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HomeMy WebLinkAboutord2005-030WHATCOM COUNTY COUNCIL AGENDA BILL NO 2005 -106 CLEARANCES Initial Date Date Received In Council Offlee Agenda Date Assi ned to: Originator. Amy de Vera Pederson /�� _ � IE li v `ia FEB 0 1 2004 2/8/05 Introduction Division Bad: � caaa„ -m Va 2/22/05 P &D /Council Halt Bead. Halt( Han t 7 r Prosecutor: Karen WHATCOM COUNTY COU N C I L ttant, PurohasingBudgef k E:renave: Pere Kremen a -1-05 TITLE OF DOCUMENT: Ordinance amending the official Whatcom County Zoning Ordinance, Title 20, Chapter 20.80 to designate the Birch Bay Watershed as a Slormwater Special District and a Water Resource Special Management Area. ATTACHMENTS: (1) Proposed Ordinance (2) Agency Report with Recommended Text and Map (3) Staff Report Note: Planning Commission Public Hearing Minutes will be forwarded to Council u on com letion SEPA review required? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( Xt ) NO Requested Date: 'The Council mnst hold a hearing I(they wanHo change the Planning Commission's recommendation WCC 20.90.051. 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 of WCC as appropriate. Be clear in explaining the intent of the action.) An ordinance amending Whatcom County Code, Title 20, Chapter 20.80, to designated the Birch Bay Watershed as a Slormwater Special District under WCC Section 20.80.635 and as a Water Resource Special Management Area under WCC Section 20.80.735 to provide additional regulatory protection for the Birch Bay Watershed. Adoption of this ordinance will implement permanent measures to replace Interim Ordinance #2004 -051. COMMITTEE ACTION: COUNCIL ACTION: 2/22/2005: Committee recd mended approval 2/8/2005: Introduced 2/22/2005: Adopted 7 -Or ORd. #2005 -030 Related County Contract #: Related File Numbers: Ordinance or Resolution File #ZON2004 -00011 Number: Ord. #2005 -030 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. SPONSORED BY: consent PROPOSED BY: PDS INTRODUCTION DATE: 2/8/2005 ORDINANCE NO. 2005 -030 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTYZONING ORDINANCE, WCC TITLE 20, SECTIONS 20.80.635 - STORMWATER SPECIAL DISTRICTS AND 20.80.735 - WATER RESOURCE SPECIAL MANAGEMENT AREAS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR THE BIRCH BAY WATERSHED WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, the Whatcom County Council adopted the 2004 Birch Bay Community Plan on September 28, 2004 by Ordinance No. 2004 -047; and WHEREAS, the Whatcom County Council adopted Interim Ordinance No. 2004 -051 designating the Birch Bay Watershed as a Stomiwater Special District under WCC 20.80.635 and as a Water Resource Special Management Area under WCC 20.80.735 on September 28, 2004;and WHEREAS, Interim Ordinance No. 2004 -051 will expire on April 12, 2005; and WHEREAS, a determination of non - significance was issued underthe State Environmental Policy Act (SEPA) on January 17, 2005; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Thursday, January 16, 2005; WHEREAS, the Planning Commission held a public hearing on Thursday, January 27, 2005, considered all testimony, and recommended approval of the proposed text amendments; and WHEREAS, the Whatcom County Council Planning and Development Committee held a work session on February 22, 2005; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; and WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS OF FACT AND CONCLUSIONS 1. The 1997 Whatcom County Comprehensive Plan establishes Birch Bay as an Unincorporated Page 1 Residential /Recreational Urban Growth Area. 2. The Birch Bay Urban Growth Area has the highest growth rate and the most potential for development of any unincorporated area in Whatcom County. The Birch Bay UGA contains sufficient residential land for approximately 4,000 new residential or recreational dwelling units. 3. The Washington State Department of Health added Birch Bay to the Washington State list of "Threatened" shellfish harvesting areas in 2003 due to increasing bacteria concentrations in marine waters. 4. Erosion, sedimentation, phosphorous and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their potential impacts on water quality, basin hydrology, stream channel morphology, beneficial uses such as fish and shellfish habitat, and drinking water. 5. Management of water quantity and quality is necessary to maintain viable recreational and commercial shellfish harvesting areas within Birch Bay and to protect Birch Bay's waters and nearshore areas for public enjoyment, recreation, and tourism. 6. The Birch Bay Watershed is not served by a regional stormwater facility. 7. Whatcom County Comprehensive Plan Goal 11G identifies protection of water resources and natural drainage systems by controlling the quantity and quality of stormwater runoff as an objective of Whatcom County. 8. Whatcom County Comprehensive Plan Goals 11 L and 11 M identify protection and enhancement of marine and shellfish habitat through Low Impact Development standards, improves stormwater management and restoration of wetlands as objectives of Whatcom County. 9. The 2004 Puget Sound Action Team (PSAT) Literature Review and Analysis: Coastal Urbanization and Microbial Contamination of Shellfish Growing Areas states that contamination and closure of shellfish growing areas is perhaps the most significant and quantifiable impact from urbanization. 10. On September 28, 2004, the Whatcom County Council adopted Interim Ordinance #2004- 051 designating the Birch Bay Watershed as a Stormwater Special District (WCC 20.80.635) and a Water Resource Special Management Area (WCC 20.80.735). The interim ordinance will expire on April 12, 2005. 11. On September 28, 2004, the Whatcom County Council adopted the Birch Bay Community Plan which includes goals, policies and action strategies recommending protection and enhancement of natural systems and wildlife habitat, stormwater management, and development and implementation of Low Impact Development Standards to help protect water resources and prevent adverse impacts to the shellfish resource. 12. Birch Bay Community Plan Policy SW -1 a and Action Strategy #6 specify that the Birch Bay Watershed be designated as a " Stormwater Special District" under WCC section 20.80.635. 13. Birch Bay Community Plan Policy SW -1 c and Action Strategy #7 specify that the Birch Bay Watershed be designated as a "Water Resource Special Management Area" under WCC section 20.80.735, applying subsections (2)(a), (b) and (c). Page 2 14. The amendments will replace Interim Ordinance #2004-051 and permanently adopt Stomrwater Special District and Water Resource Special ManagementArea designations for the Birch Bay watershed. 15. Legal notice for a Planning Commission public hearing was published in the Bellingham Herald on January 16, 2005. 16. A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on January 17, 2005. 17. A Planning Commission public hearing was held on January 27, 2005 and all testimony was considered. 18. Priority actions to protect Birch Bay's water quality should include strategies to address stormwater associated with existing and future development. 19. The amendments to WCC, Title 20 include additional standards for land clearing and on -site stormwater management within the Birch Bay Watershed that are necessary to address potential adverse impacts from development activities, as well as avoid future degradation of the Birch Bay Watershed, the shellfish resource and any associated harm to the health, safety and welfare of the public. 20. The text amendments presented in Exhibit A are consistent with the goals and policies of the Growth Management Act, Whatcom County Comprehensive Plan, the County -Wide Planning Policies, and the Birch Bay Community Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1: Whatcom County Code, Title 20, Sections 20.80.635 and 20.80.735 are hereby amended as indicated in Exhibit A of this ordinance. Section 2: The Birch Bay watershed is defined as shown in Exhibit B. Page 3 ADOPTED this 22 day of February 2005. ....uuum, ". Iy Cp WHA too o Cog wry My L Too Dana Clerk APPR VED as to form Karen Frakes, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON /L. _ s't. Laurie Caskey- Schreiber, Council Chair r (.Approovved�(J ") Denied Pete Kremer, County Executive Date: J ",)' ' S Page 4 Birch Bay Watershed Amendments EXHIBIT A 'Proposed WCC, Title 20 zoning text amendments are identified by single underline text. WCC TITLE 20, Section 20.80.635 STORMWATER SPECIAL DISTRICTS 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 (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. 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, non - polluting 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 forthe 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. WCC TITLE 20, Section 20.80.735 WATER RESOURCE SPECIAL MANAGEMENT AREAS 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: Birch Bay Watershed Amendments EXHIBIT A • Lake Whatcom watershed; • Drayton Harbor watershed; and • Lake Samish watershed aid • 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 threshoftl 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 and Lake Samish 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: (1) Five thousand square feel or greater during the dry season, May 1'r through September 30th ; or April 30"'. (2) Five hundred square feet or greater during the wet season, October 1� through 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 activity 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 and Lake Samish watersheds, in addition to compliance with all other requirements of this title and othertitles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of non - conversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (1) 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 ofthe existing tree canopy area, whichever is greater. (2) 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; Birch Bay Watershed Amendments EXHIBIT A (c) Trees within critical areas or their associated setback and /or buffer areas as defined under WCC Title 16 or WCC Title 23; or (d) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (3) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (4) 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: • North arrow; • Property boundaries; • Existing structures; • Site access; • Tree canopy areas to be removed; • The outer dripline of tree canopy areas to be retained; conservation areas; • Critical areas including, but not limited to, slopes, wetlands, and