HomeMy WebLinkAboutord2003-032WHATCOM COUNTY COUNCIL AGENDA BILL
NO 9002 -121
CLEARANCES Dam Date Received In Council Office Agenda Date Assigned To
Orig. Dept.: Planning & Develop
4292003
C iE V [E
v
APR 2 9 2003
WHATCOM COUNTY
COUNCIL
5/6/2003
Introduction
Division Head :
D
nU A
T
Dept. Heatl]
Pr°oseCOtor
Budget
Executive:
SUBJECT:
Interim Ord. amend Title 20.71, 20.80, 20.85 - Will Stormwater and Clearing
ATTACHMENTS
SUMMARY STATEMENT.'
Related County Contract g: _ Should the Clerk schedule a hearing? D(N) Y Requested Dam: 5202003
Interim Ordinance amending the official Whatcom County Zoning Ordinance, Title 20, Chapter 20.71 - Water Resource
Protection Overlay District, Chapter 20.80 - Supplementary Requirements (Stormwater and Clearing), Chapter 20.85 - Planned
Unit Developments, and Chapter 20.97 - Definitions, to provide additional regulatory protection for sensitive watersheds.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2003-181 51612003: Introduced
512012003: Adopted 5 -1, Crawford opposed, Nelson absent
Orel, #2003-032
Related File Numbers: Ordinance or Resolution Number (this item only).
AB2003 -181 ORD # ^^3 � 03 Z
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE: May 6. 2003
ORDINANCE NO. 2003 -032
AN INTERIM ORDINANCE AMENDING WCC, TITLE 20, CHAPTER 20.71 — WATER
RESOURCE PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 — SUPPLEMENTARY
REQUIREMENTS, CHAPTER 20.85— PLANNED UNIT DEVELOPMENT, AND CHAPTER
20.97 — DEFINITIONS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR
SENSITIVE WATERSHEDS
WHEREAS, Lake Whatcom is the drinking water source for approximately half the residents
of Whatcom County; and
WHEREAS, Lake Samish provides drinking water for the majority of the residents
surrounding Lake Samish; and
WHEREAS. the State Department of Health closed Drayton Harbor for the harvest of
shellfish due to fecal coliform bacteria, and a Shellfish Protection District was formed in 1995; and
WHEREAS, the preservation and protection of drinking water and shellfish habitat is a top
priority of the Whatcom County Council; and
WHEREAS, Whatcom County Code 20.71 establishes the Lake Whatcom and Lake Samish
Watersheds as Water Resource Protection Overlay Districts. Whatcom County Code 20.80.635
and 20.80.735 designates Lake Whatcom, Lake Samish and Drayton Harbor as Water Resource
Special Management Areas and Stormwater Special Districts; and
WHEREAS, the Whatcom County Comprehensive Plan, adopted May 20, 1997, establishes
the Lake Whatcom Watershed as a Special Study Area; and
WHEREAS, there are a variety of land use related pollutants that can adversely impact
lake water quality which may lead to violations of the Safe Drinking Water Act (SDWA); and
WHEREAS, priority actions to protect the drinking water supply should include strategies
to address existing development, future development, and emergency or spill response; and
WHEREAS, the Planning Commission held a hearing on the proposed permanent
regulations on November 7, 2002 and made recommendations to the County Council regarding
permanent regulations on November 14, but the County Council needs additional time to
consider these recommendations; and
WHEREAS, absent the adoption of any interim official controls the purpose of the
emergency moratorium will be thwarted; and
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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. This interim amendment of W CC, Title 20 is necessary to avoid future degradation of the
Lake Whatcom, Lake Samish and Drayton Harbor Watersheds and any associated harm to
the health and welfare of the public.
2. Without the imposition of additional interim official controls, impacts from development and
stormwater may cause harm to the Lake Whatcom, Lake Samish and Drayton Harbor
Watershed and may thereby cause harm to the health and welfare of the public.
3. The Whatcom County Council desires the opportunity to review existing code and
regulations to permanently address these health and safety concerns.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
County Code, Title 20, is hereby amended as indicated in Exhibit A to this ordinance.
BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW
36.70.795, that this ordinance shall be effective for not longer than six months following its
effective date, but may be renewed for one or more six -month periods if subsequent public
hearings are held and findings of fact are made prior to each renewal.
ADOPTED this 20 day of Mar 2003.
ATTEST:
Dana Brown - Davis,
Clerk of the Council
APPROVED as to form
✓�m��David G t, Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
k� ` /�
Dan McShane, Council Chair
( Approved () Denied
C:
Pete Kremen, County Executive
Date: 5 ad � 0J
C: \Documents and SeWngsWtlministntof ccal Settings \Temp \Lk Whatcom Interim Text ORO May 6.dccNov 2
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August 20, 2002 EXHIBIT A
Chapter 20.71 - WATER RESOURCE PROTECTION OVERLAY DISTRICT
Sections:
20.71.010 Purpose.
20.71.020 Application.
20.71.021 Area and applicability.
20.71.050 Permitted uses.
20.71. 100 Accessory uses.
20.71.150 Conditional uses.
20.71.200 Prohibited uses.
20.71.300 Open space and impervious surfaces.
20.71.350 Cluster subdivisions.
20.71.351 Cluster design standards.
20.71.352 Open space reserve tract.
20.71.400 Building setback/buffer areas.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
20.71.602 Parking requirements.
20.71.603 Use - e€a— Iternative surfacing methods.
20.71.604 Vehicular access.
20.71.700 Roads, curbs, gutters and sidewalks.
20.71.010 Purpose.
The Water Resource Protection Overlay District is an overlay zone which is intended to impose
additional controls to preserve and protect unique and important water resources within
Whatcom County. This district is designed to protect the unique character of the Lake Whatcom
and Lake Samish watersheds while creating opportunities not available in the underlying zone
districts to address the needs of these watersheds.
20.71.020 Application.
20.71.021 Area and applicability.
(1) The Water Resource Protection Overlay District is an overlay zone which covers the
entire geographic area of the Lake Whatcom and Lake Samish watersheds within Whatcom
County jurisdiction. For purposes of this title, the Lake Samish Watershed shall consist of that
portion of the Friday Creek sub -basin of the Samish River Watershed that lies within Whatcom
County.
(2) This district may seuld be expanded to include other areas through the annual zoning
text amendment process.
