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HomeMy WebLinkAboutord2002-017WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -109 CLEARANCES Initial Date Date Received in Council Howe Agenda Date Assiinedm: Originator: Arrow Olason I Zlj O p pp D� I 12 0 V 2 v v LS FEB 0 5 2001 L WHATCOM COUNT) COUNCIL �2 _ Introduction P 6 D/ CO¢RCit Division Head: SJlvia Goodwin - 2/ 6/02 Dept. Head: Hal Hart la 3 I L el D & D 1 Prosecutor: Karen Frakes 1. a 2 , N Purrhash,giEOdgeb Exeeurne: PereKremen SUBJECT: An Ordinance to amend the Official nateom County Comprehensive Plan Utilities chapter, Title 20, and Title 1, ATTACHMENTS: Proposed Ordinance Proposed Comprehensive Plan and Text Amendments Planning Commission Recorded Motion Planning staff report SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x 1 NO Requested Date: SL11MARY STATEMENT: The request is to amend the o ff icial Whatcom County Comprehensive plan, (Utility Chapter and Glossary), Whateon County zoning ordinance (title 20), and Whatcom Comity land division regulations, (title 21). The request lrould add and clarify language relating to the regulation and operations of utilities particularly natural gas and hazardous liquid transmission pipelines to include siting criteria far transmission pipelines and other techniques to promote health, safety and public welfare. Distribution Request rndieate e oa who rh tuhl receive a cops nerConnca aarlon. List specific name, to the right. ADS Facilities management ADSrunanee ADS Human Resources ADS Oio Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2002-109 2/1212002: Introduced 2/2612002: Held in Planning and Development Committee 3/1212002: Hearing to be held on 3126 3/26/2002: Amended and adopted 6 -1, Brenner opposed Ord #2002 -017 held Related File Numbers: Ord.# 2000 -026, Ord #2000 -030, Ord #2000 -050, Ord #2001 -017, Ord. #2001 -050, Res. #2001 -057 Juvenile Forks Planning Did Hart Prosecutor Public Works Sheri Superior Court Treasurer other Ordinance or Result line Number (this item):�Qn ;14.V/�I����� RRD G&6 192 Planning DivisionAComp Plan AmendmentsVComp Plan 2001VCMP2001 -00012 (Transmission Pipelines) - AB -2.doc Sponsored by: PDS Proposed by: Planning and Development Services Introduction date: 2/12/02 ORDINANCE NO. 2002 -017 AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN, UTILITIES CHAPTER, WHATCOM COUNTY ZONING ORDINANCE (TITLE 20), AND WHATCOM COUNTY LAND DIVISION REGULATIONS (TITLE 21) TO ADD AND CLARIFY LANGUAGE RELATING TO THE REGULATION AND OPERATION OF UTILITIES PARTICULARLY NATURAL GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES AND TO INCLUDE SITING CRITERIA FOR TRANSMISSION PIPELINES AND OTHER TECHNIQUES TO PROMOTE HEALTH, SAFETY AND PUBLIC WELFARE. WHEREAS, There were proposals for two transmission pipelines projects to be constructed in Whatcom County; and WHEREAS, Whatcom County Council made findings of fact that Whatcom County Code provided no siting guidance with which to condition the placement of transmission pipelines of petroleum, petroleum products, and natural gas; and WHEREAS, Whatcom County Council adopted an emergency moratorium (Ordinance #2000 -026) on May, 2000 on the filing and processing conditional use permit applications for regional transmission pipelines of petroleum, petroleum products, and natural gas for all new applications received after the effective date of that moratorium. There have been four 180 -day extensions to the moratorium beyond the term of the original moratorium (Ord. #2000 -030, Ord. #2000 -050, Ord. #2001 -017, and Ord. #2001 - 050); and WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year with certain exceptions, including emergencies; and WHEREAS, the provisions of WCC 20.10.010 and .070 indicate that emergency Comprehensive Plan amendments may be initiated for processing outside of the yearly cycle, upon approval of a resolution by a two - thirds majority of the County Council. An emergency includes when expeditious action is necessary to preserve public health, safety or welfare or support the social, economic or environmental well being of the County; and WHEREAS, the Council approved by a two- thirds majority to initiate an emergency amendment to the Comprehensive Plan relating to transmission pipelines (Resolution #2001 - 00057); and WHEREAS, Whatcom County Council established the Utilities Planning and Advisory Committee to provide assistance in matters pertaining to utilities (Ordinance #2000 -027). The Utilities Planning and Advisory Committee has developed proposed comprehensive plan amendments that address regional transmission pipeline siting; and C:ADocuments and SettingsAAdministratorALocal SettingsATempACMP2001 -00012 (Transmission Pipeline) - Ord - Council.doc Page 1 of 3 WHEREAS, the SEPA Administrator for Whatcom County issued a Determination of Non - significance on November 19, 2001; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on November 29, 2001 and December 21, 2001. WHEREAS, the Planning Commission held a public hearing on the proposed amendments on January 10, 2002, and considered all testimony; and WHEREAS, the Planning Commission has recommended approval of the proposed Comprehensive Plan amendments with modifications, and recommended approval of the proposed Title 20 and Title 21 amendments; and WHEREAS, the proposed comprehensive plan amendments provide siting guidance on transmission pipelines and include additional criteria to regulate these facilities; and WHEREAS, the Planning and Development Committee held a work sessions on February 26, 2002 and March 12, 2002 and the Council held a work session on March 26, 2002 to consider this matter; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions. FINDINGS The proposal is consistent with: Goal 5A: "Specify a clear process for determining appropriate locations for future needed utility facilities including electric power facilities greater than 55kV." Policy 5A -1: "Use the existing conditional use and environmental review processes to determine suitable locations for any new utility facilities above the distribution level during the planning period." Policy 5A -5: "Discourage siting utility facilities in known natural hazard areas unless public benefit outweighs the risk." Goal 5H: "Facilitate maintenance and rehabilitation of existing utility systems and facilities and encourage use of existing transmission /distribution corridors." Planning Goal 10 RCW 36.70A.020 (10) Environment "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." County -wide Planning Policies, Siting of Public Facilities. 5. "Sharing of corridors for major utilities, trails and other transportation rights -of- way is encouraged when not in conflict with goals to protect wildlife, public health and safety." County -wide Planning Policies, Water Quality and Quantity. 3. "All jurisdictions shall cooperate to protect water quality and quantity within watersheds and marine water bodies which cross jurisdictional boundaries" C:\Documents and Settings\Administrator\Local Settings \Temp \CMP2001 -00012 (Transmission Pipeline) - Ord - Council.doc Page 2 of 3 2. The proposed Comprehensive Plan and Text amendments would provide and clarify County Policy on siting criteria and additional regulations for transmission pipelines. 3. The proposed amendments would eliminate the need for continuing the County moratorium on accepting applications for transmission pipelines. 4. The proposed amendments would protect public health and safety by providing clear preferences where transmission pipelines are appropriate. 5. The proposed amendments would provide enhanced information regarding transmission pipelines. CONCLUSIONS 1. The modified text, attached as Exhibit 1 is in the public interest and is consistent with the Growth Management Act. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan and the Official Whatcom County Zoning and Land Division texts are hereby amended as shown in Exhibit 1. