HomeMy WebLinkAboutord2003-049** PAGE #2 OF AGENDAZBILL - PLEASE
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WHATCOM COUNTY COUNCIL AGENDA BILL
Public Hearing
Dew Head
NO.
2002 -222
R
CLFARANCES Date Date Received in Council Office Agenda Drt Assigned To
Ong. Dept Planning &. Develop
11 - �/! 2
V V� LS
NOV 19 2002
WHATCOM COUNTY
COUNCIL
9/23/03
Planning 6 Dev.
Division Head:
10/7/03
Public Hearing
Dew Head
Pry "o`
Budget
xecutive.
.SUBJECT:
Ordinance amend Title 20.71, 20.80, 20.85 - WRPOD, Stormwater and Clearing, PUD
ATTACHMENTS
ordinance and reports
SUMMARYSTATEMENT:
Related County Contra( Requested Date:
The request is to amend the Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.72 - Water Resource Protection
Overlay District, Chapter 20.80 - Supplementary Requirer tems Stormwater section, Chapter 20.85 - Planned Unit
Developments, and Chapter 20.97 - Definitions to provide additional regulatory protection for sensitive watershed. The
Planning Commission recommended amendments are intended to provide permanent zoning regulations that will replace the
interim zoning text amendments adopted by County Council on June 18, 2002 by Ordinance 2002 -034.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
9/23/03 - Held in Committee - Public Hearing 10/7
10/7/03 - Amended and adopted 6 -1, Crawford opposed
Ord. #2003 -049 -
Related File Numbers.' Ordinance or Resolution Number (this item only):
CRD -j`F= -M9
** PAGE #1 **
WHATCOM COUNTY COUNCIL AGENDA BILL
NO.
Originator: Amy de Vera Pederson
(
11114 002
�� J/ I'�
O
11/26/02
Dlvislon Read: Sylvia Goodwin
x
) Yes
` I�
1/14/032
1/28/03
Dept. Head: Hall?. Hart, A.LGP.
'�
NOV 19 2002
2/11/03
2/25/03
Prosecutor. Karen Frahas
Purchasing/Budget
HArcvm GOON- !ti
3/11/03
3/25/03
rvQUN[:'r
4/8/03,
4/22/0'3
Executive: Prier Bremen
/t /y a
SUBJECT:
5/20/03
To amend the Official Whatcom County Zoning Ordinance, Title, 20, Chapter 2071 -
1 6/3/03
20.80- Supplementary Requirements (Stormwater
& Clearing sections), Chapter 20
8 6/17/03
7/8/03
- Definitions.
8/5103
ATTACHMENTS:
9/9/03
(I) Proposed Ordinance
--
(2) Agency Report with Attached Text
(3) Staff Report
SEPA review required?
(
x
) Yes
SEPA review completed?
(
x
) Yes
SUAIMARY
2002 -222B
Introduction
Planning and Development
Planning and Development
Planning and Development
Planning and Development
Planning and Development
Planning and Development
Planning and Development
Introritwtion of New Ordinance
Panne Hearing
Introduction of New Ordinance
Public Hearing
Introduction of New Ordinance
Planning and Development
Plannino add Development
P &D Comanittee/
NO Should Clerk schedule a hearing? ( ) Yes / x' ) NO
NO Requested Date:
/The Council must hold a hearing iirduy want to change the Planning
The request is to amend the Official Whatcom County Zoning Ordinance,
Title 20, Chapter 20.71 - Water Resource Protection Overlay District,
Chapter 20.80 - Supplementary Requirements Stormwater section, Chapter
20.85 - Planned Unit Developments, and Chapter 20.97 - Definitions to
provide additional regulatory protection for sensitive watersheds. The
Planning Commission recommended amendments are intended to provide
permanent zoning regulations that will replace the interim zoning text
amendments adopted by County Council on June 18, 2002 by Ordinance
#2002 -034.
COUNCIL ACTION TAKEN:
2002 - 222 8 11/2612002: Introduced
12/102002' Discussed in Planning and Development
Committee
111412003: Discussed in Planning and Devlopment Commise(
_ 11282003: Discussed in Planning and nevelnnmnnr ,
Committee
R 2111/03' Not discussed. Held in Planning and Development
Commit etc
225103. Held in Planning and Development committee
RLurra rue tvtn
3111/2003: Held in Planning and Development Committee
Indicate those who should receive a copy alter Council action
List specific names to the right.