(3) Lake Whatcom and Lake Samish are hes also been designated as stormwater
special districts under the stormwater regulations contained in WCC 20.80.6354 and both Lake
WhAtsAm ^ ^a ^ S^^i sh ha ^ been designated as water resource special management
areas under the clearing regulations contained in WCC 20.80.7350.
(4) If the provisions of this chapter conflict with the provisions of the Shoreline
Management Program, or the Critical Areas Ordinance, the Whatcom County Development
Standards, or the provisions of the underlying zoning district, then the most restrictive shall
apply, with the exception of the setback provisions established in WCC 20.71.401.
20.71.050 Permitted uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited
August 20, 2002 EXHIBIT A
or made conditional, or further conditioned by this chapter.
.051 Agriculture including animal husbandry, horticulture, viticulture, Floriculture, and the
cultivation of crops, provided uses which involve five or more animal units or cultivation of two or
more acres shall be subject to completion of a conservation plan in conformance with Appendix
A, Conservation Program on Agricultural Lands, of the Whatcom County Critical Areas
Ordinance. ......... .._._._ _AftPF the c"_ =^r'on cf'h^ ehapt^- a All new and preexisting
agricultural uses, other than structures, with two to five animal units shall comply with the
setbacks established in the Critical Areas Ordinance unless they have completed and
implemented a conservation plan which provides for a smaller buffer.
.052 Private noncommercial greenhouses less than 250 square feet.
20.71.100 Accessory uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited
or made conditional, or further conditioned by this chapter.
20.71.150 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless
expressly prohibited, made conditional, or further conditioned by this chapter.
.151 On -site storage facilities for hazardous wastes associated with outright permitted uses or
approved conditional uses, other than cottage industries as defined in WCC 20.71.2156, subject
to the most current siting criteria under Chapter 173- 303 WAC within the Rural, Rural Forestry,
Commercial Forestry, Neighborhood Commercial and Resort Commercial zone districts only.
.152 In the Rural, Rural Forestry and Commercial Forestry zone districts only, transitory solid
waste facilities for storage or collection, including: recycle centers, drop boxes, and transfer
stations for household materials excluding large items such as automobiles or major appliances,
and including the type of facilities operated by neighborhood or public service organizations.
Transfer stations shall be subject to the provisions established under WCC 20.42.160.
.153 Animal hospitals and accessory kennels and stables, or commercial kennels and stables
intended for the boarding or training of domestic animals located in the Rural zone, provided:
(1) No building or animal enclosures other than pasture fencing shall be located closer
than 50 feet from the external property lines;
(2) Such facilities must provide a waste disposal program that demonstrates that animal
waste will not impact surface or ground water;
(3) Such facilities which accommodate five or more animal units shall be subject to
completion of a conservation plan in conformance with Appendix A, Conservation Program on
Agricultural Lands, of the Whatcom County Critical Areas Ordinance. With n six months afteF the
Preexisting facilities with more than two, but less than five, animal
units shall comply with the setbacks established in the Critical Areas Ordinance unless they
have completed and implemented a conservation plan which provides for a smaller buffer; and
(4) Such facilities shall be operated at all times in a manner specifically designed to
prevent the use of the facilities from becoming a nuisance, either public or private; and the
hearing examiner shall require of the applicant a detailed program to minimize any potential
watershed impacts or any other potential adverse impacts; said program is to be recorded as
one of the conditions attached to the permit.
.154 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of
plants, provided: -
August 20, 2002 EXHIBIT A
(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake
Whatcom, Lake Samish, or streams subject to the Shoreline Management Program Act, 200
feet from fish bearing streams, or 150 feet from other streams, and their tributaries, which flow
into Lake Whatcom or Lake Samish.
(3) A monitoring program has been established to ensure that chemical and pesticide
quantities in stormwater runoff do not exceed state water quality standards. Complete control of
drainage from the operation shall be in effect. Such runoff will be tested bimonthly for pollutants
and there will be quarterly unannounced spot checks by a licensed water quality testing agency.
All requirements will be met at the owner's expense.
20.71.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are
prohibited:
.201 Dry cleaning establishments.
.202 Gas stations, service stations, automotive repair garages and automotive wrecking yards.
.203 Sod farming.
.204 Aquaculture and mariculture projects, provided that fish hatcheries and private non-
commercial fish ponds approved by the Department of Fish and Wildlife may be Permitted are
mss.
.205 The operation of fur farms.
.206 Confinement feeding operations.
.207 Asphalt and concrete batch plants.
.208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program.
.209 Utilization of sewage sludge on land.
.210 On -site treatment facilities for hazardous wastes.
.211 Commercial composting and mulching facilities.
.212 Solid waste disposal or treatment facilities and sites of a permanent nature, including
landfills and incinerators.
.213 Golf courses.
.214 Cemeteries.
.215 Cottage industries which would require on -site hazardous waste storage facilities.
.216 Surface mining outside of designated Mineral Resource Lands (MRL) special overlay
districts.
August 20, 2002 EXHIBIT A
20.71.300 Open space and impervious surfaces.
.301 Open space requirements shall be as follows:
(1) For uses in the TC and NC zones, at least 25 percent of the parcel shall be reserved
as open space.
(2) For uses in the RC zone, at least 40 percent of the parcel shall be reserved as open
space.
(3) Parking areas, driveways, patios and outdoor storage and loading areas that are
constructed of impervious surfaces shall not be considered open space;
(4) Open space areas shall be maintained in natural vegetation or landscaped per WCC
20.80.325.
(5) For properties within the jurisdiction of the Shoreline Management Program (WCC
Title 23), submerged lands and /or tidelands within the boundaries of any waterfront parcel that
are located waterward of the ordinary high water mark shall not be used in open space
calculations.
.302 Impervious surface requirements shall be as follows:
(1) For uses in the UR and URM zone districts, at least 50 percent of the lot pareel shall
be kept free of structures and impervious surfaces, except feF in the UR zone, where on lots
larger than 10,000 square feet, 60 percent of the lot shall be kept free of impervious surfaces.
(2) For uses in the RR zone district, at least 80 percent of the lot parcel shall be kept free
of structures and impervious surfaces.
(3) For uses in the R zone district, at least 90 percent of the lot paFeel shall be kept free
of structures and impervious surfaces.
