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HomeMy WebLinkAboutord2004-051At ZOO/-{ - 28i SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 9/14/04 ORDINANCE NO. 2004 -051 AN INTERIM ORDINANCE AMENDING WCC, TITLE 20, CHAPTER 20.80 -SUPPLEMENTARY REQUIREMENTS, TO INCLUDE THE BIRCH BAY WATERSHED UNDER 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 Comprehensive Plan, adopted May 20, 1997, establishes Birch Bay as an Unincorporated Residential /Recreational Urban Growth Area; and WHEREAS, the Birch Bay Urban Growth Area has the highest growth rate and the most potential for development of any unincorporated area in the county; and WHEREAS, the Birch Bay Urban Growth Area contains sufficient residential land for approximately 4,000 new residential or recreational units; and WHEREAS, the Stale Department of Health added Birch Bay to the Washington State list of threatened shellfish harvesting areas in 2003; and WHEREAS, there are a variety of land use related pollutants that can adversely impact water quality; and WHEREAS, priority actions to protect Birch Bay's water quality should include strategies to address stormwater associated with existing and future development; and WHEREAS, the Birch Bay Urban Growth Area is not served by a regional stormwater facility; and WHEREAS, the Draft 2004 Birch Bay Community Plan includes policy language to designate the Birch Bay watershed as a Stormwater Special District and as a Water Resource Special Management Area; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits adoption of interim official controls as long as a public hearing is held within 60 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action, the Council makes the following findings of fact: 1. Goal 11G of the Whatcom County Comprehensive Plan identifies protection of water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff as an objective of Whatcom County. illm 2. Goals 11L and 11M of the Whatcom County Comprehensive Plan also identify protection and enhancement of marine and shellfish habitat as objectives of Whatcom County. 3. Management of water quantity and quality is necessary to maintain viable recreational and commercial shellfish harvesting areas within Birch Bayand to protect Birch Bays waters and nearshore areas for public enjoyment, recreation, and tourism. 4. Interim amendment of W CC, Title 20 is necessary to address potential development and stormwater impacts to avoid future degradation of the Birch Bay Watershed and any associated harm to the health, safety and welfare of the public. 5. The Whatcom County Council desires the opportunity to review existing regulations and standards to permanently address these health, safety and welfare concerns. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1: Whatcom County Code, Title 20, is hereby amended as indicated in Exhibit A of this ordinance. Section 2: The Birch Bay watershed is defined as shown in Exhibit B. BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW 36.70.795, that this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six -month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. Dana BPown*ba✓is Clerk of the CouhB day of September ,2004. Z WHATCOM COUNTY COUNCIL WOUNTY, WASHINGTON Dan McShane, Council Chair APPROVED as to form David Gt*t, ivil Deputy Prosecutor pproved () Denied Kren-fin, County Executive Date: Qel— d�l Page 2 Interim Watershed Regulations - Birch Bay Watershed EXHIBIT 'Proposed interim 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 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 MANAGMEENT 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. Interim Watershed Regulations- Birch Bay Watershed EXHIBIT A Whatcom County shall establish the following geographic areas as Water Resource Special Management Areas: • 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 1" through April 30' ". (2) Five hundred square feet or greater during the wet season, October 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 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: Interim Watershed Regulations - Birch Bay Watershed EXHIBIT A (a) Stands of mature native trees; (b) Trees on sensitive slopes, on lands classified as having landslide hazards, or high erosion hazards, as defined under the critical areas ordinance; (c) Trees within critical areas or their associated setback and /or buffer areas as defined under WCC Title 16 or 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 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 3 Interim Watershed Regulations - Birch Bay Watershed EXHIBIT A threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two replacement trees shall be planted for every tree removed. Replacement trees shall: (a) be of the same, or similar, native species as those trees removed from site; (b) be planted to re- establish tree clusters where they previously existed, or to enhance protected tree clusters; (c) be planted in locations appropriate to the species' growth habitat and horticultural requirements; and (d) be located away from areas where damage is likely. (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 timber to guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county over the established value, an assessment will be made by a professional forester or arborist whose selection will be made by mutual agreement between the county and the landowner. The fee for the services of the professional forester or arborist shall be paid by the landowner or responsible party. In the event any trees designated to be retained are removed, the county shall require that sufficient trees be re- planted to replace those previously in existence. In the event that 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 V' 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 Interim Watershed Regulations- Birch Bay Watershed EXHIBIT A 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 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 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 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); (b) forestry activities related to an approved Conversion Option Harvest Plan (COHP); (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 Interim Watershed Regulations- Birch Bay Watershed EXHIBIT A 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. Bir Wa Legend: 'M Birch Bay Watershed 0 1 Mi N A Figure 10 -5 m,.