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 25 day of March , 2002. ATTEST W N N Dana Clerk of the Council Clerk of the Council Davis, - Davis, Brown APPROVED AS TO FORM: d nTf vil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, Warff Nelson, oun ' Chair ( pproved () Denied ete Kremen, Executive Date: Z )� 0 C:\Documents and Settings Wdmmismaor\Local Settings \Temp \CMP2001 -00012 (Transmission Pipeline) - Ord - Council.doc Page 3 of 3 Revised January 10 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Chapter Five UTILITIES INTRODUCTION Utilities, as defined here and for purposes of the plan, include all lines and facilities used to distribute, collect, transmit, orcontrol electric power, natural gas, petroleum products, information (telecommunications), water, and sewage. Most Whatcom County utilities are operated by special - purpose districts and private companies, or are extended by cities. The county's responsibility for utilities provided by other agencies ranges from regulating their use of land to managing their activities in public rights -of -way. Electric power, natural gas, petroleum, and some other utilities treated herein are inherently regional and are regulated directly and indirectly at several levels, including the Washington Utilities and Transportation Commission (WUTC) and the Federal Energy Regulatory Commission (FERC). Changing regulations at every level affect the way utilities will be managed through the planning period. Changes in the marketplace, in new and varying electric power needs, and in the flow of power among different purveyors will, in all probability, affect the way electric power and perhaps other utilities are marketed, transmitted, and used. Purpose This section contains policies to guide Whatcom County in reviewing private utility development proposals, and in reviewing and regulating utility services and facilities provided by other public agencies and the private sector. This section also provides a general framework for utility- specific comprehensive plans including those prepared by entities other than Whatcom County. The cities, Public Utility District No. 1 (Whatcom County PUD) and other special - purpose districts are encouraged to use the Whatcom County Comprehensive Plan in preparing their own plans and capital improvement programs. It is the intent of this plan to support electric power, natural gas, petroleum, telecommunications, and other providers in fulfilling their "public service obligations" required by state law to provide service on demand to existing and future customers. It is also the intent of this plan to minimize any negative effects resulting from the provision of that service on the residents, infrastructure, or the environment of the county. Process In March 1991, a Utilities Planning and Advisory Committee (UPAC) was formed in response to the requirements of GMA. The committee was comprised of representatives from electric power purveyors, Cascade Natural Gas, telecommunications purveyors, Whatcom PUD, Whatcom County Planning Division, City of Bellingham Planning, and citizen groups. A list of UPAC members and their represented groups is located at the beginning of this plan. Whatcom County Comprehensive Plan 5 -1 Chapter Five - Utilities May 20, 1997 He Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Unlike most other GMA committees, members were not appointed by the County Executive. The committee is comprised of a mix of utility- industry professionals and private citizens that who have conscientiously attended meetings whenever called. The first meeting of the UPAC was in April 1991. For several months, meetings were oriented toward education of members in the technology and jargon of the various utility industries. The committee met monthly for approximately one and one -half years, then directed county staff to prepare a draft utility chapter for the GMA comprehensive plan. Since then, the UPAC members have met when called together for review of subsequent drafts of the chapter, and have been consulted individually on industry- specific issues and questions. Regulations imposed at the state and federal levels and their impact on local jurisdictions' ability to plan were, perhaps, the most difficult issues the committee had to deal with. The coordination requirements of the GMA were complied with in the process of producing this chapter. Many of the main purveyors of utilities as defined in this chapter contributed to the process by providing factual information and sample plans and by participation in the process itself. Documents submitted by Cascade Natural Gas, Puget Sound Energy, and US West Communications as models for this chapter were used in preparing this document; these and other references consulted are listed in the bibliographyfor this chapter. The Draft GMA Electrical Facilities Plan, Puget Sound Power & Light Company Inc., September 24, 1992, and the Natural Gas and Hazardous Liquid Pipeline Background Report October 2001, were was particularly useful. GMA Goals, County -Wide Planning Policies, and Visioning Community Value Statements The goals, policies, and action plans in this chapter contribute to achievement of several of the GMA planning goals, including those considering urban growth, reduction of sprawl, open space and recreation, and public facilities and services. The chapter has been written to satisfy those goals while also meeting the intent and requirements of the County -Wide Planning Policies (CWPP) and general guidelines of Visioning Community Value Statements. Although CWPPs do not address all utilities as defined in this chapter as a separate category, various types of utilities are addressed within a number of sections. Specifically, the policies require sharing of corridors for utilities, trails and other transportation rights -of -way. The CWPPs also call for cities to develop plans, in cooperation with existing water purveyors and other municipal corporations providing water or sewer services, affording urban -level water and sewer services within their urban growth areas (UGAs). The interlocal agreements specified in the policies must address reasonable criteria for annexation and ensure adequate services including water and sewer utilities. Within Urban Growth Areas this will comply with what has been adopted. The CWPPs specify that cities will not extend water and sewer utilities without an adopted program for annexation and an adopted Capital Facilities Plan. Exceptions may be made in cases where human health is threatened. Although at the writing of this document, the Coordinated Water System Plan has not yet been adopted by the State, the CWPPs require that if water extensions are made, they must be consistent with the service area boundaries and other provisions of the Coordinated Water System Plan. Outside of Urban Growth Areas, cities and other public and private utilities may extend water only at rural levels of service. If rural levels of service are extended, availability of pipeline capacity to meet local supply needs shall not be used to justify development counter to county -wide land development patterns and shall not be Whatcom County Comprehensive Plan 5 -2 Revised January 10, 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 considered in conversions of agriculture land, forestry, or rural lands. These and other water quantity and quality issues covered in the CWPPs are addressed directly and supported in the goals, policies, and action plans of this chapter. The Growth Management Act, in conjunction with CWPPs, as presently adopted, clearly identify the County in a decision - making role when it comes to utility provisions. This is implemented through the County's powerto set urban growth boundaries granted by the Growth Management Act and can be specified through the Interlocal Agreements assigned in the CWPPs. It should be noted that the CWPPs are locally adopted and could be subject to change in the future. Visioning Community Value Statements do not directly or indirectly address or identify the importance of utilities of any kind. Growth Management Goals and County -Wide Planning Policies will be served by adoption of this chapter and implementation of its