Assessor
Executive
I Mamas I Hal H. Hart. A.LC.P. I
Prosecutor
ethic them)-
3/25/2003 New version to be intro'd 6/3/2003 Hearing, Amended //, new hearing
on 4/8, Public Hearing on 4/22 - 6 /17 /2003schIntroduced- placed0in
4/8/2003: Pulled from Introduction '�P &D for 7/8/03 Hrg to be scheduled.)atx date,
5/20/03: Introduced "7/8/2003: Held to 8/5 P &D Coomtittee
8/5/2003: Held in committee
x/9/2003: Held - Staff report not ready until
SPONSORED BY: Consent
PROPOSED BY: PUS
INTRODUCTION DATE: 6/17/03
ORDINANCE NO. 2003 -049
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER
20.71 - WATER RESOURCE PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 -
SUPPLEMENTARY REQUIREMENTS (STORMWATER AND DRAINAGE, AND LAND
CLEARING), CHAPTER 20.85 - PLANNED UNIT DEVELOPMENTS, AND CHAPTER 20.97 -
DEFINITIONS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR SENSITIVE
WATERSHEDS.
WHEREAS, the Whatcom County Council adopted Ordinance #2001 -066 imposing an
interim moratorium on the acceptance of new applications for subdivisions of land into parcels
smaller than five nominal acres within the Lake Whatcom watershed; and
WHEREAS, Ordinance #2001 -066 further requested that the Administration develop policies
related to single family and subdivision best management practices and standards to address
potential pollutant loading and stormwater management; and
WHEREAS, the Whatcom County Council considered and discussed structural and non-
structural options to address stormwater impacts from existing and future development at their
monthly Special Water Resources Work Sessions on January 22, February 19, March 19, April 16,
May 14 and June 11, 2002; and
WHEREAS, the Whatcom County Council adopted Ordinance #2002 -034, #2002 -075, and
#2003 -032 imposing interim zoning amendments to WCC Title 20, Chapters 20.71, 20.80, 20.85
and 20.97; and
WHEREAS, Interim Ordinance #2003 -032 will expire on December 1, 2003; and
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance
on October 21, 2002 and re- affirmed the Determination of Non- significance on June 23, 2003; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on October 12, 2002; and
WHEREAS, the Whatcom County Planning Commission held a public hearing on the
proposed amendments on October 24, 2002, and considered all testimony; and
WHEREAS, the Whatcom County Planning Commission held additional work sessions on
the proposed amendments on November 7, 2002 and November 14, 2002 and recommended
approval of the proposed amendments; and
10 -07 -03 Page 1
WHEREAS, the Whatcom County Council Planning and Development Committee held work
sessions on November 26, 2002; December 10, 2002; January 14, 2003; February 25, 2003; March
11, 2003; March 25, 2003; April 8, 2003; April 22, 2003; May 6, 2003; July 8, 2003; August 5, 2003
September 9, 2003; and October 7, 2003; and
WHEREAS, the Whatcom County Council held public hearings on June 3, 2003 and
October 7, 2003; and
WHEREAS, the Whatcom County Council finds the amendments to be in the best interest
of the public health, safety and welfare; and
WHEREAS, Whatcom County Charter Section 1.11 specifies that no regulation or ordinance
shall be generated without consideration of and provisions for compensation to those unduly
burdened; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS AND CONCLUSIONS
1. Lake Whatcom is the drinking water source for approximately half the residents of Whatcom
County.
2. The Whatcom County Comprehensive Plan establishes the Lake Whatcom watershed as
a Special Study Area.
3. The Washington State Department of Ecology (DOE) has listed portions of Lake Whatcom
as an "impaired water body" on the 303(d) list, under the Clean Water Act, of waterbodies
not attaining water quality criterion for dissolved oxygen.
4. It has been recommended by the State Department of Ecology that Lake Whatcom also be
placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -
1260 and mercury, and that Austin Creek, Park Place Drain, and Cable Street drainage be
placed on the 303(d) list as impaired for not attaining water quality criteria for bacteria.
5. Lake Samish provides drinking water for the majority of the residents surrounding Lake
Samish.