habitat • Protection measures to be utilized for areas that will be undisturbed; and • Areas to be re- planted pursuant to subsection (7). applicable; and (b) A planting schedule that indicates the time frame for re- planting of trees as (c) Provisions for maintenance and monitoring. (5) 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. (6) 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 WCC 20.97, 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. (7) 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 Birch Bay Watershed Amendments EXHIBIT A (d) be located away from areas where damage is likely. (8) 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. (9) The county may require a bond or other security in an amount not to exceed 125 - percent of the merchantable timberto guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county overthe established value, an assessment will be made by a professional forester or arbodst whose selection will be made by mutual agreement between the county and the landowner. The fee forthe 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 re- planting 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 and Lake Samish watersheds, during the wet season, from October 1 °r through April 30°, clearing activities shall not be permitted within the Lake Whatcom and Lake Samish watersheds unless the technical administrator determines that erosion control measures will control erosion and prevent silt -laden runoff from leaving the construction site: (1) Seasonal clearing activity review. The technical administrator shall evaluate clearing activities based on thresholds established in the seasonal clearing site evaluation worksheet. The technical administrator shall use this worksheet to evaluate the following criteria on a site by site basis: existing slope, soil type, proximity to wetlands, streams, shorelines and other receiving waters (surface waters of the state), average rainfall /saturation of the proposed months) of activity, and size of the area to be cleared or graded. (a) If the proposed clearing activity does not exceed the minimum threshold established forseasonal clearing limitations, the proposed activity shall be exemptfrom this section and shall be subject to the provisions of sections 20.80.735(2)(a) through (d) and (2)(1) as applicable. (b) If the proposed clearing activity meets the established thresholds for seasonal clearing limitations, the proposed activity shall be subject to further review and compliance under the following subsections (i) through (viii) as applicable: (i) Proposed activities meeting the criteria for seasonal clearing limitations shall be further evaluated for site specific conditions, including but not limited to, percent of vegetation to remain on site, percent of impervious surfaces on site, and adjacent and /or potentially affected land uses. (ii) Clearing and grading activities during the wetseason will be allowed only if a winter erosion and sediment control plan, which defines limits on clearing and grading, timing and duration of clearing activity, specific erosion and sediment control measures, and monitoring, is approved by the administrator. (iii) An approved winter erosion and sediment control plan shall be implemented and monitored by a certified erosion control operator. A certified erosion control operator shall be an individual who has successfully completed formal training in erosion and sediment control during construction by a recognized organization acceptable to the director. A certification of successful completion of such erosion and sediment control training be submitted at the time of application. (iv) The applicant shall also provide a 24 -hour contact number for emergency erosion and sediment control response during periods of clearing activities and site stabilization. (v) The county may require a bond, assignment of savings or other form of financial assurance in the amount of 125 percent of the estimated costs of the projected maintenance of temporary sediment and erosion control facilities and the repair of degraded site Birch Bay Watershed Amendments EXHIBIT A conditions related to the clearing activity. The performance assurance is to guarantee site stabilization. (vi) If, during the course of construction, silt -laden runoff leaves the construction site, or if clearing activity limits or erosion and sediment control measures shown in the approved plan are not maintained, a correction notice to implement adequate erosion and sediment control measures shall be issued by the administrator. The developer shall implement corrective measures, at the direction of the technical administrator, to address the problem within 24 hours of issuance of the correction notice. (vii) If the erosion and sediment control problem defined in the correction notice is not adequately addressed within twenty-four hours of issuance, then a stop work order may be issued. (viii) Issuance of a stop work order may also require the developer to discontinue any further clearing activities, except for erosion and sediment control maintenance and repair, until the end of the wet season. (c) If the proposed clearing activity exceeds the maximum established threshold for seasonal clearing limitations, the technical administrator shall deny approval of the proposed activity during the wet season. (2) Based upon the review criteria and thresholds under section (1) above, the technical administrator shall set forth in writing the basis for approval or denial of clearing activities during the wet season. If the applicant does not agree with the determination made by the designated technical administrator, a request for an administrative appeal may be submitted to the Directorwithin five working days. The Director shall issue a final decision within-five working days of receipt of the appeal. The Director's final decision may be appealed to the Whatcom County Hearing Examiner pursuant to WCC Chapter 20.84. (3) Exemptions. In addition to the clearing activities exempted under section 20.80.733, the following activities are exempt from the seasonal clearing limitations of this section: (a) activities exempted pursuant to section 20.80.735(2)(0(1)(a); (COHP); (b) forestry activities related to an approved Conversion Option Harvest Plan facilities; (c) routine maintenance and necessary repair of erosion and sediment control (d) routine maintenance of public facilities or existing utility lines; (e) re- vegetation and hardscaping activities required to stabilize a disturbed site; (f) clearing activities disturbing an area less than 500 square feet; and (g) public or private response to emergencies that present an unanticipated and imminent threat to public health, safety or the environment which requires immediate action within a time frame too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistencywith this chapterand may be subject to additional permit requirements. An exemption from the seasonal land clearing requirements of this section does authorization for any work to be done in a manner which 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 — Enforcement and Penalties. Bir Wa Legend: Birch Bay Watershed 1 a 1 Mlles N A Figure 10 -5 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION & RECOMMENDATIONS AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, WCC TITLE 20, SECTIONS 20.80.635 — STORMWATER SPECIAL DISTRICTS AND 20.80.735 — WATER RESOURCE SPECIAL MANAGEMENT AREAS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR THE BIRCH BAY WATERSHED WHEREAS, the Whatcom County Council adopted Interim Ordinance #2004 -051 designating the Birch Bay Watershed as a Stormwater Special District (WCC 20.80.635) and a Water Resource Special Management Area (WCC 20.80.735) on September 28, 2004; WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year, and WHEREAS, a determination of non - significance was issued under the State Environmental Policy Act (SEPA) on January 17, 2005; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Thursday, January 16, 2005; WHEREAS, the Planning Commission held a public hearing on the proposed amendments on Thursday, January 27, 2005, and considered all testimony; and WHEREAS, the Planning Commission recommended approval of the proposed text amendments on January 27, 2005. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION AND RECOMMENDATION: I. FINDINGS OF FACT AND REASONS FOR ACTION 1. The 1997 Whatcom County Comprehensive Plan establishes Birch Bay as an Unincorporated Residential /Recreational Urban Growth Area. 2. The Birch Bay Urban Growth Area has the highest growth rate and the most potential for development of any unincorporated area in Whatcom County. The Birch Bay UGA contains sufficient residential land for approximately 4,000 new residential or recreational dwelling units. 3. The Washington State Department of Health added Birch Bay to the Washington State list of "Threatened" shellfish harvesting areas in 2003 due to increasing bacteria concentrations in marine waters. 4. Erosion, sedimentation, phosphorous and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their potential impacts on water quality, basin hydrology, stream channel morphology, beneficial uses such as fish and shellfish habitat, and drinking water. 5. Management of water quantity and quality is necessary to maintain viable recreational and commercial shellfish harvesting areas within Birch Bay and to protect Birch Bay's waters and nearshore areas for public enjoyment, recreation, and tourism. 6. The Birch Bay Watershed is not served by a regional stormwater facility. 7. Whatcom County Comprehensive Plan Goal 11 G identifies protection of water resources and natural drainage systems by controlling the quantity and quality of stormwater runoff as an objective of Whatcom County. 8. Whatcom County Comprehensive Plan Goals 11L and 11M identify protection and enhancement of marine and shellfish habitat through Low Impact Development standards, improves stormwater management and restoration of wetlands as objectives of Whatcom County. 9. The 2004 Puget Sound Action Team (PSAT) Literature Review and Analysis: Coastal Urbanization and Microbial Contamination of Shellfish Growing Areas states that contamination and closure of shellfish growing areas is perhaps the most significant and quantifiable impact from urbanization. 