goals, policies, and action plans. GMA Requirements The Growth Management Act mandates that counties required to plan under the act adopt comprehensive plans including "a utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines." The utilities element will include maps illustrating existing and planned facilities and define goals and policies concerning those facilities and future proposed locations for utility facilities and corridors. See Map 11, which shows existing and planned electrical facilities; Map 12, natural gas facilities; and Map 13, communications facilities. In addition, seethe tables and charts in the Utilities Background Document which is a reference document for this chapter. Maps showing locations of pipelines and service areas of water purveyors and locations of existing sewer system areas are adopted as they presently exist or are modified. This plan does not address all the issues regarding energy or energy policy. As required by GMA, this plan addresses only those issues that are considered utility issues of Whatcom County. Therefore, this document does not treat oil, coal, automotive - oriented, or other non - utility energy issues except with regard to transmission corridors. Whatcom County is not a municipal purveyor of electric power or water. While this chapter of the comprehensive plan does thoroughly address provision of electric power and other utilities by private purveyors, the chapter does not address water supply other than as might be provided by PU D No. 1 or through other various water districts, associations, or private wells with one or more connections. Water supply and coordination affected by these organizations or parties is largely addressed in the Whatcom County Coordinated Water System Plan (CWSP). BACKGROUND SUMMARY It is important to understand that, partially because of their regional nature, some utilities issues become very technical and difficult to plan for at a local level. The Utilities Background Document contains detailed information regarding the relationships of various utilities and their multiple levels of controlling agencies. Whatcom County Comprehensive Plan 5 -3 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 One of the major issues confronting Whatcom County in relation to utilities is the supply of electric power (capacity) versus future demand (load). In recent history there has been an excess of electric power; population growth, shifting hydropower issues, water rights, in- stream flow, fish habitat, clean air requirements, and other environmental concerns are changing that. Availability of natural gas, petroleum, and telecommunications will likely not be a problem within the 20 -year planning period of this comprehensive plan. Electric power, however, will require careful management to meet growth demands within the planning period. The total maximum peak load served by Puget Sound Energy in the county during 1989 was 500 megawatts (MW). The projected peak for the county in the year 2010 is 668 MW. Distribution -level substation capacity is one way to measure power available to serve load demands. The 1990 Whatcom County substation capacity stood at 510 megavolt amperes (Ml Ml are equivalent to MWs given 100% system efficiency. Planned construction of nine new substations will increase capacity to 648 Ml Generation capacity must also be available to serve future (2010) demand. Generation capacity in July 1994 was 775 MW; planned capacity for 2010 is 784 MW of Puget Sound Energy -owned or contracted power generation. Other potential generation facilities could be available from private sources, including renewable energy sources. The technical information provided in this section of the chapter was provided by Puget Sound Energy. ISSUES, GOALS, AND POLICIES Locational Criteria for Siting Utilities County -Wide Planning Policies, the Visioning Process, open space, greenways, the environment, zoning, existing development patterns, Growth Management urban growth areas, and other physical, political, business, economic, and geographical constraints will demarcate both the need for and the locations available for any new electric power and /or natural gas corridors. Electric power, communications and natural gas purveyors are part of regional systems that are demand - driven and are regulated at the State and, to some degree, at the Federal levels. This chapter provides for general locations of facilities needed in the future. Precise locations will be determined in the future and will be evaluated through existing regulatory and review processes including conditional use and environmental review. Utility corridors must be located in areas of least impact to the citizens and environment of Whatcom County as measured by proximity to populous and environmentally sensitive areas. While it is in the best interest of the citizens of Whatcom County to plan for location of utility services in future growth areas, every effort must be made to avoid undesirable effects of locating those facilities in areas where the development is prohibitively expensive, where the health or safety of Whatcom County residents may be adversely affected, or where environmental costs may be too high. Utility corridors shall be shared by compatible utilities when safely possible. Whatcom County Comprehensive Plan 5 -4 Revised January 10 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001.00012) Exhibit 1, part 1 of 2 GOAL 5A: Specify a clear process for determining appropriate locations for future needed utility facilities including electric power facilities greater than 55 M Policy 5A -1: Use the existing conditional use major project permit and environmental review processes to evaluate and determine the suitability of proposed locations for any new utility facilities above the distribution level during the planning period. Policy 5A -2: dem fy exist : ^g _t:.: ; Gorr reps; Encourage utility siting in existing utility corridors. Policy 5A -3: Encourage utility purveyors to consider underground installation of distribution facilities consistent with WUTC rates and tariffs. Policy 5A -4: To the extent that installation of utility facilities affects growth patterns, utility services should reflect designated growth areas. Policy 5A -5: Discourage siting utility facilities in known natural hazard areas unless public benefit outweighs the risk. Policy 5A -6: Expedite the project review process, once an area has been identified as a possible utility corridor or facility site. Trends in Utility Technology Changing technology will affect the costs and types of systems and source facilities available. History has shown that technologies in any field can evolve very rapidly, particularly when breakthrough discoveries occur. Fiber optics is a good example; it is generally accepted that fiber optics technology is changing the way we communicate, and is doing so rapidly and in a widespread manner. Fiber optics is not anew technology but its widespread use is new. It is not inconceivable that other technologies could emerge or evolve within this planning period. GOAL 5B: Support development and use of new utility and information technologies. Policy 513-1: Facilitate the use of future technologies by allowing a degree of latitude in regulations and policies affecting utility facilities when it can be shown that a net benefit to the public is likely to result. Policy 513-2: Support development and use of new technologies, such as fiber optics. Policy 5B -3: Recognize the economic opportunities and benefits that adequate cellular phone access provides to the community. Policy 513-4: Support development regulations that are flexible and receptive to innovations and advances in cellular technology and that recognize the positive impact of moving information rather than people. Whatcom County Comprehensive Plan 5 -5 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Policy 513-5: Work closely with major utility providers to enhance the county and private geographic information systems (GIS) databases. Electric Power, Natural Gas, Petroleum, and Telecommunications