6. Lake Samish is subject to the 1995 Samish Bay Watershed Nonpoint Action Plan and Final
Closure Response Strategy which includes recommendations to adopt and enforce
development standards for the construction of single family residences to address
stormwater quantity and quality.
7. 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.
8. The 1995 Drayton Harbor Watershed Action Plan includes recommended source control
programs related to stormwater, including SW -32: Adopt development standards which will
require erosion control and stormwater detention /control /treatment on all sites, including
single family residences.
IM7 -03 Page 2
9. 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 designate Lake Whatcom, Lake Samish and Drayton Harbor watersheds as
Water Resource Special Management Areas and Stormwater Special Districts.
10. Whatcom County Comprehensive Plan Goal 11 G is to: Protect water resources and natural
drainage systems by controlling the quality and quantity of stormwater runoff.
11. Growth Management Act Planning Goal (10) Environment is to: Protect the environment and
enhance the state's high quality of life, including air and water quality, and the availability
of water.
12. Over 30 different scientific studies have documented that 10- percent or more impervious
cover within a watershed can result in significant impacts to stream, lake and wetland
quality.
13. Erosion, sedimentation, phosphorus and other pollutants associated with increased land
clearing and development are of concern for a number of reasons including their impacts
on water quality and beneficial uses such as fish, shellfish and drinking water.
14. Numerous scientific studies and reference documents indicate that 65- percent or more of
a site should be maintained in forested cover for purposes of maintaining natural hydrologic
processes and minimizing impacts of development on stormwater runoff.
15. Existing and potential sources of contamination associated with development within the
Lake Whatcom and Lake Samish watersheds could significantly impact the availability of
safe, adequate supplies of drinking water.
16. Additional standards for land clearing and stormwater treatment/detention are necessary
to reduce water quality impacts from new development and redevelopment in sensitive
watersheds.
17. The Whatcom County Council has considered and discussed alternative measures to
address stormwater runoff and pollutant loading associated with development and has
determined that amongst the available and effective protective measures the proposed
amendments are not only the most reasonably necessary means of achieving regulatory
protection for the watersheds, but they also constitute the least oppressive and
burdensome solution for affected landowners within the watersheds.
18. This ordinance does not result in any undue burdens for which compensation is
required.
10.07 -03 Page 3
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance be amended as shown in Exhibit A.
Section 2. In order to facilitate adequate staff training and public education, the implementation date
of subsection 20.80.735(2)(e) shall be January 1, 2004.
Section 3. This ordinance will be reviewed within two years of adoption.
Section 4. The Lake Whatcom, Drayton Harbor, and Lake Samish watersheds are defined as
shown in Exhibits B, C, and D respectively.
Section 5. Adjudication of invalidity of any of the sections, clauses, or provisions of the
Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof
other than the part so declared to be invalid.
ADOPTED this 7th day of October ,2003.
WHATCOM COUNTY COUNCIL
W COM COUNTY, SHINGTON
Dana rowin-Davis, D n McShane, Council Chair
Clerk of the Council
APPROV D as to form (- pproved ODenied
K ren Frakes, Civil Deputy Prosecutor Pete Kremen, Executive
Date: Zen&
10 -07-03 Page 4
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
`Whatcom County
Council
adopted
text amendments are identified by single underline and
singe stFikethrough
text.
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 "�' 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's jurisdiction. For purposes of this title, the Lake Samish watershed shall consist of that
portion of the Friday Creek sub -basin of the Samish River watershed that lies within Whatcom
County.
(2) This district may Geld be expanded to include other areas through the annual zoning
text amendment process.
(3) The Lake Whatcom and Lake Samish watersheds are has also been designated as
Stormwater Special Districts under the stormwater regulations contained in WCC 20.80.6354
and as Water Resource Special
Management Areas under the clearing regulations contained in WCC 2010.7350.