(4) For parcels where the applicable formulas in subsections (1), (2), and (3) would not
allow a 2 000 8,900 square foot impervious surface area, 2 000 3,000 square feet of impervious
surface shall be allowed.
(5) Pre - existing non - conforming impervious surfaces may be maintained or redeveloped.
prohibited.
(s g) A mobile home within an existing mobile home park '^ the Lake S6FR:A WateP. hed
may be replaced with a larger mobile home (not to exceed a maximum of 1,500 square feet)
provided there is not an increase in the overall number of mobile homes in the park or any
increase in other impervious surfaces beyond the new mobile home footprint.
may be PFOVided in patios, paths, dFiveways, paddng aFeas, outdeeF sterage, lead ng apeas, eta.
which Lit! ze altBFnative GUFfaGiRg GPti8RG (ke.,- pay!Rg Weeks, plastiG matting, gFavel, badi, and
(7) For properties within the jurisdiction of the Shoreline Management Program (WCC
Title 23), submerged lands and /or tidelands within the boundaries of any waterfront parcel that
are located waterward of the ordinary high water mark shall not be used in impervious /pervious
surface calculations.
(8) Any portion of a roof overhang or other overhanging architectural feature which
proiecls further than 3 feet from the footprint of a structure shall be calculated as impervious
surface
.303 For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract
which is kept in pervious open space may be counted toward pervious surface area
requirements for the lots in the subdivision on a prorated basis.
August 20, 2002 EXHIBIT A
20.71.350 Cluster subdivisions.
20.71.351 Cluster design standards.
The creation of new building lots within water resource protection overlay districts shall be
may be used, however, there shall be at least 500 feet of separation between any clusters
(4) Clustered building lots may only be created lhrouah the subdivision, short subdivision
20.71.352 Open space reserve tract.
part V.
(3) The purpose of the open space reserve tract as stated in WCC 20.71.350
paragraphs (1) and (2) shall be recorded on the face of the final plat or short plat The number
of development densities remaining (if any) on the reserve tract based on the gross density of
the parent parcel, shall also be recorded on the face of the final plat or short plat.
(4) The above stated reauirements (2) and (3) shall be recorded as a restriction on the
face of the final plat or short plat, and shall constitute an aareement between Whatcom County
2002 EXHIBIT A
Subdivision Ordinance, and the Whatcom County Comprehensive Plan.
20.71.400 Building setback/buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class II
roads shall have a setback of 30 feet; and Class III, IV and V roads shall have a setback of 20
feet provided, that the road right -of -way meets the minimum standard for road rights -of -way
pursuant to the Whatcom County Development Standards.
.402 Roof overhangs or other overhanging architectural features shall not project further than 18
inches into the side or rear yard setbacks. Such overhangs may extend three feet into the front
yard setback; however, in no case shall they extend more than one -half the depth of the front
yard setback.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet
in length; provided, however, that for any parking area of six or more spaces, 50 percent of all
spaces may have the rectangular dimensions of eight feet in width and 15 feet in length;
provided, that these spaces are marked for use by compact automobiles. Except in single - family
residential areas, all dimensions shall be exclusive of driveways, aisles and other circulation
areas required under WCC 20.80.560 and 20.80.570
20.71.602 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 unless, otherwise specified in this
section. Minimum parking requirements may be reduced lessened if any of the following
methods are utilized:
(1) A shared parking agreement has been filed with the zoning administrator establishing
a shared parking lot for land uses with noncompeting hours of operation, or for multitenant retail
and commercial facilities; provided the parking lot is not located further than 700 feet from any
of the uses it is intended to serve.
(a) Required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use developments with similar operating hours may be required to
submit a parking demand study to determine if parking can be combined.
(2) A 20 percent reduction ^f up to 20 pemen may be approved realized if an
establishment is located within 1,000 feet of any regularly scheduled bus stop.
(3) The zoning administrator determines that a reduced requirement will reduce overall
impervious surfaces while maintaining consistency with this chapter.
20.71.603 Use-ofaAlternative surfacing methods.
Use- ef-aAlternative surfaces including, but not limited to: p^^'^ s ^^^^ic^•^, ^^F^ s asphalt,
paving blocks, plaGN- fflattiRg, 1309' •--' gravel, bark or wood mulch, turf
block, pervious concrete, porous asphalt, and other similar approved materials are is
encouraged for fringe or overflow parking areas, emergency parking areas, private roads. fire
lanes, road shoulders, bike oaths, walkways. patios, driveways, and easement service roads in
residential or commercial zones unless site constraints make use of such materials detrimental
to water quality. Use ^f pep,19us FnateFiais is eAGOUFaged for private Foads, F^^ 611486, FaMW
August 20, 2002 EXHIBIT A
shauldeFs Is ke paths walleApays, patios, and a:. ^ • ^ •^ However, utilization of alternative
surfacing methods in commercial or public facility areas shall be subject to review and approval
by the Whatoom County public works department, fire marshal and /or the county ADA
coordinator for compliance with other applicable regulations. payed
20.71.604 Vehicular access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing
lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to share access
points. In new developments, lots or leased sites shall be oriented toward internal driveways,
parking areas, or roads, with limited access to arterial or collector roads.
20.71.700 Roads, curbs, gutters and sidewalks.
The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative
street sections, which do not compromise the public safety, shall be encouraged in the
watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and vehicular
circulation requirements may be implemented with the approval of the Whatcom County public
works department. Unless specifically required, roads shall not be wider than the minimum
applicable standard. A rural road standard may be approved by the Whatcom County public
works department for urban density residential areas where the developer provides adequate
off - street parking and pedestrian walkways. Use of shared parking facilities and pervious
pedestrian walkways is encouraged.