All Whatcom County residents should have access to utilities as defined in this section. The W UTC requires equitable availability and controls the price of electric power, natural gas, and petroleum; FERC does so for electric, natural gas and petroleum facilities crossing state lines. Additionally, the Energy Facility Site Evaluation Council (EFSEC), the Department of Labor and Industries (DLI), and the US Department of Energy (DOE) impose restrictions and controls on the provision of utilities. Goals relating exclusively to natural gas and hazardous liquid lines are addressed separately. Changes in the utilities marketplace will probably create a need for recognition of a variety of service needs and for new models of how power and energy are distributed, stored, and used. Regulations concerning provision of utilities to end users should remain flexible and offer opportunities for review with respect to changes in utility industry dynamics dictated by market forces and regulations at the state and federal levels. GOAL SC: Facilitate accessibility of utilities. Policy 5C -1: Support user access to gas, electric, or communications utilities. Policy 5C -2: Review the policies in this chapter as necessary in order to keep them current with market and regulatory changes. Policy 5C -3: Include utility permits in processing of Major Development Permit and Planned Unit Development permit applications. Policy 5C -4: Make use of advanced technology to assist government operations and enhance public accessibility. Policy 5C -5: Undertake regional planning of public facilities and utilities which will facilitate coordinated land -use management and capital facility construction. Policy 5C -6: Support capital facilities to correct existing deficiencies, and to accommodate new growth in an efficient, cost effective and timely fashion. Policy 5C -7: Public facilities and utilities will be designed and located in a mannerwhich protects the integrity of planned land uses, existing land forms, drainage ways, natural system, critical areas and resource lands. Policy 5C -8: Extension of urban utility services will be carefully staged in order to discourage new development in areas that are premature in terms of planning, timing and funding. Whatcom County Comprehensive Plan 5 -6 Revised January 10, 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Policy 5C -9: Extension of urban governmental services and utilities will be confined to areas planned for urban development and be consistent with the optimal land use and urban growth area plan. Policy 5C -10: Public utility systems will be appropriately scaled to accommodate anticipated population growth. Policy 5C -11: The capital facilities element shall be the mechanism used to guide and implement the Growth Management Plan through programming of public facilities and services. Permitting Process Efficiency Time required for permitting processes can increase development costs and can impede the timely provision of electric power and other utilities to residential, commercial, and business users. Any new utility installation requires precisely designed and selected components to complete and bring a facility on line. Careful planning is necessary to ensure the proper components are available as needed. Delays in obtaining permits can disrupt planning cycles. Local permit processing should not interfere with or cause long delays for the provision of utilities to residents, industry, or business. GOAL 5D: Minimize the time required for processing utilities permits. Policy 5D -1: Streamline and simplify permitting processes relating to installation of utility facilities designed to serve existing or approved development. Policy 5D -2: Incorporate utilities permit processing with processing of larger development applications, Planned Unit Developments, or Major Development Plans that require new or updated utility facilities. Policy 5D -3: Expedite proposed development of any new utility transmission facilities through, within, into, or out of Whatcom County. Policy 5D -4: Eliminate permits that are a duplication of criteria or overlapping State and Federal regulations. Goal 5E: Reduce future unnecessary obstacles to land use development applications. Policy 5E -1: County Planning and Development Services will notify and seek comment from utility operators concerning land use development applications adiacent to existing major utility facilities and will take comments received under advisement. Whatcom County Comprehensive Plan 5 -7 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Policy 5E -2: Require evidence of compliance by the applicant with all easement provisions as a condition of all discretionary and non - discretionary land use approvals. Policy 5E -3: Utility companies shall provide notification of proposed pro acts to abutting landowners. Impediments to the Provision of Utilities The ability of utility purveyors to meet the mandates of W UTC and FERC could be affected by all of the following: GMA regulations, goals, and policies; plat covenants, conditions, and restrictions; infrastructure requirements; zoning (how much? where ?); County -Wide Planning Policies; Visioning Community Value Statement scenarios; and environmentally sensitive areas. GOAL 5F: Identify and remove impediments to effective siting of utility facilities. Policy 5F -1: Review existing and new regulations to ensure there are no unintended or unreasonable constraints on the provision of utilities as defined in this section. Policy 5F -2: Make provisions for those special situations, such as essential public facilities or major new employment centers which could create demand for utility facilities in areas other than those included in this plan and which could be popular based on contribution to the county employment base. Regulatory Controls Encouraging Energy Conservation Conservation is considered a substantial contributor to regional and local energy supplies. Generally, there are two components of conservation: regulatory issues and infrastructure. Regulatory issues include the efficiencies created by zoning density, development standards, establishing minimum energy efficiency standards and energy code enforcement. Infrastructure issues include existing utility facilities and privately owned equipment ranging from purveyor - owned hardware to consumer -owned appliances. While energy demand increases as a result of growth, conservation plays a large role in limiting the quantity of that new demand. GOAL5G Support cost - effective conservation as a significant supply factor and implement policies that promote energy conservation measures. Policy 5G -1: Review and revise existing and proposed regulations for consistency with conservation and the other goals in this chapter. Whatcom County Comprehensive Plan 5 -8 Revised January 10 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Policy 5G -3: Support conservation incentives to businesses and groups for comprehensive conservation efforts. Policy 5G -4 Facilitate and encourage conservation of resources, in order to delay the need for additional facilities for electrical energy and water resources, and to achieve improved air quality. GOAL 5H: Support cost - effective renewable energy projects as a significant supply factor and implement policies that promote renewable energy projects. Policy 5H -1: Review and revise existing and proposed regulations for consistency with renewable energy and the other goals in this chapter. Policy 5H -2: Encourage and support the development of renewable energy projects and technologies. Policy 5H -3: Support renewable energy incentives to businesses and groups for comprehensive renewable energy efforts. Utility Corridors and Other Facilities Where feasible, multiple land uses in utility corridors should be encouraged. The potential for shared use of utility corridors should be realized to the greatest practical extent. While some corridor uses have proven incompatible, others work well. Some uses are clearly mutually exclusive, but others are unaffected, and in some cases enhanced, by