(4) If the provisions of this chapter conflict with the provisions of the Shoreline
Management Program, er the Critical Areas Ordinance, the Whatcom County Development
Standards, or the provisions of the underlying zoning district, then the most restrictive shall
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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
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. W th n q x wonths aftpp the AGPIJOR Of this Ghapter, 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. In addition, the
following uses shall only be conditionally permitted
.151 On -site storage facilities for hazardous wastes associated with outright permitted uses or
approved conditional uses, other than cottage industries as defined in WCC 20.71.2156, 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 minor
transfer facilities statieas 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. Minor Ttransfer facilities 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. W thin six ^nnthg the
adopt an of this�p 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
File #: ZON2002 -00004 Adopted October? 2003 EXHIBIT A
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:
(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, combustion engine autemetive repair garages and
automotive wrecking yards.
.203 Sod farming.
.204 Aquaculture and mariculture project
G9FRmeFG;a' fish peAds appFeved by the Department of Fish andAVAdfife-are-exempted.
.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.
File #: ZON2002 -00004 Adopted October 7 2003 EXHIBIT A
.214 Cemeteries.
.215 Cottage industries which would require on -site hazardous waste storage facilities.
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) PaFking aFeas, ddvPways, pat as and eutdGGF storage and lead Rg Areas that aFe
(2l (4) Open space areas shall be maintained in natural vegetation or landscaped per
W CC 20.80.325.
(4l (.5) For properties within the jurisdiction of the Shoreline Management Program (W CC
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, aad URM and RR zone districts, at least 50 80 percent of the lot
or parcel shall be kept free of structures and impervious surfaces- =Xcc,t for :^ the I IR xy.,e,
pewieus surfaces.
(2) rep uses in the RR zone distF Gt, at least 80 PRFGeRt of the paFGel shall be kept fFee of
R fast, , 60 PSFGeRt of tl�e let
(2Q (3) For uses in the R zone district, at least 90 percent of the lot or parcel shall be kept
free of structures and impervious surfaces.
(4) For lots or parcels where the applicable formulas in subsections (1} and (2),- and
(3) would not allow a 2500 3,000 square foot impervious surface area, 2 500 3;008 square feet
of impervious surface shall be allowed. Two or more lots of record consolidated pursuant to the
(5) A mobile home within an existing mobile home park in the Lake RaFnigh %AfAtsFshPd
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.
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
a.., ^ate MQ r
f6l M 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.
(7) Any portion of a roof overhang or other overhanging architectural feature which
eroiects further than 3 feet from the footprint of a structure shall be calculated as impervious
i OWN
20.71.350 Cluster subdivisions.
.. - .
dreds.
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
(1)
After a site is subdivided an
open space reserve tract shall be retained by
the
subdivider,
conveyed to the home owners'
association of the subdivision or conveyed to a
third
party.
20.71.400 Building setback/buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class 11
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 ,. through any of the following
methods are - utilized:
(1) A shared parking agreement has been filed with the County Auditor zeniag
adrninistratgr establishing a shared parking lot for land uses with non - competing hours of
operation, or for multi- tenant retail and commercial facilities; provided the parking lot is not
located further than 700 feet from any of the uses it is intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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 ofo, -- p to ' - pe,seat 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 Title ehapter.
20.71.60311se- ef- aAlternative surfacing methods.
-a.- -f ^Alternative surfaces including, but not limited to;
paving blocks, , bark or wood mulch, turf
block, pervious concrete porous asphalt, and other similar approved materials are is
encouraged Alternative surfacing methods may be approved for fringe or overflow parking
areas, emergency parking areas, private roads, fire lanes road shoulders bike paths
walkways patios driveways and easement service roads in residential or commercial zones
unless site constraints make use of such materials detrimental to water quality. Use Of pewieas
materials s encouraged f9F orvate FeAdq, fire lanes, read shoulders bike pat's, and driveways. However, utilization of alternative surfacing methods ia- commersiat -eF
pub! !-- ',as;;ty a.eas shall be subject to review and approval by the Whatcom County Public
Works Department, Fire Marshal and /or the County ADA Coordinator for compliance with other
applicable regulations and development standards. Surfaces that comply with this section shall
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. 119P of shared paF'dng fgglitia� and perfieus
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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.
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 rare.
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.
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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 sterrnwateccsairels.
20.80.634 Stormwater conformance.
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.
20.80.743 Review fees.
20.80.800 Livestock regulations.
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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 Whatcom County Development Standards unless specifically
exempted.