10. On September 28, 2004, the Whatcom County Council adopted Interim Ordinance #2004 -051 designating the Birch Bay Watershed as a Stormwater Special District (WCC 20.80.635) and a Water Resource Special Management Area (WCC 20.80.735). The interim ordinance will expire on April 12, 2005, 11, On September 28, 2004, the Whatcom County Council adopted the Birch Bay Community Plan which includes goals, policies and action strategies recommending protection and enhancement of natural systems and wildlife habitat, stormwater management, and development and implementation of Low Impact Development Standards to help protect water resources and prevent adverse impacts to the shellfish resource. 12. Birch Bay Community Plan Policy SW -1a and Action Strategy #6 specify that the Birch Bay Watershed be designated as a "Stormwater Special District' under WCC section 20.80.635. 13. Birch Bay Community Plan Policy SW -1c and Action Strategy #7 specify that the Birch Bay Watershed be designated as a "Water Resource Special Management Area" under WCC section 20.80.735, applying subsections (2)(a), (b) and (c). 14. The amendments will replace Interim Ordinance #2004 -051 and permanently adopt Stormwater Special District and Water Resource Special Management Area designations for the Birch Bay watershed. 15. Legal notice for a Planning Commission public hearing was published in the Bellingham Herald on January 16, 2005. 16. A determination of non - significance was issued under the State Environmental Policy Act(SEPA) on January 17, 2005. 17. A Planning Commission public hearing was held on January 27, 2005 and all testimony was considered. II. CONCLUSIONS 1. Priority actions to protect Birch Bay's water quality should include strategies to address stormwater associated with existing and future development. 2. The amendments to WCC, Title 20 include additional standards for land clearing and on- site stormwater management within the Birch Bay Watershed that are necessary to address potential adverse impacts from development activities, as well as avoid future degradation of the Birch Bay Watershed, the shellfish resource and any associated harm to the health, safety and welfare of the public. 3. The text amendments presented in Exhibit A are consistent with the goals and policies of the Growth Management Act, Whatcom County Comprehensive Plan, the County-Wide Planning Policies, and the Birch Bay Community Plan, III. RECOMMENDATION Based upon the above findings of fact, reasons for action and conclusions, the Whatcom County Planning Commission recommends approval of the proposed Title 20 zoning text amendments attached as Exhibit A. The Planning Commission further recommends that the County train all County inspector staff and expand their duties to include inspection of temporary erosion and sediment controls each time they inspect a site for any purpose. WHATCOM COUNTY PLANNING COMMISSION DavidF Hunt hairperson /47/6r D6te Hal .Hart, Secret A A7 AIL Date Vote taken January 27 2005 at a regularly scheduled Planning Commission meeting Commissioners voting: DAVID HUNTER, KENNETH MANN, JOHN BELISLE, RABEL BURDGE, RON ROOSMA, JOHN STEENSMA, GEOFF MENZIES, AND DAVID PROS. Ayes: 8 Nays: 0 , Motion carried to adopt the above Findings of Fact and Reasons for Action and Recommendations. Exhibits: EXHIBIT A: Proposed Amendments to WCC Title 20, Sections 20.80.635 — Stormwater Special Districts and 20.80.735 — Water Resource Special Management Areas to include the Birch Bay watershed EXHIBIT B: Map of the Birch Bay watershed Birch Bay Watershed Amendments EXHIBIT A 'Proposed WCC, Title 20 zoning text amendments are identified by single underline text. WCC TITLE 20, Section 20.80.635 STORMWATER SPECIAL DISTRICTS 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 (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. 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, non - polluting 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 applyto 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. WCC TITLE 20, Section 20.80.735 WATER RESOURCE SPECIAL MANAGEMENT AREAS 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: Birch Bay Watershed Amendments EXHIBIT A • Lake Whatcom watershed; • Drayton Harbor watershed; and • 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 complywith, the minimum requirements established in this chapter and in the Whatcom County Development Standards. a. Lake Whatcom and Lake Samish 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: (1) Five thousand square feet or greater during the dry season, May 181 through September 30th ; or April 30'. (2) Five hundred square feet or greater during the wet season, October 1"through 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 activity 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 and Lake Samish watersheds, in addition to compliance with all other requirements of this title and othertitles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of non - conversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (1) 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. (2) 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; Birch Bay Watershed Amendments EXHIBIT A (c) Trees within critical areas or their associated setback and /or buffer areas as defined under WCC Title 16 or WCC Title 23; or (d) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (3) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (4) 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: • North arrow; • Property boundaries; • Existing structures; • Site access; • Tree canopy areas to be removed; • The outer dripline of tree canopy areas to be retained; conservation areas; • Critical areas including, but not limited to, slopes, wetlands, and habitat • Protection measures to be utilized for areas that will be undisturbed; and • Areas to be re- planted pursuant to subsection (7). applicable; and (b) A planting schedule that indicates the time frame for re- planting of trees as (c) Provisions for maintenance and monitoring. (5) 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. (6) 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 WCC 20.97, 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. (7) 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 Birch Bay Watershed Amendments EXHIBIT A (d) be located away from areas where damage is likely. (8) If any trees within canopy areas designated forretention 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. (9) The county may require a bond or other security in an amount not to exceed 125 - percent of the merchantable timberto guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county overthe 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 forthe services of the professional forester or arborist shall be paid bythe landowneror 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 re- planting 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 and Lake Samish watersheds, during the wet season, from October 1:� through April 30', clearing activities shall not be permitted within the Lake Whatcom and Lake Samish watersheds unless the technical administrator determines that erosion control measures will control erosion and prevent silt -laden runoff from leaving the construction site: (1) Seasonal clearing activity review. The technical administrator shall evaluate clearing activities based on thresholds established in the seasonal clearing site evaluation worksheet. The technical administrator shall use this worksheet to evaluate the following criteria on a site by site basis: existing slope, soil type, proximity to wetlands, streams, shorelines and other receiving waters (surface waters of the state), average rainfall /saturation of the proposed month(s) of activity, and size of the area to be cleared or graded. (a) If the proposed clearing activity does not exceed the minimum threshold established for seasonal clearing limitations, the proposed activity shall be exempt from this section and shall be subject to the provisions of sections 20.80.735(2)(a) through (d) and (2)(f) as applicable. (b) If the proposed clearing activity meets the established thresholds for seasonal clearing limitations, the proposed activity shall be subject to further review and compliance under the following subsections (i) through (viii) as applicable: (i) Proposed activities meeting the criteria for seasonal clearing limitations shall be further evaluated for site specific conditions, including but not limited to, percent of vegetation to remain on site, percent of impervious surfaces on site, and adjacent and /or potentially affected land uses. (ii) Clearing and grading activities during the wet season will be allowed only if a winter erosion and sediment control plan, which defines limits on clearing and grading, timing and duration of clearing activity, specific erosion and sediment control measures, and monitoring, is approved by the administrator. (iii) An approved winter erosion and sediment control plan shall be implemented and monitored by a certified erosion control operator. A certified erosion control operator shall be an individual who has successfully completed formal training in erosion and sediment control during construction by a recognized organization acceptable to the director. A certification of successful completion of such erosion and sediment control training be submitted at the time of application. (iv) The applicant shall also provide a 24 -hour contact number for emergency erosion and sediment control response during periods of clearing activities and site stabilization. (v) The county may require a bond, assignment of savings or other form of financial assurance in the amount of 125 percent of the estimated costs of the projected maintenance of temporary sediment and erosion control facilities and the repair of degraded site Birch Bay Watershed Amendments EXHIBIT A conditions related to the clearing activity. The performance assurance is to guarantee site stabilization. (vi) If, during the course of construction, silt -laden runoff leaves the construction site, or if clearing activity limits or erosion and sediment control measures shown in the approved plan are not maintained, a correction notice to implement adequate erosion and sediment control measures shall be issued by the administrator. The developer shall implement corrective measures, at the direction of the technical administrator, to address the problem within 24 hours of issuance of the correction notice. (vii) If the erosion and sediment control problem defined in the correction notice is not adequately addressed within twenty-four hours of issuance, then a stop work order may be issued. (viii) Issuance of a stop work order may also require the developer