Chapter 20.80 - SUPPLEMENTARY REQUIREMENTS
Sections:
20.80.200 Setback requirements.
20.80.210 Minimum setbacks.
20.80.212 Concurrency.
20.80.215 Setbacks — Off - premises advertising signs.
20.80.220 Use of setback areas.
20.80.230 Measurement of setbacks.
20.80.240 Reserved.
20.80.250 Special setbacks provisions by district.
20.80.251 Residential districts.
20.80.252 Rural District.
20.80.253 Commercial districts.
20.80.254 Industrial districts.
20.80.255 Agriculture District.
20.80.256 Forestry districts.
20.80.257 Recreation and Open Space District.
20.80.258 All districts.
20.80.300 Landscaping.
20.80.310 Purpose.
20.80.315 Scope.
20.80.320 Plans.
20.80.325 Landscaping location and spacing.
20.80.330 Plant sizes at time of planting.
"r,
EXHIBIT A
20.80.335 Plant choices.
20.80.340 Existing vegetation.
20.80.345 Buffering plantings.
20.80.350 Parking areas.
20.80.355 Trash and storage areas — Screening and placement.
20.80.360 Special requirements for individual zone districts.
20.80.365 Conformance to Guide Meridian plan.
20.80.370 Modifications.
20.80.375 Installation and bonding.
20.80.380 Planting and care.
20.80.384 Deleted.
20.80.385 Street planting.
20.80.400 Sign controls.
20.80.410 Signs — General provisions — Applicable to all districts.
20.80.420 Neighborhood Commercial District sign regulations.
20.80.430 General Commercial District sign regulations.
20.80.435 Tourist Commercial District sign regulations.
20.80.440 Resort Commercial District.
20.80.450 General Manufacturing, Light and Heavy Impact Industrial, and Airport
Operation Districts sign regulations.
20.80.460 Recreation and Open Space District sign regulations.
20.80.470 Exemptions.
20.80.500 Off - street parking and loading requirements.
20.80.505 General requirements.
20.80.510 Parking space dimensions.
20.80.515 Loading space requirements and dimensions.
20.80.520 Surfacing.
20.80.521 Drainage.
20.80.522 Maintenance.
20.80.523 Lighting.
20.80.525 Location of parking spaces.
20.80.530 Screening and /or landscaping.
20.80.535 Required trash areas.
20.80.540 Nonpermitted storage.
20.80.545 Minimum distance and setbacks. -
20.80.550 Joint use.
20.80.555 Wheel blocks.
20.80.560 Width of aisles.
20.80.565 Access.
20.80.570 Circulation.
20.80.575 Striping.
20.80.580 Parking space requirements.
20.80.585 Accessible parking.
20.80.590 General interpretations.
20.80.600 Other development standards.
20.80.610 Deleted.
20.80.620 Noise.
20.80.630 Stormwater and drainage.
20.80.631 Exemptions.
20.80.632 Small development requirements .
20.80.633 Large development requirements g'^F•.,.a,,..V'AtPF �iq.
August20,2002 EXHIBIT A
20.80.634 Conformance required
20.80.635 Stormwater special districts
20.80.636 Stormwater special district requirements.
20.80.640 Driveways.
20.80.650 Air quality.
20.80.660 All- weather road access.
20.80.670 Docks.
20.80.675 Height limitations.
20.80.680 Unsuitable land.
20.80.700 Replacement dwellings.
20.80.720 Variances to lot area and width requirements for new subdivisions.
20.80.730 Land clearing.
20.80.731 Purpose.
20.80.732 Applicability.
20.80.733 Exemptions
20.80.742 Penalties.
20.80.743 Review fees.
20.80.800 Livestock regulations.
20.80.801 Purpose.
20.80.805 Animal units.
20.80.900 Surface mining registration /inspection procedures.
20.80.950 Mobile home and recreational vehicle park standards.
Chapter 20.80 — STORMWATER
20.80.630 Stormwater and drainage.
(1) All development activity within Whatcom County shall be subject to the stormwater
management provisions of the Whatoom County Development Standards unless specifically
exempted.
(2) No prejesf permit shall be issued prior to meeting the stormwater submittal
Peyelopment StandaMs. Advisory Note: Certain stormwater discharges to natural receiving
waters are subject to State Water Quality Standards and the requirements of the National
Pollution Pollutant Discharge Elimination System (NPDES), hydrau8ss Hydraulic Project
Approval (HPA) may also be required if stormwater is discharged is to a water body or stream
that provides, or could provide, habitat for fish.
20.80.631 Exemptions.
(1) Agricultural activities as defined in this ordinance, and forest practices regulated
under Title 222 WAC, except for Class IV, General Forest Practices, are exempt from the
provisions of these regulations.
(2) Development undertaken by the Washington State Department of Transportation in
August 20, 2002 EXHIBIT A
state highway right -of -way when regulated by Chapter 173 -270 WAC, the Puget Sound
Highway Runoff Program.
20.80.632 Small development requirements OFA94AR and gpdimpintatien e811111FOIS.
04 The following activities are considered small developments:
feet of impervious surface area.
New small development activiliesy shall not be red to meet the peffAaReilt
.qtArm ... MPF . " , I . itFols that apply to large deyelepment eat vity out! ned in
WGC 20.80,633, but shall be required to employ Best Management Practices fBMPs), to control
erosion and sediment during construction, to permanently stabilize soil exposed during
construction, to protect adjacent properties and water bodies from stormwater effects caused by
the small parse{ development, and shall be subject to any other requirements specified under
Chapter 2 of the Whatcom County Development Standards, or as specified for special districts
identified in WCC 20.80.63_54(-24:
r���rn- .wress*rnc�rcair..�
An engineered preliminary stormwater proposal design repel must be submitted to the County
Engineer unless otherwise exempted under section 20.80.632
10
Standards, Chapter 2.
Where the Comprehensive Plan
ident
that higheF
(1)
pel
eies
a speGife area requires
10
August 20, 2002 EXHIBIT A
20.80.6345 Conformance required.
All development shall conform to the following requirements:
(1) General.
(a) Stonnwater discharges must be controlled and treated to provide all known
available and- reaseaa4le methods of prevention, control, and treatment, as required by law.
all nmee WhGFe eanneetion to public sever and •°iwi aFe Fe°
title, wheFe appropriate as deteFFRined consisteFit w th best maRagement pFactices, eR site
othem se.
(b o) Best Management Practices (BMPs) shall be used to comply with the
regulations in this chapter. If in th^^^ '^^'^^^^^ %YlIffe appropriate BMPs are not referenced in
the Whatcom County Development Standards, experimental BMPs may should be considered.
r3EPBF mental B11,412s shall be eA89UFaged as a means of solving pFeblems in a manReF RB
However,
€experimental BMPs must be approved by the county technical administrator prior to
implementation.