(2) No project permit shall be issued prior to meeting the stormwater subahittal
requirements of this chapter and Chapter 2 of the Whatcom County Development Standards
Development StaAdnrdq. 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), hydraulics 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 and non - conversion forest
practices with approved Conversion Option Harvest Plans ,
these - regulations.
(2) Development undertaken by the Washington State Department of Transportation in
state highway right -of -way when regulated by Chapter 173 -270 WAC, the Puget Sound
Highway Runoff Program.
20.80.632 Small development requirements eFGqlGR and SPClimentatlGn COntFels.
(4-) The following activities are considered small developments'
am
VON 0 'J NAN
•- . .
E40 0
identified in WCC r:r•.
(9) 'Rdiv dual detaGhed single family residences and duplexes.
(2) Small Parcel ReqUiFGRAeRtG.
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File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
20.80.633 Large development requirements stomnvaterGiantreU.
An engineered preliminary stormwater proposal design rope must be submitted to the County
Engineer unless otherwise exempted under section 20.80.632.
5,000 squaFe feet with impep,ieus . The county engineer may require such
modifications and improvements as deemed necessary to protect county drainage facilities,
neighboring preperiy properties and water quality from stormwater effects caused by the
development. No building permit shall be issued until a preliminary stormwater proposal. and. if
engineer.
(1) Where the GemprehPrisive Plan !dem
Palle as �i A
qPeG f e area !hat rpquiFes h ghe
20.80.6345 Stormwater 6conformance required.
All development shall conform to the following requirements:
(1) General.
(a) Stormwater discharges must be controlled and treated te- provide - all kaewn
, as required by law.
otherwise.
(b e) Best Management Practices (BMPs) shall be used to comply with the
regulations in this chapter. If IR these nCtangps wheFe appropriate BMPs are not referenced in
the Whatcom County Development Standards, experimental BMPs may should be considered.
However.
€experimental BMPs must be approved by the county technical administrator prior to
implementation.
(c d) Development shall minimize impervious surface areas while maintaining
project function and viability. Protection of ground water and aquifer
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
recharge are important objectives which shall be incorporated in required 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.
(f 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;
(it) Public safety;
(iii) Economical maintenance;
(iv) Aesthetic integration into the landscape and project design;
(v) Wildlife habitat;
(vi) Education;
(vii) Open space.
(3 2) Runoff Control
(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: i .
(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, storm event;
(v) The 100 -year, 24 hour, storm event.
(b) Exceptions. Direct discharge to a regional facility, salt marine water body,
rivers or lakes when demonstrated there is no significant adverse impact to the conveyance
system and the receiving waters.
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File #: ZON2002 -00004 Adopted October? 2003 EXHIBIT A
(5 4) Water Quality.
(6 5) Maintenance. All stormwater facilities shall be maintained in accordance with the
stormwater system maintenance requirements of the Whatcom County Development Standards,
Chapter 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.
20.80.635 Stormwater Special Districts.
(1) Whatcom County shall establish the following geographical areas as Stormwater
20.80.636 Stormwater Special District requirements.
(4) 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 aew
ie' , lots less than five acres in size for proiects that meet
either of the following criteria
"" (1) New construction or remodels that increase impervious surfaces by more
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 eurren
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 site -plan approval.
13
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
LY�L ➢_ _ _
" VAC /I
eR6sufaged:
Chapter 20.80 — LAND CLEARING
20.80.730 Land clearing.
20X0131 (44 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
regulations contained in this section implement this goal by providing a reasonable standard for
clearing land in Whatcom County. It is also the purpose of this section to establish a county
review process for larger clearing projects to ensure these regulations are met. It is also the
purpose of this section to provide procedures and review criteria for land clearing activity in
connection with Conversion Option Harvest Plans and implementing, exempting and removing
development moratoria.
20.80.732 (24 Applicability.
All land clearing activities including clearing of forest land, Class IV- General forest practices
applications, non- conversion 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 activi approval shall be issued by the county prior to meeting Me- uIhmittal
requirements as set forth in the Whatoom 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 (2) Exemptions.
Any land clearing activi that meets the following criteria shall be exempt from the clearing
requirements of this chapter
1. The proposed activity does not involve the conversion of forest land, is outside critical
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File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
areas and associated buffers, and is exclusively related to agriculture as defined in this titleLor
2. The proposed activity consists of non - conversion 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 RCW or
3. and The proposed activity is surface mining regulated under Chapter 78.44 RCW.,
20.80134 (4) General Ceunfy Review Thresholds.