to discontinue any further clearing activities, except for erosion and sediment control maintenance and repair, until the end of the wet season. (c) If the proposed clearing activity exceeds the maximum established threshold for seasonal clearing limitations, the technical administrator shall denyapproval of the proposed activity during the wet season. (2) Based upon the review criteria and thresholds under section (1) above, the technical administrator shall set forth in writing the basis for approval or denial of clearing activities during the wet season. If the applicant does not agree with the determination made by the designated technical administrator, a request for an administrative appeal may be submitted to the Director within five working days. The Director shall issue a final decision within five working days of receipt of the appeal. The Director's final decision may be appealed to the Whatcom County Hearing Examiner pursuant to WCC Chapter 20.84. (3) Exemptions. In addition to the clearing activities exempted undersection 20.80.733, the following activities are exempt from the seasonal clearing limitations of this section: (a) activities exempted pursuant to section 20.80.735(2)(f)(1)(a); (COHP); (b) forestry activities related to an approved Conversion Option Harvest Plan facilities; (c) routine maintenance and necessary repair of erosion and sediment control (d) routine maintenance of public facilities or existing utility lines; (e) re- vegetation and hardscaping activities required to stabilize a disturbed site; (f) clearing activities disturbing an area less than 500 square feet; and (g) public or private response to emergencies that present an unanticipated and imminent threat to public health, safety or the environment which requires immediate action within a time frame 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. An exemption from the seasonal land clearing requirements of this section does authorization for any work to be done in a manner which 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 — Enforcement and Penalties. Bit We Legend: N o� Birch Bay Watershed �'� A _ -- -- - Figure 10 -5 „„, File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 1 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT I. BACKGROUND INFORMATION File #: ZON2004 -00011 File Name: Birch Bay Watershed Amendments Applicant: Whatcom County Planning and Development Services Department Public Notice: Legal notice was published in the Bellingham Herald on January 16, 2005 and a Planning Commission public hearing is scheduled for January 27, 2005. SEPA: A Determination of Non - Significance was issued by the Whatcom County SEPA Official on January 17, 2005. Summary of Request: The request is to amend the official Whatcom County Zoning Ordinance, WCC Title 20, Sections 20.80.635 (Stormwater Special Districts) and 20.80.735 (Water Resource Special Management Areas) to provide additional regulatory protections for the Birch Bay Watershed. Background: • The May 20, 1997 Whatcom County Comprehensive Plan establishes Birch Bay as an Unincorporated Residential /Recreational Urban Growth Area (UGA). • On September 28, 2004, the Whatcom County Council adopted the new Birch Bay Community Plan which includes goals, policies and action strategies recommending protection and enhancement of natural systems and wildlife habitat, as well as designation of the Birch Bay Watershed as a "Stormwater Special District' and a "Water Resource Special Management Area" under the Whatcom County Code [Ord #2004 -047]. The Community Plan also supports development and implementation of Low Impact Development Standards to help protect water resources and prevent adverse impacts to the shellfish resource. • On September 28, 2004, the Whatcom County Council adopted Interim Ordinance #2004 -051 designating the Birch Bay Watershed as a Stormwater Special District (WCC 20.80.635) and a Water Resource Special Management Area (WCC 20.80.735). The interim ordinance will expire on April 12, 2005. • The proposed WCC Title 20 text amendments (Exhibit A) are intended to replace Interim Ordinance #2004 -051 and permanently adopt Stormwater Special District and Water Resource Special Management Area designations for the Birch Bay watershed. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 2 II. ANALYSIS OF THE PROPOSED AMENDMENT Factors to be considered when evaluating a rezone application are found in WCC 20.90.050 and case law. These factors are set forth and discussed below. A. Whether the initiated rezone or text amendment conforms to the requirements of the GMA, is internally consistent with the Comprehensive Plan and is consistent with County -Wide Planning Policies and any interlocal planning agreements executed pursuant to the GMA. Growth Management Act (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water. County -Wide Planning Policies N. Water Quality and Quantity 2. The Cities and the County in cooperation with other municipal corporations and tribal governments, shall adopt zoning regulations and development standards to protect water resources. Those regulations and development standards shall protect potable water supplies and water resources when there are conflicts with designations required by the Growth Management Act. 3. All jurisdictions shall cooperate to protect water quality and quantity within watersheds and marine water bodies which cross jurisdictional boundaries. 6. All jurisdictions should maximize reduction of water pollutants from stormwater runoff and combined sewer overflows. Comprehensive Plan A list of Whatcom County Comprehensive Plan goals, policies and action items related to the Birch Bay watershed and the proposed watershed zoning text amendments are attached as Exhibit C. Birch Bay Community Plan Chapter 7 - Critical Areas Goal CA 1: To commit to conservation and enhancement of critical areas for long -range benefit to all concerned. Policy CA -1a: Protect and enhance natural systems that support native fish and wildlife populations and habitat. Policy CA -1 b: Ensure the continued existence and enhancement of fish and wildlife populations by protecting and conserving valuable fish and wildlife habitat. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Pape 3 Policy CA -1 c: Encourage the preservation of natural river and stream functions and habitat forming marine shoreline processes that support fish and wildlife populations and preserve marine shorelines. Chapter 10 - Utilities Goal SW 1: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. Policy SW -1a: Designate the Birch Bay watershed as a "Stormwater Special District" under Whatcom County Code 20.80.635, Stormwater special districts. Policy SW -1b: Develop Low Impact Development standards to encourage narrow streets, preservation of pervious surfaces, retention of trees, natural vegetation and on -site stormwater infiltration. Policy SW -1c: Include the Birch Bay Watershed as a "water resource special management area" in Whatcom County Code 20.80.735, Water resource special management areas, critical areas and critical area buffers; applying only sections (2)(a), (b), and (c), which address temporary sediment and erosion control, phased clearing and soil stabilization [r]espectively. Goal SWA e: Avoid stormwater infiltration adjacent to eroding bluffs in areas where increased stormwater infiltration would exacerbate slope instability problems. Goal SW 2: Implement stormwater management policies and strategies which recognize the value of wetland areas in solving stormwater problems. Action Strategy 6: Designate the Birch Bay watershed as a "Stormwater Special District" under Whatcom County Code section 20.80.635, Stormwater special districts. Action Strategy 7: Include the Birch Bay Watershed as a "water resource special management area" in Whatcom County Code 20.80.735, Water resource special management area, critical areas and critical area buffers; applying only sections (2)(a), (b), and (c), which address temporary sediment and erosion control, phased clearing and soil stabilization respectively. Action Strategy 9: Develop Low Impact Development standards for Birch Bay and other sensitive watersheds. Low Impact Development regulations should consider allowance or requirement of narrower streets, limitations on impervious surfaces, tree retention policies, with the goal of retaining or replanting 65% tree cover in sensitive areas, and stormwater management techniques such as rain gardens and bioswales designed to increase stormwater retention and infiltration. Action Strategy 11: Develop special stormwater requirements for land adjacent to eroding bluffs to require water quality treatment and reduced rates of Flow through lined facilities with flow discharged off -site. The collective goals, policies and action items /strategies of the Growth Management Act, County -Wide Planning Policies, Comprehensive Plan, and the Birch Bay Community Plan support the preservation and protection of Whatcom County's critical areas and water resources, File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 4 including rivers, streams, and marine water bodies. These planning policies and documents also support the reduction of potential impacts and pollutants associated with stormwater runoff through both incentive and regulatory means. The County-Wide Planning Policies, at Policy N.2., specifically state that the County "shall adopt zoning regulations and development standards to protect water resources." The recently adopted Birch Bay Community Plan more specifically states that the Birch Bay watershed be designated as a "Stormwater Special District" and as a "Water Resource Special Management Area" under Policy SW -1a /Action Strategy #6 and Policy SW -1 c /Action Strategy #7 respectively to protect Birch Bay's water resources and natural drainage systems [Goal SW 11. Based upon the above referenced goals, policies and action items /strategies, the proposed amendments have been determined to conform to the objectives of the GMA and to be internally consistent with the objectives of adopted County plans and policies. It is important to note that the Birch Bay Community Plan also identifies development and implementation of Low Impact Development (LID) standards that consider impervious surface limitations, tree retention, and other stormwater management techniques as being appropriate within the Birch Bay watershed [Policy SW -1 b and Action Strategy #91. The concept of LID is also supported by the Comprehensive Plan at Policy 11G -8. Therefore, it is recommended