(c d) Development shall minimize impervious surface areas while maintaining
With M -'-G0.° project function and viability. Protection of ground water and aquifer
recharge are important objectives which shall be incorporated in surface water management
facilities consistent with established BMPs.
(d e) Stormwater systems shall not be constructed in such a manner that they
materially degrade natural systems such as streams and their banks, wetlands, ponds or lakes.
(e f) Natural drainage patterns shall be maintained and discharges from the site
shall occur at the natural location, unless it can be shown that relocation will have no significant
adverse impact to either built or natural systems as a result of the relocation.
If g) The design of stormwater systems shall be an integral part of the overall
development design and, in addition to the primary storage and conveyance function, should
incorporate multiple use provisions to enhance the project; such as the following:
(i) Recreation;
(ii) Public safety;
(iii) Economical maintenance;
(iv) Aesthetic integration into the landscape and project design;
(v) Wildlife habitat;
(vi) Education;
(vii) Open space.
(2) Erosion and sediment control plan. All proposed oroiects that will clear, grade or
Development Standards, Chapter 2 - Stormwater Management.
(3 2) Runoff Control. _
I
August 20, 2002 EXHIBIT A
(a) Proposed large development projects, except as noted below, shall provide
runoff controls to limit the developed conditions' peak rates of runoff to the predevelopment
peak rates for the following storm events: on ____':____ with best management praGUGesE
(i) The one -year. 24 hour, storm event when stormwater is discharged to
a stream or to a drainage basin within 1,000 feet of a stream or when the project is located in a
stormwater special district;
(ii) The two -year, 24 hour, storm event;
(iii) The 10 -year. 24 hour, storm event;
(iv) The 25 -year. 24 hour, stone event;
(v) The 100 -year, 24 hour, storm event.
(b) Exceptions. Direct discharge to regional facility, salt water body, rivers or
lakes when demonstrated there is no significant adverse impact to the conveyance system and
the receiving waters.
(4 S) Conveyance. All engineered conveyance system elements for Proposed projects
shall be analyzed, designed and constructed to Prevent overtopping flooding erosion and
(b) Flow from 25 year GIaFFA GYBRIs when PFGpeFty damage is pFebable fFGM such
(a) Flew from events of periGdiGty Of less than 25 years when the integi:ity G
natural systems, such as the dominant stream disshaFOG, as PUt at risk by such events.
(� 4) Water Quality. Proposed large development oroiects shall provide water guality
treatment facilities to treat runoff from odlutioii q iera I 1 2 1.1nna �m nn"
to the suFfaee and gFOund water qua! ty leaving the site, ut lizing RMPs.
(6 5) Maintenance. All stormwater facilities shall be maintained in accordance with the
stormwater system maintenance requirements of the Whatcom County Development Standards,
Chanter 2 - Stormwater Management. Maintenance plans, responsibilities, and the method of
financing said maintenance shall be established by the applicant or property owner prior to final
approval of any development activity directly associated with the development proposal.
(a) Drayton Harbor watershed.
(b) Lake Whatcom watershed.
(c) Lake Samish Watershed.
(2) Requirements for these areas shall be contained in WCC 20.80.636 and in the
Whatcom County Development Standards. Chapter 2.
20.80.636 Stormwater special district requirements.
(1) In areas designated as stormwater special districts (per WCC 20.80.6354),
permanent on -site stormwater quality and quantity facilities shall be required on all new
°--• -- '-• -'-^^ '^R^ •h.... fi••- lots less than five acres in size for Proiects that meet
either of the following criteria:
(a) New construction or remodels that increase impervious surfaces by more
12
EXHIBIT A
...-
W-.. .
is
...
. 4 .• . .-
(2) T-hFesheld6.
TreatmentDetent an Requirements
of Relluting
500 2,499 Yes NeRe (4)
2,600 4,909 Yes Yes BMRs (4)
5,000 8F MSFe yes Yes EngineeFed (4) (6)
Chapter 20.80 - LAND CLEARING
20.80.730 Land clearing.
20.80.731 (4-) Purpose.
The purpose of this section is to avoid or minimize impacts of land clearing activity to adjacent
and downstream public or private property and to protect receiving water bodies. The
13
2002 EXHIBIT A
regulations contained in this section implement this goal by providing a reasonable standard for
clearing land in Whatoom County. It is also the purpose of this section to establish a county
review process for larger clearing projects to insure these regulations are met. It is also the
purpose of this section to provide procedures and review criteria for land clearing in connection
with conversion option harvest plans and implementing, exempting and removing development
moratoria.
20.80.732 (2) Applicability.
All land clearing including clearing of forest land, Class IV- General forest practices applications,
nonconversion forest practice applications with approved conversion option harvest plans
(COHPs), and associated development moratoria shall be subject to the provisions of the land
clearing this section unless specifically exempted in 20.80.733. No land clearing approval shall
be issued by the county prior to meeting the submittal requirements as set forth in the Whatcom
County Development Standards and only when in compliance with federal, state and local
regulations, including, but not limited to, the Critical Areas Ordinance, the Whatcom County
SEPA Ordinance, Washington State Forest Practices pursuant to WAC Title 222, and the
Shoreline Management Program. Administrative provisions and technical standards for
implementing these regulations shall be contained in the Whatcom County Development
Standards Chapter 3 —Land Clearing.
20.80.733 (S) Exemptions.
Any land clearing that meets the following criteria shall be exempt from the clearing
requirements of this chapter:
M The proposed activity does not involve the conversion of forest land, is outside critical
areas and associated buffers, and is exclusively related to agriculture as defined in this title, or
0 The proposed activity consists of nonoonversion forest practices, other than a Class
IV- General forest practices on platted land, and other than those with an approved COHP
regulated under Chapter 76.09 RCWLor
f3a) and The Proposed activity is surface mining regulated under Chapter 78.44 RCW_
shall be exempt fFeFA these Fegulat ons.
20.80.734 (4) General Geunty Review Thresholds.
The cc _t • shall FeElUke County review and approval shall be required prior to a land clearing
activity when any of the following land clearing thresholds have has been reached. If the land
clearing activity does not meet the threshold criteria, county review ef- ' ^a ^ ^^Kag 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.
of^•^.
(11) Five Thousand Square Foot Threshold on 30 Percent Slopes: The county shall
review all proposed land clearing activities when an accumulative area of 5,000 square feet or
greater of land clearing is proposed to take place on slopes greater than or equal to. 30 percent
in gradient.