The county shall require 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 ^r'� ^o,- ..,^d ccc::ny 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.
AFAR R_#PFA.
1. 0) 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 activi is proposed to take place on slopes gFeater 30 percent or
rg eater 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. R 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 place in rural zoning districts and the slope is less than 30 percent in qradient.
apeciai management Areas:
• Lake Whatcom watershed:
• Drayton Harbor watershed: and
• Lake Samish watershed.
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File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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:
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File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
• 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
(a) fire Prevention methods when supported by the County Fire
Marshal:
(a) be of the same or similar, native species as those trees
removed from the site:
(b) be Planted to re- establish tree clusters where they previously
IH
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
and /or potentially affected land uses
(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.
(viii) Issuance of a stop work order may also require the
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File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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
20.80136 (.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 taad clearing activity 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 clearing permit shall not be required. (b)
ao.ding- PeR;#t. Erosion control inspections shall be required as a condition of the building
permit at the time of footing aad inspection sign off. If the site is subiect to WCC 20.80 735. the
provisions of subsection 20 80 735(2)(a) shall apply.
(2 e) Clearing Permit. A clearing permit shall be required when a laad clearing activi
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File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
meets the established threshold(s) and 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 (3)(a) (5)(d)(i) through Lc] 04) of this section.
(3 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 ie) A signed memorandum of agreement shall be submitted by the landowner
which shall state if development activity is planned to take place within 36 months of the date of
application. The information contained in the application will provide the administrator with
additional basis for conditioning the kwW clearing activity or determining if harvesting of the site
would be more appropriate after preliminary or final development approval.
(i 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:
IA) 4-. Replanting according to Chapter 222 -34 WAC or
stabilization of the site to the ^^ nt's sat sfa^''^^ is required within the first growing season;
Ll;z No site grubbing will be allowed other than minimal grubbing
to accommodate any temporary roads or landings required for the timber harvest;
f CJ 3 No development permits will be issued other -than - those -fer
an e, fed 6 ^^ e fam ly residence for a period of 18 months from the date of the clearing
application other than those required for one single family residence Per lot of record.
20.806737 (&) Land Clearing Requirements.
(1 a) Site Containment. Significant amounts of erosion, sediment, and other impacts
resulting from any taad 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 activities shall not result in off -site physical damage nor
pose a danger or hazard to life or property on- or off -site.
(3 s) 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 project
completion,
or burned in compliance with the requirements of the Northwest Air Pollution Authority nihnnP+
(5 e) Maintaining Established Buffers. Buffers as identified in the clearing permit,
subsections 20.80.736(1). 20.80.736(2) or section 20.80.739 (5)(b),, (5)(G) er-(8) of this chapter
21
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
sesiien, shall be left undisturbed unless express permission for land clearing activi 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.
20.80138 (7) Development Moratoria — Implementation, Removal, and Exceptions.
(l 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
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:
Q A) Conversion of any land covered by a DNR forest practices
application or notification where a conversion is not declared;
(ii @) 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 9) The violation of a COHP or a county forest conversion land clearing
permit where the following situations exist:
IL � 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
(BM 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.
@ e) 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 @) 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.
('u 9) 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_ €) 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
22
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
approved forest practices application or notification.
(c W) Effective Date of Moratorium.
(i A) The six -year development moratorium shall be imposed from the
effective date of the applicable forest practices application; or
(ii @) 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 W hatcom 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:
(a i) Public Hearing Required.
(i 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.
ii @) The public hearing shall follow the procedures set forth in Chapter
20.92 WCC.
(b ii) Review Criteria. The examiner shall consider the removal of a development
moratorium when the following criteria are met:
(i 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 @) 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 B) The site, when required by subsection 20.80.736(3)(c)(i)(A)
(G)(G)' "'^)(! or subsection 20.80.739 (8) of this chapter ReGtien, shall have been reforested in
accordance with the requirements set forth in Chapter 222 -34 WAC.
(v €) Payment has been made 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.
(v_i F) All permit conditions have been addressed.
(vii 6) Neither the applicant nor any person who acted in privity with the
applicant:
(AA) � 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
(BM ;z Has engaged in a pattern or practice of violations of any
applicable regulations.