that the Birch Bay watershed be included in any future development and consideration of County- wide LID standards and strategies. (A) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. The proposed amendments are not anticipated to have a significant affect on the rate or distribution of population growth, employment growth, or land conversion within the Birch Bay Watershed as it is envisioned in the County-wide Comprehensive Plan and the Birch Bay Community Plan. The Birch Bay watershed is already characterized by, and planned for, a range of development densities — high density in the resort commercial areas and low density in the rural and industrial zones. In 2000, U.S. Census statistics showed that Birch Bay was the fastest growing unincorporated area in Whatcom County. The population increased by 87% between 1990 and 2000 and the population is forecast to increase 93% by the year 2022. In natural undisturbed conditions, little precipitation falling on the ground ends up as surface runoff, even in areas of high rainfall such as Whatcom County. However, though planned, growth and development in the Birch Bay watershed can still have significant affects on natural systems and neighboring land uses. Increased urbanization can impose a variety of changes within a watershed, including the introduction of greater impervious surface areas. As soils are covered with impervious surfaces, the rate and amount of stormwater runoff is also increased due to reduced opportunities for infiltration or interception of rainfall. Because water drives most ecological processes, it is important to effectively manage land use and development activities that can significantly impact the quantity and quality of water that flows through a watershed. It is anticipated that the proposed watershed regulations will serve to minimize or mitigate potential off -site impacts associated with growth through the management of associated development activities such as clearing, filling, grading, creation of impervious surfaces, etc. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 5 (B) The anticipated effect upon the ability of County and /or other service providers, as applicable, to provide adequate public facilities including transportation facilities. It is not anticipated that the proposed amendments will create any adverse impacts to the abilities of county and /or other service providers to provide adequate public facilities or services within the Birch Bay Watershed. As the Birch Bay watershed is not served by a regional stormwater facility, aside from County roadside ditches, it is anticipated that the proposed amendments will improve stormwater quantity and quality management within the watershed by controlling potential sources of nutrients, sediments, and pollutants that may enter Birch Bay and /or its associated tributaries through stormwater runoff. (C) Anticipated effect upon critical areas and resource lands. Birch Bay provides critical marine habitat areas for recreational and commercially harvested shellfish species. Shellfish such as clams and oysters are filter feeders that feed on plankton and other nutrients that are accumulated through filtration of large quantities of water. Because shellfish filter many times their weight in water, they are very sensitive to declining water quality and are highly susceptible to accumulation of harmful bacteria and other pollutants that may be in the water. The ability to grow and harvest shellfish that is safe for human consumption is directly linked to surface water quality and the influence it has on marine waters. The primary measure of water quality for shellfish harvesting is the introduction of bacterial contamination associated with stormwater runoff, human sewage (OSS), and animal waste. Since 1995, the State Department of Health has closed valuable shellfish beds in Portage Bay and Drayton Harbor to commercial harvesting due to unsafe levels of bacterial contamination. In 2003, Birch Bay was added to the Washington State list of threatened shellfish harvesting areas due to increasing bacteria concentrations in marine waters. The State, local agencies and tribes use the list of "threatened" shellfish harvesting areas to identify and correct pollution sources before closure of shellfish areas becomes necessary. In each of the three Whatcom County shellfish growing areas, many local planning and management efforts are being made to restore and enhance water quality levels to preserve and maintain their viability as recreational and commercial shellfish habitat. Land clearing and development activities can significantly affect water quality, basin hydrology, stream channel morphology and habitat quality /aquatic ecology by introducing erosion and sedimentation from construction sites to receiving water bodies. Erosion and sedimentation associated with stormwater runoff are of concern for a number of reasons including their impacts on water quality for beneficial uses such as fish and wildlife habitat, commercial and recreational shellfish harvesting, and recreation. These impacts can directly affect the fisheries resources by depositing silt and debris into spawning beds and altering the physical processes that create functional habitats for fish lifestages. The proposed Stormwater Special District and Water Resource Special Management Area amendments to WCC Title 20 are intended to help reduce potential development impacts to critical areas and resource lands by increasing thresholds for review and inspection of erosion and sediment controls within the Birch Bay Watershed. It is anticipated that the proposed amendments will likely decrease potential erosion, nutrients and bacteria that may enter Birch Bay and its associated surface and ground waters through stormwater runoff. The proposed amendments are also intended to improve /decrease the quantity of potential stormwater runoff that may leave a site by requiring on -site stormwater management facilities /measures. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 6 (D) The amendment must be based on changed conditions or further studies. Changed conditions within the Birch Bay Watershed include: 1. Recent County permit data and the 2000 U.S. Census indicate that the Birch Bay UGA population and associated development activities are increasing rapidly. The proposed amendments are intended to address potential stormwater impacts associated with such rapid growth and development. 2. Birch Bay was added to the Washington State list of "threatened" shellfish harvesting areas in July 2003. The "threatened" designation indicates that contamination from point and non -point source pollution has adversely affected shellfish harvesting areas within Birch Bay. However, such a designation serves as an opportunity to address correction and management of possible pollutant sources before shellfish closures become necessary. The proposed amendments are intended to provide such a management measure that will contribute to the protection of Birch Bay for long -term shellfish harvesting. 3. The new 2004 Birch Bay Community Plan includes specific policies and action strategies to designate the Birch Bay Watershed as a Stormwater Special District (Policy SW -1a & Action Strategy #6) and a Water Resource Special Management Area (Policy SW -1c & Action Strategy #7). The proposed amendments to WCC 20.80.635 and 20.80.735 would serve to implement the cited objectives of the new Birch Bay plan. 4. In association with the adoption of the 2004 Birch Bay Community Plan, the County Council also adopted Interim Ordinance #2004 -051 that adopted temporary Stormwater Special District and Water Resource Special Management Area designations for the Birch Bay watershed. The proposed amendments are intended to implement permanent measures that would replace the provisions of the interim ordinance. (E) The amendment must bear a substantial relationship to the public health, safety, morals, or welfare. Existing and potential sources of erosion and stormwater runoff associated with development within the watershed could significantly impact the quantity and quality of water necessary to sustain viable fish and wildlife habitat, as well as impact the long -term economic and recreational viability of shellfish harvest areas. The amendments are intended to: 1) Manage and preserve surface water quantity and quality to sustain recreational and commercial shellfish harvesting capabilities within Birch Bay; 2) Protect neighboring property owners and surface waters from off -site stormwater runoff impacts from adjacent properties; and 3) Protect Birch Bay's surface waters and nearshore areas for public enjoyment, recreation, and tourism. It is anticipated that increased land use conditions and thresholds related to erosion and stormwater management will likely reduce potential development impacts, therefore serving to protect the public health, safety and welfare within the Birch Bay Watershed. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 7 (F) Other anticipated effects on the Comprehensive Plan, its policies and objectives that in the opinion of the Planning Department warrant consideration by the Planning Commission. Staff has not identified any other factors that warrant further consideration by the Planning Commission, III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1. The 1997 Whatcom County Comprehensive Plan establishes Birch Bay as an Unincorporated Residential /Recreational Urban Growth Area. 2. The Birch Bay Urban Growth Area has the highest growth rate and the most potential for development of any unincorporated area in Whatcom County. The Birch Bay UGA contains sufficient residential land for approximately 4,000 new residential or recreational dwelling units. 3. The Washington State Department of Health added Birch Bay to the Washington State list of "Threatened" shellfish harvesting areas in 2003 due to increasing bacteria concentrations in marine waters. 4. Erosion, sedimentation, phosphorous and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their potential impacts on water quality, basin hydrology, stream channel morphology, beneficial uses such as fish and shellfish habitat, and drinking water. 5. Management of water quantity and quality is necessary to maintain viable recreational and commercial shellfish harvesting areas within Birch Bay and to protect Birch Bay's waters and nearshore areas for public enjoyment, recreation, and tourism. 6. The Birch Bay Watershed is not served by a regional stormwater facility. 