proximity to other uses thereby serving multiple needs. Questions have been raised concerning potential for long -term, adverse health effects associated with exposure to 60Hz electric and magnetic fields. Many studies have been conducted concerning those effects and many are in process; results are mixed. GOAL 5J: Facilitate maintenance and rehabilitation of existing utility systems and facilities and encourage use of existing transmission /distribution corridors. Policy 5J -1: Encourage utility providers to explore expanded and /orjoint use of existing utility corridors before seeking sites for new rights -of -way. Policy 5J -2: Promote, when reasonable and feasible, the co- location of new public and private utility distribution facilitates in shared trenches /corridors, as well as coordination of construction timing. Policy 5J -3: Allow for recreational use of utility corridors where practical. Whatcom County Comprehensive Plan 5 -9 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Policy 5J -4: Require utility companies to notify impacted residents of herbicide applications and vegetation control measures. GOAL 5K: Be responsive to new information on electric and magnetic field (EMF) research progress. Policy 5K-1: As new information regarding EMF becomes available, consider the need for new standards. Policy 5K -2: Educate the public with regard to any new information concerning possible EMF health effects. GOAL 5L: Support direct and indirect economic benefits to Whatcom County originating with energy or utilities in general. Policy 5L -1: Recognize economic benefits derived from coordination of utilities with established and projected residential, commercial, and industrial growth patterns in the County. Policy 5L -2: Consider jobs potentially created through expansion of utility services in areas of planned growth while reviewing requests for utility conditional uses. Policy 5L -3: Require a utility proponent to show how the proposal provides local or regional benefit. Transmission Natural Gas and Hazardous Liquid Pipelines The goals of Whatcom County regarding pipelines are: to provide safetvfor County residents and to provide predictability for future pipeline siting. The County is not able to control all issues regarding pipelines, as there are other agencies with jurisdictional authority (such as EFSEC and FERC), as well as demand from areas outside of Whatcom County, which preclude the County from having the ultimate authority. Nonetheless, goals and policy preferences for the County are appropriate and incorporated herein. The following goals and policies shall apply to all natural gas and hazardous liquid transmission utility policies of this chapter where applicable, with priority and deference given to these Policies Whatcom County Comprehensive Plan 5 -10 Revised January 10 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Goal 5M: Protectthe citizens and the environment of Whatcom County through informational educational and regulatory measures. expansion. Policy 5M -77 Monitor pipeline construction to ensure pipelines are installed in accordance with all applicable critical area regulations. Whatcom County Comprehensive Plan 5 -11 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Goal 5N: Develop locational siting criteria specific to special conditions regarding transmission and large distribution pipelines. Policy 5N -2: Encourage pipelines to follow adjacent to established corridors where possible Require applicant justification for proposed deviations Policy 5N -47 No pipeline facilities should be constructed or located in critical areas without fully mitigating the project impact. Policy 5N-5: Designated agricultural and forestry lands in the Comprehensive Plan are preferred locations for pipelines. Water Supply W hatcom County residents obtain domestic water from public and private water systems. For the purpose of this discussion, the term "public" refers to the State Department of Health definition, and not to ownership of the system. This distinction is important and can often be confusing. Public systems, as defined bythe State Health Department, mustcomplywith specific regulations designed to protect the health of people using the supply. Private systems do not have to meet these same requirements. The complete definition of a public water system can be referenced in WAC 246 -290 and WAC 246 -291. In general, Health regulations define a public water system as all systems except those Whatcom County Comprehensive Plan 5 -12 Revised January 10. 2002 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 serving only one single family residence and a system with four or fewer connections all of which serve residences on the same farm. However, the regulations do allow systems with only two connections to be exempted from State Health rules at the discretion of local /State Health. Whatcom County has taken advantage of this allowance and does not consider residential systems with two services to be public systems. About 18,000 households, or 40,000 people, rely on private systems. The vast majority of these have wells, although there are some people who get water from surface water supplies such as lakes and streams. Over 90,000 people obtain water from public systems that vary in size and are both privately owned (e.g. water associations) or publicly owned (e.g. districts, municipalities, PUD). Most county residents obtain water from a municipality or district. There are, however, many people who obtain water from one of the over 250 smaller, privately owned public water systems. The largest purveyor in the county is the City of Bellingham. Bellingham supplies water to about 60,000 people, relying on water from Lake Whatcom and the Middle Fork of the Nooksack River via a diversion pipeline. The City also has the largest water right of all purveyors in the county. This large water right could enable it to continue its role as a major purveyor in the future. Bellingham has indicated a desire to create a stormwater district in the Geneva area and the County fully supports it's creation, even in the absence of annexation. The Public Utility District No.t (PUD), which obtains water from the Nooksack River, has the second largest water right in the county. The PUD is a public water utility authorized under RCW Chapter 54 which has the potential to provide water on a county -wide basis. The PUD currently provides both direct retail and wholesale water supplies to customers within the county. The PUD holds water rights for municipal water supply purposes - including residential, commercial, industrial and agricultural use. Pursuant to state law, the PUD develops and provides water supply within its service area in accordance with authoritative demand and /or population projections. The PUD will consider petitions for service or assistance from all areas in Whatcom County which are not presently claimed by cities, water districts or other purveyors operating within the county. The level of service to be provided to PUD customers requesting service or new supply will be consistent with relevant capital facility and /or land use plans and policies in existence at the time of service extension. Regardless of size, public or private, many water purveyors in Whatcom County face common challenges in meeting existing and future demands. Water quality concerns which have been identified include nitrates, arsenic, bacteria, iron /manganese, sea water intrusion, and pesticidesNOCs. Quantity concerns include legal limitations on supplies and questions regarding actual amounts and depletion of water. New regulatory requirements under the Safe Drinking Water Act, for example, further challenge the ability of purveyors to meet new demands. Meeting existing and future water demands throughout the county will require careful planning and a mesh of land use /zoning with supply availability. Some of the planning tools which exist to help accomplish this, include: the various protection and management strategies discussed in the Chapter Eleven: Environment, Water Resource