(2 4) One Acre Threshold in Urban Residential Commercial and Rural Residential
Zoning Districts: The county shall review all proposed land clearing activities which are one acre
or greater when the activities are proposed to take place in urban residential commercial or
rural residential zoning districts and the slope is less than 30 percent in gradient.
(3 iii) Two Acre Threshold in Rural Zoning Districts: The county shall review all proposed
land clearing activities which are two acres or greater when the activities are proposed to take
14
August20,2002 EXHIBIT A
place in rural zoning districts and the slope is less than 30 percent in gradient.
20 80 735 Water Resource Special Management Areas Critical Areas and Critical Area
(1b) Within Water Resource Special Management Areas and Critical Area and Critical
Area Buffers Review Thresholds. County review and approval shall be required for land clearing
activities withiA WateF ....,.._.__ speeial management aFeas which exceed the following
(a i) Lake Whateem and Lake Samish Watffsheds County review and approval
shall be required for all land clearing activities associated with a fill and grading permit, building
permit or other development proposal. Land clearing activities which are not associated with a
development permit shall require county review if they are:
Q A) Five thousand square feet or greater; or
MATSIAN
15
EXHIBIT A
ii iii) Any activity that meets the definition of a conversion from a forest
use to another land use Pursuant to WCC 20.97.085.
iii iv) Any activity within 209 300 feet of a critical areas regulated under
WCC Chanter 16.16, or a water body regulated under WCC Title 23. and assedated buffeFS.
time line.
iii. Existing vegetation may be used to meet all or Part of the landscaping
reauirements of this title.
16
August20,2002 EXHIBIT A
development activit
vii. Trees may be removed under the following circumstances:
(A) immediate trunk failure potential:
(B) fire prevention:
(C) health of tree where there are obvious signs of infestation,
incurable disease or stress that would likely lead to premature trunktroot failure:
(D) encroachments where the trunk, branches or roots would be.
following components:
• Identification of all areas that will be undisturbed;
• Identification of areas to be re- vegetated:
• The inclusion of vegetation that contributes to soil stabilization:
• A planting schedule that indicates the time frame for re- vegetation
20.80.736 (5) Permit Approval and Inspection Process.
If county review and approval is required to clear land, the county shall establish conditions for
approval through one of the following permits:
(1 a) Project Permit. When land clearing is proposed as a part of a development
proposal, the submittal requirements contained in the Whatcom County Development
Standards, including temporary and permanent erosion control measures, must be submitted by
the permit applicant and approved by the county as part of a project permit application prior to
any clearing activity. Under this condition, a separate dearing permit shall not be required.
(2 b) Building Permit. Erosion control inspections shall be required as a condition of the
building permit at the time of footing and inspection sign off. If the site is subject to WCC
20.80.735, the provisions of subsection 20.80.735(2)(b) shall apply.
Q e) Clearing Permit. A clearing permit shall be required when land clearing is the only
activity taking place and when no other project permit is required by the county for the proposal.
Under this condition, submittal requirements contained in the Whatcom County Development
Standards, Chapter 3. must be submitted with the clearing permit application. Clearing activities
which qualify as conversions require additional review pursuant to subsections (41(al (6)(d)(i)
through fc) (iii) of this section.
(4 d) Forest Conversion Land Clearing Permit.
(a i) A forest conversion land clearing permit is required by Whatcom County
when a conversion as defined by WCC 20.97.085 is desired. This permit in no way exempts the
applicant from any DNR permit requirements.
(b ii) All applications shall comply with the requirements of Whatcom County
Development Standards Chapter 3 — Land Clearing, Section 304 — Review and Approval
Requirements (E)(1) through (3), Submittal Requirements, and DNR Forest Practice Rules.
(c iii) A signed memorandum of agreement shall be submitted by the landowner
17
August20,2002 EXHIBIT A
which shall state if development activity is planned to take place within 36 months of the dale of
application. The information contained in the application will provide the administrator with
additional basis for conditioning the land clearing activity or determining if harvesting of the site
would be more appropriate after preliminary or final development approval.
(ji A) If the applicant declares that no development activity is anticipated
within 36 months of the date of application, in addition to all other conditions as included in
Whatcom County Development Standards, Chapter 3 - Land Clearing, Section 304 - Review
and Approval Requirements (E)(1) through (3), and DNR Forest Practice Rules, the following
conditions will apply:
(At 4- Replanting according to Chapter 222 -34 WAC or
stabilization of the site is required within the first growing season;
(BB) 2- No site grubbing will be allowed other than minimal grubbing
to accommodate any temporary roads or landings required for the timber harvest;
(C) 3 No development permits will be issued eiheF •h c,orth9se f -�- s
-gle f-T "•• FesideRse for a period of 18 months from the date of the clearing
20.80.737 (&) Land Clearing Requirements.
(1 a) Site Containment. Significant amounts of erosion, sediment, and other impacts
resulting from any land clearing activity shall be contained on the site and may require
temporary erosion /sedimentation control measures, before, during, and immediately following
clearing. All clearing activity requiring an approval must comply with the requirements of this
chapter and those of the Whatcom County Development Standards, Chapter 3.
(2 b) Hazards. Land clearing shall not result in off -site physical damage nor pose a
danger or hazard to life, eF property or the environment on- or off -site.
(3 e) Site - Specific Requirements. Additional site - specific requirements may be
established after a site visit by the county. These requirements shall be based on specific site
conditions and are limited to timing limitations, additional temporary erosion and sedimentation
control, and /or the mitigation of hazardous or potentially hazardous conditions that pose a
physical or environmental threat on- or off -site.
(4 d) Slash Removal in Urban Zoning Districts. In urban zoning districts slash shall be
either removed from the site, chipped and spread across the site within one year of proiect
completion,
or burned in compliance with the requirements of the Northwest Air Pollution Authority shipped
(5 e) Maintaining Established Buffers. Buffers as identified in the clearing permit,
subsections 20.80.736(2), 20.80.736(3) or section 20.80.739 (5)(b), (6)(G) erg of this chapter
sestina, shall be left undisturbed unless express permission for land clearing or tree removal is
provided by the county and DNR where an application is required by DNR. When approved by
the County and /or DNR. Ttree removal from buffers should be kept to a minimum. Unauthorized
tree removal from established buffers will result in an assessed penalty at a rate of twice the
value of the merchantable timber. 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.