7. Whatcom County Comprehensive Plan Goal 11G identifies protection of water resources and natural drainage systems by controlling the quantity and quality of stormwater runoff as an objective of Whatcom County. 8. Whatcom County Comprehensive Plan Goals 11 L and 11 M identify protection and enhancement of marine and shellfish habitat through Low Impact Development standards, improves stormwater management and restoration of wetlands as objectives of Whatcom County. 9. The 2004 Puget Sound Action Team (PSAT) Literature Review and Analysis: Coastal Urbanization and Microbial Contamination of Shellfish Growing Areas states that contamination and closure of shellfish growing areas is perhaps the most significant and quantifiable impact from urbanization. 10. On September 28, 2004, the Whatcom County Council adopted Interim Ordinance #2004 -051 designating the Birch Bay Watershed as a Stormwater Special District (WCC 20.80.635) and a Water Resource Special Management Area (WCC 20.80.735). The interim ordinance will expire on April 12, 2005. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 8 11. On September 28, 2004, the Whatcom County Council adopted the Birch Bay Community Plan which includes goals, policies and action strategies recommending protection and enhancement of natural systems and wildlife habitat, stormwater management, and development and implementation of Low Impact Development Standards to help protect water resources and prevent adverse impacts to the shellfish resource. 12. Birch Bay Community Plan Policy SW -1 a and Action Strategy #6 specify that the Birch Bay Watershed be designated as a "Stormwater Special District" under WCC section 20.80.635. 13. Birch Bay Community Plan Policy SW -1 c and Action Strategy #7 specify that the Birch Bay Watershed be designated as a "Water Resource Special Management Area' under WCC section 20.80.735, applying subsections (2)(a), (b) and (c). 14. The amendments will replace Interim Ordinance #2004 -051 and permanently adopt Stormwater Special District and Water Resource Special Management Area designations for the Birch Bay watershed. 15. Legal notice for a Planning Commission public hearing was published in the Bellingham Herald on January 16, 2005. 16. A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on January 17, 2005. 17, A Planning Commission public hearing was held on January 27, 2005 and all testimony was considered. IV. PROPOSED CONCLUSIONS 1. Priority actions to protect Birch Bay's water quality should include strategies to address stormwater associated with existing and future development. 2. The amendments to WCC, Title 20 include additional standards for land clearing and on- site stormwater management within the Birch Bay Watershed that are necessary to address potential adverse impacts from development activities, as well as avoid future degradation of the Birch Bay Watershed, the shellfish resource and any associated harm to the health, safety and welfare of the public. 3. The text amendments presented in Exhibit A are consistent with the goals and policies of the Growth Management Act, Whatcom County Comprehensive Plan, the County -Wide Planning Policies, and the Birch Bay Community Plan. V. RECOMMENDATION Based upon the above analysis, findings of fact and reasons for action, and conclusions, Planning staff recommends that the proposed Title 20 text amendments attached as Exhibit A be recommended for approval by the County Council. File # ZON2004 -00011 January 20, 2005 Birch Bay Watershed Amendments Staff Report Page 9 VI. ATTACHMENTS Exhibit A: Proposed Amendments to WCC Title 20.80.635 and 20.80.735 Exhibit B: Map of Birch Bay Watershed Exhibit C: Whatcom County Comprehensive Plan goals and policies related to the proposed WCC Title 20 text amendments Exhibit D: A non - exhaustive list of reference materials available for Planning Commission review and consideration (Copies of specific materials are available upon request.) Birch Bay Watershed Amendments EXHIBIT A 'Proposed WCC, Title 20 zoning text amendments are identified by single underline text. WCC TITLE 20, Section 20.80.635 STORMWATER SPECIAL DISTRICTS 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. (dd) Birch Bay watershed (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. 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, non - polluting 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 forthat subdivision, binding site plan, short subdivision, or major development approval. WCC TITLE 20, Section 20.80.735 WATER RESOURCE SPECIAL MANAGEMENT AREAS 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: Birch Bay Watershed Amendments EXHIBIT A • Lake Whatcom watershed; • Drayton Harbor watershed; and • Lake Samish watershed-.Land • 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 and Lake Samish 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: (1) Five thousand square feet or greater during the dry season, May 1" through September 30th ; or April 30". (2) Five hundred square feet or greater during the wet season, October 1" through 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 activity 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 and Lake Samish 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 non - conversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (1) 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 ofthe existing tree canopy area, whichever is greater. (2) 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; Birch Bay Watershed Amendments EXHIBIT A (c) Trees within critical areas or their associated setback and /or buffer areas as defined under WCC Title 16 or WCC Title 23; or (d) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (3) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (4) 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: • North arrow; • Property boundaries; • Existing structures; • Site access; • Tree canopy areas to be removed; • The outer dripline of tree canopy areas to be retained; • Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; • Protection measures to be utilized for areas that will be undisturbed; and • Areas to be re- planted pursuant to subsection (7). (b) A planting schedule that indicates the time frame for re- planting of trees as applicable; and (c) Provisions for maintenance and monitoring. (5) Prior to any clearing activity or development activity, any tree canopy area designated for retention shall be delineated bytemporary 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 ofthe proposed clearing ordevelopment activity. Anytree 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. (6) 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 WCC 20.97, 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. (7) 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 Birch Bay Watershed Amendments EXHIBIT A (d) be located away from areas where damage is likely. (8) 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. (9) The county may require a bond or other security in an amount not to exceed 125 - percent of the merchantable timberto guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county overthe 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 forthe 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 re- planting 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 and Lake Samish watersheds, during the wet season, from October 1 "through April 301", clearing activities shall not be permitted within the Lake Whatcom and Lake Samish watersheds unless the technical administrator determines that erosion control measures will control erosion and prevent silt -laden runoff from leaving the construction site (1) Seasonal clearing activity review. The technical administrator shall evaluate clearing activities based on thresholds established in the seasonal clearing site evaluation worksheet. The technical administrator shall use this worksheet to evaluate the following criteria on a site by site basis: existing slope, soil type, proximity to wetlands, streams, shorelines and other receiving waters (surface waters of the state), average rainfall /saturation of the proposed month(s) of activity, and size of the area to be cleared or graded. (a) If the proposed clearing activity does not exceed the minimum threshold established for seasonal clearing limitations, the proposed activity shall be exempt from this section and shall be subject to the provisions of sections 20.80.735(2)(a) through (d) and (2)(f) as applicable. (b) If the proposed clearing activity meets the established thresholds for seasonal clearing limitations, the proposed activity shall be subject to further review and compliance under the following subsections (i) through (viii) as applicable: (i) Proposed activities meeting the criteria for seasonal clearing limitations shall be further evaluated for site specific conditions, including but not limited to, percent of vegetation to remain on site, percent of impervious surfaces on site, and adjacent and /or potentially affected land uses. (ii) Clearing and grading activities during the wet season will be allowed only if a winter erosion and sediment control plan, which defines limits on clearing and grading, timing and duration of clearing activity, specific erosion and sediment control measures, and monitoring, is approved by the administrator. (iii) An approved winter erosion and sediment control plan shall be implemented and monitored by a certified erosion control operator. A certified erosion control operator shall be an individual who has successfully completed formal training in erosion and sediment control during construction by a recognized organization acceptable to the director. A certification of successful completion of such erosion and sediment control training be submitted at the time of application. (iv) The applicant shall also provide a 24 -hour contact number for emergency erosion and sediment control response during periods of clearing activities and site stabilization. (v) The county may require a bond, assignment of savings or other form of financial assurance in the amount of 125 percent of the estimated costs of the projected maintenance of temporary sediment and erosion control facilities and the repair of degraded site Birch Bay Watershed Amendments EXHIBIT A conditions related to the clearing activity. The performance assurance is to guarantee site stabilization. (vi) If, during the course of construction, silt -laden runoff leaves the construction site, or if clearing activity limits or erosion and sediment control measures shown in the approved plan