Section; Whatcom County Comprehensive Plan 5 -13 Chapter Five - Utilities May 20 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 • comprehensive water plans that have been developed by some of the water purveyors; • the Capital Facilities Plans and Interlocal Agreements developed by the Cities and County under the Growth Management Act; • the use of short term boundaries within urban growth areas; and • the Coordinated Water System Plan. The Coordinated Water System Plan was completed in 1993 and is awaiting adoption bythe State Department of Health. The plan, written by some of the local water purveyors, agencies and others, was intended to help ensure more efficient planning for water supplies throughout the county. It identifies recommendations related to system design and planning, joint facilities and interties, system service areas, satellite system management, conservation, and general resource management. Although the various tools noted above will assist in helping to meet water demands, there is work to be done in both completing the specific elements and ensuring their consistency with each other. With so many uncertainties and so few clear answers, caution is necessary in making water - related decisions. It is likely that much dialogue, coordination, and clear understanding will be necessary to work through a myriad of water - related issues and decisions. Changing priorities, organization, and regulations at state and federal levels make comprehensive decision - making yet more arduous. County staff and elected officials must participate in all processes aimed at quantifying, regulating, or controlling water in any way to protect the best interests of the citizens of Whatcom County. To that end, various entities in Whatcom County, including county government, are engaging in a process to establish a water resources management body to coordinate all of the various efforts involving water - related issues. This plan is based on the assumption that agriculture is important to the County as identified in the Visioning Process and that water will be available to serve the agricultural community. The plan also assumes that adequate water will be available to serve the proposed Urban Growth Areas. It Is recognized that certain actions are needed to ensure supplies to those areas. These actions will be pursued and the Urban Growth Areas will be revisited as part of the five year review process to determine if the boundaries are consistent with water availability. Identified urban growth areas are served by public water either within an approved water service area or logical service boundary. Where gaps or shortfalls exist in planning or capital facilities, the County will use short term boundaries to assure adequate levels of urban services. Water rights are always an issue in planning for adequate facilities. Treaty rights with the tribes, minimum instream flows for adequate protection of fish, and use and protection pursuant to state water laws, all affect the ability of purveyors to meet service objectives. It is not the intent of the County to second guess a projection in an approved or pending plan. The County will review plans periodically to ensure consistency with the growth and population projections of this plan, and changes in the availability of water or permits which may affect the ability to serve. Whatcom County Comprehensive Plan 5 -14 Revised January 10 2002 Chapter Five - Utilities File Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 In areas outside of urban growth areas, because of concerns about water supply, development will be contingent on providing evidence of adequate water supplies. GOAL 5P: Resolve county water issues through pro- active participation in processes leading to solution of water - related conflicts. Policy 5P -1: Plan for interlocal agreements with other agencies to manage failing water associations that fall into receivership. Policy 5P -2: Encourage and participate actively in forums, workshops, and otherwater- related planning activities. Policy 5P -3: Discourage extension of urban levels of water service to areas not designated for urban growth or industry. Policy 5P -4: The County should periodically examine its role as a potential purveyor of water and sewer service in order to determine if increased involvement may be needed to help solve some of the utility problems in the county. Policy 5P -5: Investigate the opportunity for multiple solutions to other issues such as flood management, when looking towards acquiring additional water supplies /rights. GOAL 5Q: Work with Whatcom County PUD and other water purveyors to provide service to all existing and designated urban growth or industrial areas. Policy 5Q -1: Work with the PUD, Birch Bay W ater and Sewer District, Ecology, and other jurisdictions as appropriate, to ensure adequate water supplies to the Birch Bay Urban Growth Area. Consider all options including extending a water transmission pipeline from the PUD to Ferndale. Policy 5Q -2: Ensure provision of urban levels of water service to urban growth within areas designated for urban growth. Policy 5Q -3: Review Urban Growth Areas every five years to ensure appropriate actions have occurred to provide adequate water supplies. Policy 5Q -4: Encourage annexation of areas zoned for urban densities concurrent with extension of urban level services. Policy 5Q -5: The County should work closelywith purveyors and the State Department of Health in the development and review of Comprehensive Water Plans to ensure consistency with land use and urban growth area needs. Policy 5Q -6: Where necessary, to protect public health or the environment, utility extensions may be made. Whatcom County Comprehensive Plan 5 -15 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 GOAL5R: Ensure that potable water supplies required to serve development are available at the time the development is available for occupancy and use. Policy 5R -1: Building permit applicants, new subdivisions and binding site plans will be required to provide evidence that adequate supplies of water are available prior to their approval by the County. Policy 5R -2: Work with provider agencies to assist them in modifying their system as required to support the land use element of the comprehensive plan. Sewage Treatment Whatcom County does not currently own, operate, or maintain a sewage treatment facility, or associated pumping stations or pipelines. The county did own a small number of sewer connections in the vicinity of Smith and Northwest Roads that are a part of the Ferndale sewage treatment system. Originally, the county owned 368.5 connections; as of October, 1994, 186 connections had been sold to private parties, and 182.5 were sold to the City of Ferndale on December 29, 1995. Sewage treatment in the unincorporated county is primarily by septic system. While adequately designed and installed on -site septic systems can be appropriate for rural -level development, maintenance of such systems varies from excellent to none -at -all. Poorly maintained septic systems are a source of ground and surface water pollution and have been identified at both the state and the local level as significant contributors to high nitrate levels in soil and coliform bacteria in surface water. Some systems can be in a failure mode for years before being noticed. "Package" sewage treatment systems and multiple -user septic systems may be a desirable alternative to the single -user, on -site system. Larger sewage treatment facilities are more appropriate for urban levels of growth. Whatever type of system is used, adequate maintenance is the best deterrent to system failure and to pollution of ground and surface water. GOAL 5S: Reduce the incidence of on -site sewage treatment system failure through system management and enforcement of standards. Policy 5S -1: Support state on -site sewage system regulations (WAC 246 -272) which requires that local health departments implement a program ensuring proper maintenance and operation for all on -site systems. Policy 5S -2: The maintenance