20.80.738 (7) Development Moratoria - Implementation, Removal, and Exceptions.
(1 a) Development Moratorium. The purpose of this section is to provide the criteria for
imposing a development moratorium. It also provides standards for the hearing examiner to
E3
EXHIBIT A
remove a six year development moratorium, and for the director of the planning and
development services department to authorize the construction of one single family dwelling unit
on a site that is subject to a six -year development moratorium.
(a I) Actions That Result in a Development Moratorium. The following actions
shall result in a six -year development moratorium being imposed by the director of the planning
and development services department or his /her designee:
(i A) Conversion of any land covered by a DNR forest practices
application or notification where a conversion is not declared;
(ii 8) Any property that has been harvested under a DNR forest practice
application or notification without an associated COHP approval;
(iii 6) Timber harvesting on a parcel or parcels without a forest practices
application or notification;
iv 8) The violation of a COHP or a county forest conversion land clearing
permit where the following situations exist:
(A) 4-. The violation results in moderate on- or off -site
impacts that require mitigation, but are not reasonably addressed by the violator within the time
allotted by the technical administrator; or
(B) 2- The violation results in severe on- or off -site impacts
of such magnitude or type that the technical administrator determines that professional
assistance is necessary to mitigate the impacts.
(b ii) Consequences of a Development Moratorium.
(i A) Whatcom County shall suspend review of any application for
development of land which is, or becomes, subject to a six -year development moratorium. The
suspension of application review does not constitute a stay of performance timelines as
included in any ordinances or permit conditions associated with the site that is subject to a six
year moratorium.
(ii B) Whatcom County shall not accept applications for any development
of land which is subject to a six -year moratorium.
(iii 6) A development moratorium imposed by Whatcom County shall
extend to the harvest area including the roads indicated in the forest conversion or forest
practices application or COHP. If no forest practices permit or COHP was issued, the
moratorium shall apply to the entire parcel.
(i_v 6) Prior to any development permit application, the property owner
shall be required to submit a forest conversion land clearing permit application on land that was
cleared without a forest practices application or notification, without an approved COHP, or in
violation of a DNR issued forest practices permit.
(v 6) Whatcom County shall notify the appropriate state agency if the
county becomes aware of forest practices that have been initiated on a parcel without an
approved forest practices application or notification.
(c iii) Effective Date of Moratorium.
Q A) The six -year development moratorium shall be imposed from the
effective date of the applicable forest practices application; or
(ii B) If forest practices occur on a site without the appropriate permit, a
six -year development moratorium shall be imposed from the date the unpermitted forest
practices were documented by Whatcom County or the DNR; or
iii 6) If a condition of a COHP approval is substantively violated in the
opinion of the technical administrator a six -year development moratorium shall be imposed from
the date the violation was documented by the county.
(2 b) Request for Removal of Development Moratorium. A development moratorium may
be considered for removal by the hearing examiner when all of the following requirements are
met:
19
August 20, 2002 EXHIBIT A
(a i) Public Hearing Required.
Q A) The county shall set a date for public hearing before the examiner
pursuant to WCC 2.33.060 and 2.33.070 after all the requests for additional information or plan
corrections have been satisfied and the necessary components have been received as required
for a complete application.
20.92 WCC. (ii 13) The public hearing shall follow the procedures set forth in Chapter
(b ii) Review Criteria. The examiner shall consider the removal of a development
moratorium when the following criteria are met:
Q A) The forest practices conducted on the site comply with requirements
of Chapter 222 -24 WAC, Road Construction and Maintenance, Chapter 222 -30 WAC, Timber
Harvesting, and any applicable county codes or regulations. When more than one rule,
regulation, or code can be applied to a harvest, then the more stringent requirements shall be
adhered to.
ii R) Any required mitigation plan has been completed or the performance
thereof has been adequately bonded.
(iii 6) Any bonding required as part of a mitigation requirement has been
established to county satisfaction.
(iv f9) The site, when required by subsection 20.80.736(4)(c)(i)(A)
("(^`( )(3) or subsection 20.80.739 (8) of this chapter seetien, shall have been reforested in
accordance with the requirements set forth in Chapter 222 -34 WAC.
(v_ E) Payment of all other fees, penalties, liens, or taxes owed to the
county which have been assigned to the subject parcel including reimbursement of any county
expenses incurred relating to enforcement and /or preparation for the waiver hearing.
(vi F) All permit conditions have been addressed.
(vii 6) Neither the applicant nor any person who acted in privity with the
applicant:
IA) 4 Intended to circumvent any requirement of this section or the
Forest Practice Act or regulations by taking the actions for which the moratorium was imposed;
or
LB) 2- Has engaged in a pattern or practice of violations of any
applicable regulations.
(c ei) Approval.
(i A) The hearing examiner shall review all requests for the removal of a
development moratorium, any comments received, and applicable county regulations or policies
and may inspect the property prior to rendering a decision.
ii S) The hearing examiner may approve an application for a request to
remove a development moratorium, approve the application with conditions, require
modifications of the proposal to comply with specified requirements of local conditions, or deny
the application if it fails to comply with requirements of this section.
(d iv) Required Written Findings and Determinations. Removal of a development
moratorium may be approved by the examiner K the following findings can be made regarding
the proposal and are supported by the record:
Q A) The removal of the six -year development moratorium will not be
detrimental to the public health, safety, and general welfare.
ii B) The removal of the six -year development moratorium will not be
injurious to the property or improvements adjacent to and in the vicinity of the proposal.
iii 6) The removal of the six -year development moratorium will not result
in significant adverse environmental impacts.
(i_v D) The removal of the six -year development moratorium is consistent
with the review criteria established in subsections (2)(b)(i) (7)(b)(ii)(A) through vii (G) of this
20
August20,2002 EXHIBIT A
section.
L 6) The removal of the six -year development moratorium is consistent
and compatible with the goals, objectives, and policies of the Comprehensive Plan, appropriate
community plans or sub -area Plans load, and the provisions of this section.
(3 c) Request for Single - Family Dwelling Exception. The director of the planning and
development services department may administratively grant an exception to the mandatory six -
year development moratorium to allow the construction of one single - family dwelling unit and
associated accessory structures pursuant to the following standards:
(a i) General Requirements.