are not maintained, a correction notice to implement adequate erosion and sediment control measures shall be issued by the administrator. The developer shall implement corrective measures, at the direction of the technical administrator, to address the problem within 24 hours of issuance of the correction notice. (vii) If the erosion and sediment control problem defined in the correction notice is not adequately addressed within twenty -four hours of issuance, then a stop work order may be issued. (viii) Issuance of a stop work order may also require the developer to discontinue any further clearing activities, except for erosion and sediment control maintenance and repair, until the end of the wet season. (c) If the proposed clearing activity exceeds the maximum established threshold for seasonal clearing limitations, the technical administrator shall deny approval of the proposed activity during the wet season. (2) Based upon the review criteria and thresholds under section (1) above, the technical administrator shall set forth in writing the basis for approval or denial of clearing activities during the wet season. If the applicant does not agree with the determination made by the designated technical administrator, a request for an administrative appeal may be submitted to the Directorwithin five working days. The Director shall issue a final decision within five working days of receipt of the appeal. The Director's final decision may be appealed to the Whatcom County Hearing Examiner pursuant to WCC Chapter 20.84. (3) Exemptions. In addition to the clearing activities exempted under section 20.80.733, the following activities are exempt from the seasonal clearing limitations of this section: (a) activities exempted pursuant to section 20.80.735(2)(f)(1)(a); (COHP); (b) forestry activities related to an approved Conversion Option Harvest Plan (c) routine maintenance and necessary repair of erosion and sediment control facilities; (d) routine maintenance of public facilities or existing utility lines; (e) re- vegetation and hardscaping activities required to stabilize a disturbed site; (f) clearing activities disturbing an area less than 500 square feet; and (g) public or private response to emergencies that present an unanticipated and imminent threat to public health, safety or the environment which requires immediate action within a time frame 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. An exemption from the seasonal land clearing requirements of this section does not grant authorization for any work to be done in a manner which 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 — Enforcement and Penalties. Birch Bay Watershed Amendments EXHIBIT C Related 1997 Whatcom County Comprehensive Plan Goals. Policies and Action Items Chapter 2 — LAND USE Goal 2H: Preserveprivate property rights while recognizingthe importanceofthe rights ofthe community, including protecting the natural environment and conserving resources. Policy 2H -1: Review and retain regulations that serve to protect the public welfare, health, and safety. Goal 2M: Protect and encourage restoration of habitat for fish and wildlife populations. Policy 2M -1: Ensure that new land uses do not degrade habitat of threatened and endangered species. Policy 2M -2: Ensure that existing land uses do not cause further degradation of habitat for threatened and endangered species. Policy 2EE -5: Promote better land use practices and protect water quality by encouraging landowners and developers to investigate and implement innovative subdivision, septic system designs, and stormwater management. Goal 2SS: Conserve or enhance important natural, cultural, and scenic resources. Policy 2SS -2: Protect soil resources. Policy 2SS -3: Protect unique or critical wildlife and native plant habitat. Chapter 11 - ENVIRONMENT Goal 11A: Protect natural resource and systems, life and property from potential hazards. Policy 11A -2: Protect the environment through a comprehensive program that includes voluntary activity, education, incentives, regulation, enforcement, restoration, monitoring, acquisition, mitigation, and intergovernmental coordination. Policy 11 A4: Manage designated Environmentally Critical Areas (ECAs) as needed, to minimize or protect against environmental degradation and reduce the potential for losses to property and human life. Policy: 11 B -6: Provide clear, timely, appropriate and understandable direction to citizens, developers, and property owners. Goal 11 E: Protect and enhance water quality and promote sustainable and efficient use of water resources. Birch Bay Watershed Amendments EXHIBIT C Policy 11 E -1: Actively promote and participate in education, research and information Policy 11 F -3: In conjunction with the public and appropriate local, State, Tribal, and Federal jurisdictions, develop management strategies for those areas requiring special protection. Management efforts should consider both water quality and quantity. Water quality efforts should help reduce the likelihood that potential contaminant sources will pollute water supplies. Water quantity efforts should include consideration and protection of recharge areas as appropriate and potential effects on stream flow. Policy 11 F -6: In conjunction with all jurisdictions develop and adopt programs to protect water quality and quantity within watersheds, aquifers and marine water bodies which cross jurisdictional boundaries. Goal 11 G: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. Policy 11G -1: Manage stormwater runoff to minimize surface water quality and quantity impacts and downstream impacts on channel morphology, property owners, and aquatic habitats. Policy 11G -2: Maintain or enhance, when appropriate, natural drainage systems and natural water storage sites in order to better protect water quality, moderate water quantity, minimize environmental degradation, and reduce public costs. opportunities which better our understanding of the county's complex water resource systems. New information should be considered in the development and evaluation of management actions. Policy 11 E -2: Maintain as a high priority the protection of water quality and quantity, and associated features like watersheds and aquifers. Policy 11 E -3: Pursue the most effective methods for protecting water quality, through both regulatory (e.g. zoning, enforcement, fines) and non- regulatory approaches (education, incentives, and technical /financial assistance). Emphasis should be placed on non - regulatory approaches where possible and effective. Goal 11F: Protect and enhance Whatcom County's surface water and groundwater quality and quantity for current and future generations. Policy 11 F -1: Manage surface water systems, where appropriate, on a watershed basis. Policy 11 F -2: In conjunction with the public and appropriate local, State, and Federal jurisdictions, define and identify watersheds which may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds such as those specified under WAC 400 — "Local Planning and Management of Non -point Source Pollution', WRIA Watershed Management Planning, and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom, Lake Samish and Drayton Harbor). Policy 11 F -3: In conjunction with the public and appropriate local, State, Tribal, and Federal jurisdictions, develop management strategies for those areas requiring special protection. Management efforts should consider both water quality and quantity. Water quality efforts should help reduce the likelihood that potential contaminant sources will pollute water supplies. Water quantity efforts should include consideration and protection of recharge areas as appropriate and potential effects on stream flow. Policy 11 F -6: In conjunction with all jurisdictions develop and adopt programs to protect water quality and quantity within watersheds, aquifers and marine water bodies which cross jurisdictional boundaries. Goal 11 G: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. Policy 11G -1: Manage stormwater runoff to minimize surface water quality and quantity impacts and downstream impacts on channel morphology, property owners, and aquatic habitats. Policy 11G -2: Maintain or enhance, when appropriate, natural drainage systems and natural water storage sites in order to better protect water quality, moderate water quantity, minimize environmental degradation, and reduce public costs. Birch Bay Watershed Amendments EXHIBIT C Policy 11G -3: Limit the alteration of natural drainage systems and natural water storage sites without acceptable mitigating measures. Such measures should not significantly degrade water quality or fish and wildlife habitat, and should not increase hazards to the community. Policy 11G -6: Develop specific stormwater management programs for each drainage basin within the county's jurisdiction which may be impacted by urban levels of development. Recognize the Lake Whatcom Watershed, Lake Samish, and Drayton Harbor as high priorities in this effort. Coordinate efforts with the Lake Whatcom Management Committee program, the Lake Samish Watershed Management Advisory Committee, the shellfish protection districts, and other watershed management plans. Policy 11G -8: Encourage the use of Low Impact Development Strategies. Minimize the amount of impervious surface whenever practicable by using natural engineering design methods such as the use of open, grassed street swales instead of curbs and gutters. Where feasible, encourage alternate surfacing options and other techniques associated with low impact development (see Glossary). Policy 11G -1 O:Develop and administer regulations and incentives such that there is no net loss of areas that ecological functions and values as of wetlands and fish and wildlife habitats. Goal 11 H: Protect and enhance natural systems which provide economic, ecological, aesthetic, and cultural benefit. Policy 11 H -1: Define and identify habitats and habitat features important to fish and wildlife. Policy 11 H -2: Develop and adopt programs which protect habitats that are essential to the conservation of species that have been identified as endangered, threatened or sensitive by the state or federal government. Policy 11 H -5: Provide measures to mitigate water quality and quantity impacts from both public and private alterations of natural drainage systems. Policy 11 H -9: Protect, retain and enhance the beneficial uses and functions of streams and rivers. Define and identity the beneficial uses and functions of streams and rivers which include wildlife and fisheries