and operation program should be phased in beginning with high priority areas designated by the County Council. In implementing this policy, Lake Whatcom is a high priority area. Policy 55 -3: The development and implementation of the maintenance and operation program should consider use of the private sector where possible. Whatcom County Comprehensive Plan 5 -16 Revised January 10 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 GOAL 5T: Support development of new sewage treatment facilities, including new pipelines and extensions of existing pipelines, to areas designated for urban -level growth. Policy 5T -1: Discourage extension of sewer lines in areas not designated for urban growth unless there are serious public health or environmental concerns. Policy 5T -2: For those areas designated for inclusion as a Small Town and wishing to grow, work with the communities to create sewer and water districts as necessary to manage both utilities. Policy 5T -3: Assist sewer and water districts in environmental review and mitigation and grant applications to obtain package sewer services that can be developed in a phased and cost - effective manner to serve Small Towns and industrial areas. Policy 5T -4: Support the development of new technology and alternative sewage disposal methods as an alternative to expensive sanitary sewer systems to assure ground water quality is maintained. Solid Waste Management Whatcom County is responsible for managing solid waste generated by any activities in the county. Over 35% of the county's solid waste stream is recycled through public and private efforts. In order to maintain a Priority Level 2 site designation, a disposal site will process the unseparated county solid waste delivered to the disposal site and recoverand recycle a minimum of 20% by weight and dispose of a maximum of 80% by weight of the total unseparated county solid waste. Two privately operated incineration facilities, designated as Priority Level 2, with a combined capacity of two hundred tons per day, burn much of the countys disposable solid waste. The remainder is transported to private regional landfills outside of Whatcom County. A third privately operated facility, also designated as Priority Level 2, will process unseparated county solid waste. This waste will be delivered to the disposal site and recovered and recycled at a minimum of 20% byweight and disposed at maximum of 80% byweight of the total unseparated county solid waste. This product will then be delivered to a private landfill located outside Whatcom County. A private mixed -waste composting facility located in the county is currently handling only yard waste materials. Local landfill options are limited to construction waste and demolition debris at a private site on Hemmi Road. No solid waste is deposited at the county - owned Cedarville landfill site which was closed in 1990. A private organization leases a portion of the Cedarville site for a solid waste drop box location for "self- haulers" There are three other drop -box locations in the county; Birch Bay and Lynden drop boxes are privately operated while a Point Roberts drop box is operated by the county, but actual hauling is done primarily by private hauler (the county hauls demolition waste and scrap metal from this site). The county will continue to use a private waste disposal system within the GMA planning period assuming no unforeseen and /or uncontrollable circumstances. All solid- waste- management background information, goals, policies, and action plans in this chapter have been extracted directly, or interpreted from, the Draft Whatcom County Whatcom County Comprehensive Plan 5 -17 Chapter Five - Utilities May 20, 1997 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 Comprehensive Solid Waste Management Plan, June 1994. That plan has been prepared to meet the requirements of RCW 70.95. Private collection, processing, and disposal services managed in accordance with the provisions of county ordinances and city contracts constitute Whatcom County's solid waste management system. Adopted Disposal and Collection Districts, a Flow Control Ordinance, and a Service Level Ordinance serve as the foundation for county waste management. The Lummi and Nooksack Reservations and the Newhalem area are not included in the county's waste management plan. Due to the settlement of recent litigation, it is unclear as to the legal status of the Flow Control Ordinance. This section may need to be reviewed and revised as a result of final resolution of that litigation. For the purpose of the Comprehensive Plan it is being assumed that the Flow Control Ordinance remains valid. The Flow Control Ordinance directs the flow of solid waste to facilities meeting county requirements and having disposal agreements with the county allowing for rate regulation and collection of a surcharge. The ordinance also specifies waste disposal management priorities, including the following in order of priority: source - separated recycling, recyclable material processing, incineration with and without energy recovery of separated waste, land- filling with separated waste, incineration with and without energy recovery of unseparated solid waste, and land- filling with unseparated solid waste. These priorities establish the flow of solid waste material through the county system and reflect legislative intent to manage solid waste in order of descending priority. Generally, countywaste management system priorities are met by waste prevention, recycling and source - separated composting, market development to increase local use of recycle- ables, collection, transfer, export, incineration, and land- filling. Based on beneficial use and cost criteria set by the county, other technologies, such as glassification and municipal solid waste processing and composting are under consideration. The county includes several waste - prevention programs as part of its highest waste management priority, including waste reduction and re -use, education, legislation, and governmental waste - prevention activities. Education is directed at school -age children through in- school programs; at shoppers; and at the general public through awareness programs, videos, demonstration sites, and awards programs. Whatcom County and the City of Bellingham jointly provide a hazardous waste management program including education, technical assistance, and operation of a moderate risk waste (MRW ) facility. The Ml facility receives household hazardous waste and small quantities of commercial hazardous waste and prepares the waste for re -use ortransport to a hazardous waste landfill in Oregon. GOAL 5U: Support waste prevention for both solid and hazardous substances as a primary focus prior to waste management. Policy 5U -1: Support solid waste source reduction activities including conservation education programs, source reduction programs for county agencies, a waste exchange and materials re -use clearinghouse, and home composting and other activities related to yard debris. Whatcom County Comprehensive Plan 5 -18 Revised January 10 2002 Chapter Five - Utilities File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 1 of 2 GOAL 5V: Improve the overall county waste reduction and recycling rate (as measured in tons per year) to 44% by the year 2002. Policy 5V -1: Review and revise the Whatcom County Comprehensive Solid Waste Management Plan due to litigation. GOAL SW: Using existing and future technologies, make available safe, effective, economical, and environmentally sound techniques for solid and hazardous waste disposal. Policy 5W -1: Support best - management practices for disposal of household, commercial, and industrial solid and hazardous wastes. Policy 5W -2: Establish and enforce standards for disposal of bio- solids, including management of the amount of heavy metals and other pollutants, and management of impacts to sensitive areas. Stormwater Management Stormwater management is treated in Chapter 11: Environment and is not included in this Utilities Chapter. Whatcom County Comprehensive Plan 5 -19 Chapter Five - Utilities "Action Plan May 20, 1997 UTILITIES - ACTION PLAN The goals and policies recommended in this plan are intended to contribute to achieving the county-wide land use planning goals adopted in 1979, the goals of the Growth Management Act, Whatcom County -Wide Planning Polices, adopted in 1991, and the goals and policies recommended bythe Utilities Planning and Advisory Committee. The goals and policies maybe implemented by adopting the following set of action plans. Conservation 1. Provide a mechanism for the county and utility providers to cooperatively support education programs for both citizens and government officials on conservation issues, and promote awareness regarding location of all types of utility facilities. 