcom watershed.
(c) Lake Samish watershed.
(d) Birch Bay watershed.
(e) 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. 2007-047 Exh. A, 2007* ; 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) .
* Code reviser' s note: The amendments of Ordinance 2007-047 expire April 8 , 2008 .
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 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. 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) .
. ,
1
EXHIBIT C
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 :
Lake Whatcom watershed;
Drayton Harbor watershed;
Lake Padden watershed;
F
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) Lake Whatcom, 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 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, May 1st through
September 30th; or
(ii) Five hundred square feet or greater during the wet season, October 1st through April
30th.
(2) Within water resource special management areas, clearing activity must conform to
the following conditions :
1
EXHIBIT C
(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 time line.
(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 Whatcom, 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 ofnonconversion 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 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
2
EXHIBIT C
(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;
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
3.
e.
EXHIBIT C
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 cut 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;
(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
c 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
4
EXHIBIT C
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 Lake Whatcom, 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 September 1st
through April 30th; 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 WCC Title 23 and/or Chapter 16. 16 WCC) conditions of
approval requiring commencement of clearing activity during the wet season, as defined
above, 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.
(ii) 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.
(iii) 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. 2007-047 Exh. A, 2007* ; 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).
5
EXHIBIT C
* Code reviser' s note: The amendments of Ordinance 2007-047 expire April 8 , 2008 .
6
_ , ,
EXHIBIT E
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Whetwm County PDS .t' 1008 "'�,
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June 2008 SW/. i
• .ow''s
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