habitat, water quality, open space, aesthetics, and recreation. Policy 111-1-12: Support design and development of residential and industrial development that minimizes disturbance to rivers, streams, and functioning riparian areas. Policy 11 H -13: Evaluate the full value of the fishery, including its cultural and economic value, inland use decisions that may impact that fishery. Unavoidable impacts to an individual habitat or fishery should be mitigated. Goal 11 J: Protect and enhance natural systems that support native fish and wildlife populations and habitat. Birch Bay Watershed Amendments EXHIBIT C Policy 11J -2: Support the protection and enhancement of significant fish spawning and rearing habitat, food resources, refugia (shelter), and travel passages. Policy 11J -4: Support protection and enhancement of fish and wildlife habitat through site design in new development. Policy 11J -5: Native vegetation and soils on stream banks and shorelines should be disturbed as little as possible. In situations where re- vegetation is necessary to restore stream bank or shoreline stability and provide shading, site - specific native plants should be used. Retention of vegetated riparian areas on all lake and marine shorelines should also be encouraged. Policy 11J -7: Encourage native vegetation and soils retention and plantings which provide or maintain the beneficial uses and functions of streams, rivers, lakes and marine shorelines. Policy 11 K -4: Encourage land development that avoids or mitigates wetland impact. Impacts to important wetlands should be contingent upon full mitigation measures that equitably compensate for wetlands impacts, on a case by case basis. Strongly discourage alteration of land that results in the degradation of significant wetlands. Goal 11 L: Protect and enhance marine resources in Whatcom County. Goal 11 M: Protect and enhance shellfish habitat in commercial and recreational areas in order to ensure a productive resource base for long -term use. Policy 11 M -2: Restore degraded waters within the drainage basins of shellfish growing areas to a level that allows /supports shellfish harvesting. Policy 11 M -3: Protect shellfish resources by means of prevention. This should include surface and ground water monitoring for early detection of pollution which will minimize the damage and cost of resource restoration. Policy 11M -5: Develop Low Impact Development standards in shellfish habitat areas. Policy 11 M -6: Identify stormwater treatment systems that will help reduce fecal coliform bacterial levels in stormwater that discharges directly into shellfish habitat areas and encourage their use and construction. Environment Action Item 22: Continue the identification of areas requiring special protection such as wellhead protection areas, aquifers and high priority watersheds, and incorporate that knowledge into management actions including dissemination of the information to the general public. Environment Action Item 33: Review Stormwater Special Districts Standards that address runoff treatment from potentially polluting surfaces for their applicability to other sensitive watersheds. Birch Bay Watershed Amendments EXHIBIT D Watershed Reaulation Reference Materials The following non - exhaustive list of reference materials is available for review and consideration by Planning Commission upon request: January 2005 Low Impact Development Technical Guidance Manual for Puget Sound, Puget Sound Action Team and Washington State University, Pierce County Extension. June 2004 Stuart Glasoe and Aimee Christy. "Literature Review and Analysis: Coastal Urbanization and Microbial Contamination of Shellfish Growing Areas." Puget Sound Action Team. Publication #: PSAT04 -09. August 5, 2003 Douglas Beyerlein, P.E., and Joseph Brascher. "Traditional Alternatives: Will More Detention Work? Salmon in the City Conference. August 5, 2003 Susan Bolton and Anne Wafts. "Results From Forest Hydrology Studies: Is There a Lesson for Urban Planners?' Salmon in the City Conference, August 2003 Dyanne Sheldon, et. al. Freshwater Wetlands in Washington State Volume 1: A Synthesis of the Science - DRAFT. Washington State Department of Ecology. Publication No. 03 -06 -016. August 2003 Nigel Dudley and Sue Stolton. Running Pure: The importance of forest Protected areas to drinking water. World Bank/WWF Alliance for Forest Conservation and Sustainable Use. June 19, 2003 Washington State Department of Ecology. "Managing Vegetation on Coastal Slopes." www.ecy.wa.gov /programs /sea /pubs /93- 31.html June 17, 2003 Jim Johannessen. "Vegetation Management on Puget Sound Shores," (Power Point Presentation) Coastal Geologic Services. April 8, 2003 Derek B. Booth, David Hartley and Rhett Jackson. Forest Cover. Impervious - Surface Area, and the Mitigation of Stormwater Impacts. March 2003 Natural Approaches to Stormwater Management Low Impact Development in Puget Sound. Puget Sound Action Team. March 2003 Watershed Protection Research Monograph No 1 � Impacts of Impervious Cover on Aquatic Systems. Center for Watershed Protection. January 2, 2003 Mary Catherine Hager. "Low- Impact Development." Stormwater - The Journal for Surface Water Quality Professionals. 2003 Howard Stenn. Guidelines & Resources for Implementing Soil Depth & Quality BMP T.5.13 in WDOE Western Washington Stormwater Manual, Snohomish County Public Works. August 21, 2002 "Construction Site Management Measure- III. Construction Activities." United Birch Bay Watershed Amendments EXHIBIT D Stated Environmental Protection Agency. EPA website. www.epa.gov/owow/nps/MMGI/Chapter4/ch4-3a.html July 2002 National Management Measures to Control Nongoint Source Pollution from Urban Areas - Draft. United States Environmental Protection Agency. August 2001 Stormwater Management Manual for Western Washington. Washington State Department of Ecology. April 2001 Whatcom County Endangered Species Act Evaluation Report. URS Corporation. October 2000 Water Quality Model Code and Guidebook, Department of Land Conservation and Development, Oregon Department of Environmental Quality. September 2000 Derek B. Booth, Forest Cover, Impervious- Surface Area and the Mitigation of Urbanization Impacts in King County Washington. Centerfor Urban Water Resources Management, University of Washington. Winter 2000 Neil Weinstein. "Low- Impact Development: A Builder- Friendly Approach to Stormwater Management." Land Development. Spring /Summer 2000 Ron Tyne. "Bridging the Gap: Developers Can See Green - Economic Benefits of Sustainable Site Design and Low- Impact Development." Land Development. 2000 Qingfu Xiao, et. al. Winter rainfall interception by two mature open- growth trees in Davis. California. University of California, Davis. 2000 'The Importance of Imperviousness." (Article 1) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Is Rooftop Runoff Really Clean ?' (Article 8) Practice of Watershed Protection. Center for Watershed Protection. 2000 Christopher W. May, et. al. "Effects of Urbanization on Small Streams in the Puget Sound Ecoregion." (Article 18) Practice of Watershed Protection. Center for Watershed Protection. 2000 'The Economics of Watershed Protection." (Article 30) Practice of Watershed Protection. Center for Watershed Protection. 2000 'The Compaction of Urban Soils." (Article 36) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Can Urban Soil Compaction be Reversed." (Article 37) Practice of Watershed Protection. Center for Watershed Protection. 2000 "An Introduction to Better Site Design." (Article 45) Practice of Watershed Protection. Center for Watershed Protection. Birch Bay Watershed Amendments EXHIBIT D 2000 "The Benefits of Better Site Design in Residential Subdivisions." (Article 46) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Use of Open Space Design to Protect Watersheds." (Article 51) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Muddy Water In, Muddy Water Out ?" (Article 52) Practice of Watershed Protection Center for Watershed Protection. 2000 "Clearing and Grading Regulations Exposed." (Article 53) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Practical Tips for Construction Site Phasing." (Article 54) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Keeping Soil in Its Place." (Article 55) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Strengthening Silt Fences." (Article 56) Practice of Watershed Protection. Center for Watershed Protection. 2000 Robert G. Paterson. "Construction Practices: The Good, the Bad, and the Ugly." (Article 60) Practice of Watershed Protection. Center for Watershed Protection. 2000 "Why Stormwater Matters." (Article 63) Practice of Watershed Protection. Center for Watershed Protection. June 1999 Low - Impact Development Design Strategies - An Integrated Design Approach, Prince George's County MD, Department of Environmental Resources Programs & Planning Division. Summer 1999 Derek B. Booth and Jennifer Leavitt. "Field Evaluation of Permeable Pavement Systems for Improved Stormwater Management." APA Journal. 1999 Stormwater Strategies - Community Responses to Runoff Pollution. Natural Resources Defense Council. August 1998 Better Site Design: A Handbook for Changing Development Rules in Your Community, Principle No. 11. Center for Watershed Protection. August 1998 Better Site Design: A Handbook for Changing Development Rules in Your Community, Principle No. 19. Center for Watershed Protection. August 1998 Better Site Design: A Handbook for Changing Development Rules in Your Community, Principle No. 20. Center for Watershed Protection. October 1998 Rapid Watershed Planning Handbook - A Resource Guide for Urban Subwatershed Management, Center for Watershed Protection. Birch Bay Watershed Amendments EXHIBIT D December 1995 Tom Schueler. Site Planning for Urban Stream Protection. Center for Watershed Protection, Fall 1995 Tom Schueler. "The Peculiarities of Perviousness." Watershed Protection Techniques Vol. 2, No. 1. Center for Watershed Protection. 1995 David K. Makepeace, Daniel W. Smith, and Stephen J. Stanley. "Urban Stormwater Quality: Summary of Contaminant Data." Critical Reviews in Environmental Science and Technology. 1991 Derek B. Booth. "Urbanization and the Natural Drainage System - Impacts, Solutions, and Prognoses." reprinted from The Northwest Environmental Journal, Vol. 7, No. 1. Spring /Summer 1991. Undated " Stormwater Phase II Action Alert." American Forests website. www. america nforests. org Undated Richard R. Horner, et. al. "Watershed Determinants of Ecosystem Functioning." Watershed Development Effects. M