HomeMy WebLinkAboutord2007-047WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 286 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
McShane
6/29/2007
7/10/2007
Introduction
Division Head
7/24/07
Hearing
De t. Head:
9/25/07
Council
Prosecutor:
Purchasin ,Bud et:
Executive:
TITLE OF DOCUMENT.
Interim ord to amend WCC to add Lake Padden as water resource protection overlay
ATTACHMENTS:
Ordinance
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
7/24/2007
SUMMARYSTATEMENT 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.)
This ordinance would amend the Whatcom County Code Title 20, Chapter 20.71, 20.80.635, and 20.80.735 on an interim basis, to add Lake Padden
as a Water Resource Protection Overlay District, Stormwater Special District and Water Resource Special Management Area
COMMITTEE ACTION:
COUNCIL ACTION.•
7/10/2007: Introduced
7/24/2007: Vote held until SEPA Determinatio
is received
9/25/2007: Council Adopted 5 -2, Nelson &
Crawford opposed Ord. 2007 -047
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. 2007 -047
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www. co. whatcoin. wa. us /council.
SPONSORED BY: Consent
PROPOSED BY: McShane
INTRODUCTION DATE: July 10, 2007
ORDINANCE 2007 -047
AMENDING WHATCOM COUNTY CODE TITLE 20, CHAPTER 20.71, 20.80.635, AND
20.80.735, ON AN INTERIM BASIS, TO ADD LAKE PADDEN AS A WATER
RESOURCE PROTECTION OVERLAY DISTRICT, STORMWATER SPECIAL
DISTRICT AND WATER RESOURCE SPECIAL MANAGEMENT AREA
WHEREAS, there are concerns that future development within the Lake Padden
Watershed will degrade the quality of water in Lake Padden; and
WHEREAS, Whatcom County Code 20.71 has established a water resource protection
overlay district to provide additional controls to preserve and protect unique and important water
resources within Whatcom County; and
WHEREAS, Whatcom County Code 20.80.635 has established a stormwater special
districts to provide additional stormwater controls to preserve and protect unique and important
water resources within Whatcom County; and
WHEREAS, Whatcom County Code 20.80.735 defines special management areas to
establish a more stringent standard for clearing activity in highly valued water resource areas
within Whatcom County; and
WHEREAS, Lake Padden is a high value recreation fishing and swimming lake utilized
on a regular basis by many residents of Whatcom County; and
WHEREAS, the preservation and protection of important recreational opportunities and
water resources is a top priority of the Whatcom County Council; and
WHEREAS, the potential development under the current zoning and proposed zoning
may lead to irreversible harm to Lake Padden; and
WHEREAS, the creation of new development and building lots poses a serious risk to
Lake Padden because of the creation of additional storm water and impacts to the hydrology of
the lake watershed and corresponding increases in phosphorus inputs into the lake; and
WHEREAS, RCW 36.70.795 requires the adoption of Findings of Fact which justify
Council action, the Council makes the following findings of fact:
1. This interim zoning ordinance amending WCC Title 20 is necessary to avoid future
degradation of the Lake Padden watershed.
2. Without additional water resource protection within the Lake Padden
Watershed, impacts from future development and storm water may cause irreversible
harm to Lake Padden and cause harm to the health and welfare of the public.
3. The Whatcom County Council desires the opportunity to review development
regulations related to the Lake Padden watershed to permanently address these health and
safety concerns.
WHEREAS, the Whatcom County SEPA Official issued a Determination of
Non - Significance on August 31, 2007; and
WHEREAS, the Whatcom County held a public hearing on this issue on
September 25, 2007.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that a Whatcom County Code Title 20, is hereby amended as indicated in Exhibit A to
this Ordinance.
BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to
RCW 36.70.795, that this ordinance shall be effective for not longer than six months
following its effective date, but may be renewed for one or more six -month periods if
subsequent public hearings are held and findings of fact are made prior to each renewal.
_ 0okA "
25th day of Sept., 2007.
of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Chairperson
(lApproved () Denied
Pete Kremen, Executive
Date: 'F—Z:9-617
EXHIBIT A
Chapter 24.71
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. 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. 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 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 2J3 , 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. 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. 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. 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
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. 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.
.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. 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.
(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
233), 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.
(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. 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. 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.
(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. 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
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. 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
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; however, in no case shall they extend more than
one -half the depth of the front yard setback. (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. 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. 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.
(3) The zoning administrator determines that a reduced requirement will reduce overall
impervious surfaces while maintaining consistency with this title. (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. 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. 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 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. 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.
(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
County Development Standards, Chapter 2. (Ord. 2005 -030 § 1 Exh. A,
Exh. A, 2004; Ord. 2003 -049 § 1, 2003; Ord. 2003 -032 Exh. A, 2003; Ord.
2002 -034, 2002).
and in the Whatcom
2005; Ord. 2004 -051
2002 -075, 2002; Ord.
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
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:
(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 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
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;
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 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 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 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. 'fhe 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. 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).
"Code revisers note: The amendments of Ordinance 2005 -061 sunset February 7, 2006.