(c ) Approval.
Q 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 @) The hearing examiner may approve an application for a request to
remove a development moratorium, approve the application with conditions, require
23
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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 if the following findings can be made regarding
the proposal and are supported by the record:
(i A) The removal of the six -year development moratorium will not be
detrimental to the public health, safety, and general welfare.
(ii @) 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 G) The removal of the six -year development moratorium will not result
in significant adverse environmental impacts.
iv D) The removal of the six -year development moratorium is consistent
with the review criteria established in subsections (2)(b)(i) (7)( b)(i )�A) through fyQ (6) of this
section.
(v_ €) 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 land, 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 @) A right -to- forestry disclosure statement as provided for in WCC
14.04.030(6) 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 G) 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.
(iv D) The development moratorium shall remain in effect for the remainder
of the site.
(b e) 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 @) 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 4i) Required Written Findings and Determinations. A single - family dwelling unit
24
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
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:
(i A) The single - family exception to the six -year development moratorium
will not be detrimental to the public health, safety, and general welfare.
(ii @) 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(bl (7)(6)( ii) of
this section.
(v_ €) 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.
id 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 (9) 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.
20.80340 (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. During the defined wet season, a financial
assurance of performance shall be required. See WCC 20.94.200 under Enforcement and
Penalties.
20.80342 41-) Penalties.
Violation of these requirements is punishable pursuant to WCC 20.94.200.
20.80.743 (1-2-) Review Fees.
Review fees will be assessed as established by the Whatcom County Unified Fee Schedule.
25
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
Properties located within a Water Resource Protection Overlav District shall not be eliaible for a
dwelling unit density increase. Density increases shall be governed by the following factors, and
are to be treated as additive, and not compounded:...
20.85.109 Lot sizes, building spacing and height, improvement coverage, and yard
requirements.
...(3) Maximum Coverage: Building coverage and development coverage of individual
parcels may exceed the percentage permitted by the underlying zone; provided that the overall
coverage of the project as a whole does not exceed the percentage permitted by the underlying
zone or applicable overlay district....
Chapter 20.97 - DEFINITIONS
20.97.029 Best Management Practice (BMP)
"Best Manaqement Practice (BMP)" means the
schedule
of activities,
prohibitions
of practices
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
20.97.153 Footprint.
20.97.187 Impervious surface.
"Impervious surface" means a hard surface area which either prevents or retards the
M.
20.97.436.1 Tree canopy.
"Tree canopy" means the total area of the tree(s) where the leaves and outermost
branches extend, also known as the dripline.
27
File #: ZON2002 -00004 Adopted October 7, 2003 EXHIBIT A
20.97.436.2 Tree, hazard.
manner that failure may result in property damage or personal injury.
m
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Exhibit B
File No. ZON2002- 00004,
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Watershed
Exhibit C
File No. ZON2002 -00004
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File No. ZON2002 -00004
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EXHIBIT F
SEASONAL CLEARING SITE EVALUATION
FLOW CHART
Site Evaluation Criteria
Appeal Process;
per 20.80.735(2)(f)(1)(b) ' Available
YES
Winter Erosion & Sediment
Control Plan Required
per 20.80735(2)(f)(1)(b)(ii)
Revised 3/31/03
I�
DRAFT - SEASONAL CLEARING ACTIVITY EVALUATION WORKSHEET
The following point system will be used to evaluate winter land clearing activities in Water Resource Special
Management Areas. (October 1- April 30)
HYDROLOGIC SOIL GROUPS - (See Soil Survey of Whatcom County Area, Washington pp. 201 -202, for
further detail- detailed site specific soil mapping provided by a certified professional soil scientist may be
substituted for the USDA Soil Survey of Whatcom County mapping, if it can be shown to be more
accurate.) Hydrologic Soil groups are used to estimate runoff from precipitation. Exposed soils are assigned
to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly
wet and receive precipitation from long duration storms. They include:
Group A: High Infiltration Rate
POINTS
5 SCORE
Group B: Moderate Infiltration Rate
POINTS
10
Group C: Slow Infiltration Rate
POINTS
15
Group D: Very Slow Infiltration Rate
POINTS
20
SLOPE - Slopes are measured in % of gradient on the
steepest portion of the footprint of the area proposed
for Gearing, prior to land disturbance, as follows:
PROXIMITY TO WETLAND OR WATER BODY- Add
0% to 2% slope
POINTS
0 SCORE
3% to 8% slope
POINTS
5
9% to 14% slope
POINTS
10
15% to 34% slope
POINTS
20
Over 35% slope
POINTS
30
CLEARING ACTIVITY SIZE - The area that is being cleared.