Q A) The area that is permitted to be developed pursuant to this
administrative exception shall not exceed one acre in size unless site and /or well and septic
constraints require a larger area, in which case the area developed is not to exceed two acres.
Access roads shall not be included in the total area permitted to be developed.
(ii R) A right- to-forestry disclosure statement as provided for in WCC
14.04.030(8) will be signed by the owner and subsequent purchasers, and recorded as per
WCC 14.04.030 (A)(1). This disclosure statement is not required in urban growth areas (UGAs)
unless the forest practice occurs on a parcel adjacent to lands designated as forest lands of
long -term commercial significance under Chapter 36.70A RCW.
(iii C) Upon approval of a single family dwelling unit exception, a
memorandum of agreement (MOA) shall be recorded with the Whatcom County auditor by the
landowner which includes a site plan depicting the area of the parcel to be dedicated for the
single - family dwelling, yard area, permitted accessory structures, and access road. The MOA
shall identify the action to be taken by the landowner to correct any violations of county
ordinances or regulations.
(i_v D) The development moratorium shall remain in effect for the remainder
of the site.
(b ii) Review Criteria. One single - family dwelling, permitted accessory structures,
lawns and landscaped area, and access road may be constructed together with site
development activities necessary to construct the dwelling on land subject to a development
moratorium; provided, that:
(i A) The construction of the single - family dwelling, lawn and landscaping
area, accessory structures, and access road are in compliance with all applicable county
regulations;
ii B) The landowner corrects any violations of critical area and resource
land requirements if any have occurred on the parcel; -
iii C) Reforestation of the site has occurred, if required, pursuant to
Chapter 222 -34 WAC.
(c iii) Required Written Findings and Determinations. A single - family dwelling unit
exception may be approved by the director on a site that is subject to a six -year development
moratorium only if all of the following findings can be made regarding the proposal and are
supported by the record:
Q A) The single - family exception to the six -year development moratorium
will not be detrimental to the public health, safely, and general welfare.
(ii 8) The single - family exception to the six -year development moratorium
will not be injurious to the property or improvements adjacent to and in the vicinity of the
proposal.
iii C) The single - family exception to the six -year development moratorium
will not result in significant adverse environmental impacts.
iv D) The granting of the single family exception to the six -year
development moratorium is consistent with the review criteria in subsection (31(b) (-7)(e)(ii) of
this section.
21
August 20, 2002 EXHIBIT A
L E) The single - family exception to the six -year development moratorium
is consistent and compatible with the goals, objectives, and policies of the Comprehensive Plan,
appropriate community plan or sub -area plan, and the provisions of this section.
(d iv) Six -year moratoriums will be administratively removed by the director of the
planning and development services department or his /her designee when it is determined that
the moratorium has been attached to incorrect parcel numbers and where no activity on the
incorrect parcel would warrant a moratorium, or when forest practice applications or notifications
are withdrawn prior to any logging or clearing activities.
20.80.739 (&) Conversion Option Harvest Plan (COHP).
(1 a) A conversion option harvest plan shall conform to the submission requirements of
the Department of Natural Resources.
(2 b) A conversion option harvest plan must be reviewed and approved by the county
prior to submittal to the Department of Natural Resources in order for a moratorium waiver on
development to be granted by the county.
(3 e) A fee shall be established in accordance with the Whatcom County unified fee
schedule for the review of a conversion option harvest plan.
(4 d) The conversion option harvest plan shall remain in effect until a project permit has
been approved by the county.
20.80.740 (9) Posting Authorization.
Land clearing authorization must be posted by the permit applicant and clearly visible at the
access to the site.
20.80.741 (40) Assurance of Performance.
The county may require financial assurance for the proper performance and for the repair of site
conditions; including but not limited to temporary erosion and sedimentation control facilities,
vegetation restoration, and damage repair. See WCC 20.94.200 under Enforcement and
Penalties.
20.80.742 (44) Penalties.
Violation of these requirements is punishable pursuant to WCC 20.94.200.
20.80.743 (42 Review Fees.
Review fees will be assessed as established by the Whatcom County Unified Fee Schedule.
22
EXHIBIT A
Chapter 20.85 — PLANNED UNIT DEVELOPMENT (PUD)
20.85.020 Applicability.
This chapter is applicable in any zone district within an urban growth area and short term
planning area. The provisions of this chapter can be used for any residential, commercial and /or
industrial project on property two acres or greater in size; provided, however, that PUDs of any
located within the Lake Whatcom Watershed, and that residential PUDs are not permitted in the
Cherry Point Industrial Urban Growth Area or in the Custer Provisional Urban Growth Area. A
Planned unit development may be used on property less than two acres in size when the zoning
administrator finds one or more of the following conditions exists:...
Chapter 20.97 - DEFINITIONS
20.97.029 Best Management Practice (BMP)
"Best Manaaement Practice (BMP)" means the schedule of activities. Drohibitions of cractices
maintenance procedures and structural and /or managerial practices that when used singly or
in combination. prevent or reduce the release of pollutants and other adverse impacts to waters
of Washington State
20.97.053 Clearing.
23
FMW
Chapter 20.85 — PLANNED UNIT DEVELOPMENT (PUD)
20.85.020 Applicability.
This chapter is applicable in any zone district within an urban growth area and short term
planning area. The provisions of this chapter can be used for any residential, commercial and /or
industrial project on property two acres or greater in size; provided, however, that PUDs of any
located within the Lake Whatcom Watershed, and that residential PUDs are not permitted in the
Cherry Point Industrial Urban Growth Area or in the Custer Provisional Urban Growth Area. A
Planned unit development may be used on property less than two acres in size when the zoning
administrator finds one or more of the following conditions exists:...
Chapter 20.97 - DEFINITIONS
20.97.029 Best Management Practice (BMP)
"Best Manaaement Practice (BMP)" means the schedule of activities. Drohibitions of cractices
maintenance procedures and structural and /or managerial practices that when used singly or
in combination. prevent or reduce the release of pollutants and other adverse impacts to waters
of Washington State
20.97.053 Clearing.
23
August 20, 2002 EXHIBIT A
"Clearing" means destruction of vegetation by manual, mechanical, or chemical methods
resulting in exposed soils.
me tootonnt.
20.97.187 Impervious surface.
24