500 to 4,999 square ft. POINTS 5 SCORE
5,000 square ft. to .99 acre POINTS 10
1 to 5 acres POINTS 30
Over 5 acres POINTS 50
TIME OF YEAR— Provides an indication of the probability of rainfall
October
POINTS
5
SCORE
April
POINTS
10
November
POINTS
20
December, January, February, March
POINTS
25
PROXIMITY TO WETLAND OR WATER BODY- Add
up to 50 points
if the land to be cleared is upstream
and within the following distances from a water body:
(20 foot wide
driveway across drainage ditch is 0
points)
Less than 10 feet from drainage ditch or
POINTS
20
SCORE
stone drain, other than a driveway crossing.
Less than 100 feet from a wetland or stream
POINTS
20
(subject to the Critical Area Ordinance)
Less than 200 feet from a lake or marine
shoreline
POINTS
20
If a proposed clearing activity falls into several categories, the category with the highest point value will be
utilized. If phased clearing is required, each phase proposed shall be evaluated. The next phase may
proceed when ground cover stabilization of disturbed areas has been completed in accordance with the
Whatcom County Development Standards.
SEASONAL CLEARING THRESHOLDS:
❑ ANY COMBINATION OF 40 POINTS OR LESS IS APPROVED, SUBJECT TO BEST
MANAGEMENT PRACTICES FOR EROSION AND SEDIMENT CONTROL.
❑ ANY COMBINATION WITH A TOTAL VALUE GREATER THAN 40 AND LESS THAN 75
REQUIRES ADDITIONAL REVIEW OF WINTER CLEARING PLAN AND INSTALLATION BY A
CERTIFIED INSTALLER.
❑ ANY COMBINATION WITH A TOTAL VALUE OF 75 OR GREATER IS DENIED AND MUST WAIT
UNTIL THE DRY SEASON (May i — September 30).
EXAMPLES
The following combinations would be approved, subject to BMPs:
Group A: High Infiltration Rate
POINTS
5
3% to 8% slope
POINTS
5
500 to 4,999 square ft.
POINTS
5
October
POINTS
5
Less than 10 feet from drainage ditch
POINTS
10
TOTAL
POINTS
30
Group B: Moderate Infiltration Rate
POINTS
10
9% to 14% slope
POINTS
10
500 to 4,999 square ft.
POINTS
5
April
POINTS
10
TOTAL
POINTS
35
The following combinations would require approval of winter clearing plan and certified installer
Group B: Moderate Infiltration Rate
POINTS
10
9% to 14% slope
POINTS
10
500 to 4,999 square ft.
POINTS
5
October
POINTS
5
Less than 10 feet from drainage ditch
POINTS
10
TOTAL
POINTS
40
Group C: slow Infiltration Rate
POINTS
15
15% to 34% slope
POINTS
20
5,000 sq. ft. to .99 acre
POINTS
10
April
POINTS
10
TOTAL
POINTS
55
Group B: Moderate Infiltration Rate
POINTS
10
3 to 8% slope
POINTS
5
500 to 4,999 square ft.
POINTS
5
December, January, February, March
POINTS
25
Less than 100 feet from wetland
POINTS
20
TOTAL
POINTS
65
The following combination would be denied, or an engineered plan is required:
Group C: slow Infiltration Rate
POINTS
15
15% to 34% slope
POINTS
20
5,000 sq. ft. to .99 acre
POINTS
10
November
POINTS
20
Less than 10 feet from drainage ditch
POINTS
10
TOTAL
POINTS
75
Group B: Moderate Infiltration Rate
POINTS
10
Over 35% slope
POINTS
30
500 to 4,999 sq. ft.
POINTS
5
December, January, February, March
POINTS
25
Less than 200 feet from lake
POINTS
20
TOTAL
POINTS
90