2. Support conservation efforts within county government. 3. Directly support communities to work with utility providers in promoting utility conservation. 4. Work with state utility regulators to facilitate energy conservation efforts 5. Review and enforce existing energy codes. 6. Work with utility purveyors to define ways for conservation to positively influence Whatcom County's economic development through specific conservation efforts and economic savings obtained through conservation. 7. Adopt land -use implementation strategies such as development standards and incentives, and investigate multiple problem solving aimed at conserving water and energy. Alternative Energy Sources 8. Adopt solar access ordinances such as solar orientation and solar design standards. 9. Adopt ordinances enabling and facilitating alternative sources of energy. Permitting Process 10. Expedite utility- oriented permitting processes. Utility Facilities 11. Establish screening and landscaping standards for utility facilities. 12. Direct growth and appropriate utility facilities to designated urban growth areas. 13. Map existing and proposed utility corridors and establish appropriate notification zone for each type of corridor. Require future residential development to be notified of proximity to the utility corridors. Whatcom County Comprehensive Plan 5 -20 May 20 1997 Chapter Five - Utilities Task Forces 14. Direct the county Health Department to do the following: monitor EMF research; plan and accomplish public education concerning EMF and conservation; and accomplish regulatory and policy review. Education and Information 16 Design an educational program and handouts which explain the importance of using the "one- call" system. 17 Enhance the County's permitting system by developing a standard procedure to provide copies of project plans to utility companies for opportunity to review and comment. Transmission Pipelines 19 Apply GIS based siting criteria for evaluating pipelines to any and all future pipeline proposals. Water Supply 20.145-.Encourage the adoption of the Coordinated Water System Plan (CWSP) and implement its recommendations. 21.46-.Develop interlocal agreements with local surface and groundwater management agencies to ensure adequate water supplies in urban areas. 22.1:7-.Establish an interlocal agreement with Whatcom County PUD, Water District 10, and other interested Satellite System Management Agency (SSMA) candidates, consistent with the recommendation from the CWSP, to manage failing water associations that fall into receivership. 23.4&.Actively participate in all appropriate water - related meetings, forums, and coalitions. Whatcom County Comprehensive Plan 5 -21 Chapter Five -Utilities "Action Plan May 20, 1997 24.4g-.Evaluate and, where feasible, support alternative supplies of water such as desalinization, re -use of treated wastewater, and storage of flood water. Investigate reservoir holding ponds that take advantage of flood water when needed for beneficial uses such as fisheries, agriculture, domestic and industrial water supplies. 25.2G-.Review urban growth areas every five years to ensure adequate water supplies are available and revise boundaries accordingly. 26.24--.The county shall review new residential projects requiring land use or construction permit approval for the availability of an adequate water supply. 27.22-.The county shall notify provider agencies of potential inconsistencies between their system plans and the comprehensive plan, and shall work with them to find acceptable solutions. 28.23-.The county shall work with rural water system operators to achieve level of service and construction standards for rural systems that are consistent with rural densities and service expectations. Sewage Treatment 29.24-Require maintenance management of all new and existing septic treatment systems. 30.25 - Require no- protest agreements from all developers for sewer service LIDS. 31.24-.Complete the draft Lake Whatcom Septic Plan developed under the Lake Whatcom Management Committee Process. Place a particular emphasis on developing and implementing a maintenance, operation, inspection program for the Lake Whatcom Watershed with incentives for compliance. Solid Waste Management 32.27-.Monitor changes in technologyand in the marketplace that could change the economics of solid waste management and waste -to- energy projects. 33.29-.Implement the recommendations of the Whatcom County 1994 Draft Comprehensive Solid Waste Management Plan. Add the following to the glossary for the Whatcom County Comprehensive Plan "Critical facilities" mean the definition in the Whatcom Countv's Critical Areas Ordinance 16.16.800(19). (Ord. 97 -056). These include: a. Essential Facilities. i. Fire and police stations: ii. Tanks or other structures containing, housing or supporting water or other fire - suppression materials or equipment required for the Whatcom County Comprehensive Plan 5 -22 Five - Utilities protection of essential or hazardous facilities, or special occupancv structures; iii. Emergency vehicle shelters and garages: V. Structures and equipment in emergency- preparedness centers; V. Stand -by power generating equipment for essential facilities: vi. Structures and equipment in government communication centers and other facilities required for emergency response. b. Hazardous Facilities. Structures supporting or containing sufficient quantities of toxic or explosive substances dangerous to the safety of the general public if released. C. Special Occupancy Structures. i. Covered structures where primary occupancy is public assembly: ii. Buildings for schools, colleges, adult education or day -care centers: iii. Hospitals and other medical facilities; V. Jails and other detention facilities. "Distribution pipeline" means a pipeline other than a gathering or transmission line or as defined at 49 CFR 192.3, if amended. "EFSEC" is a common abbreviation to refer to Washington's Energy Facility Siting Evaluation Council. TERC" is a common abbreviation to refer to the Federal Enerqv Regulatory Commission. "Gathering pipeline" means a pipeline that transports gas from a current production facility to a transmission or main or as defined at 49 CFR 192.3, if amended. "Third -party damage" means excavation damage caused by equipment operated by an outside party other than the pipeline operator or contractor working for the operator. "Transmission pipeline" means a natural gas or hazardous liquid pipeline that transports within a Whatcom County Comprehensive Plan 5 -23 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 2 of 2 TITLE 20 CHANGES Chapter 20.82 PUBLIC UTILITIES 20.82.30 Conditional Uses The following uses shall require a conditional use permit or major project permit and shall be subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance: (1) Transmission pipelines, or pipelines termed a distribution pipeline but having characteristics that fit the definition of a transmission pipeline carrying petroleum and petroleum products other than natural gas when such pipelines will be located outside the zoning district classified as Heavy Impact Industrial. (2) Regional transmission pipelines for the bulk conveyance of natural gas, or pipelines termed a distribution pipeline but having characteristics that fit the definition of a transmission Pipeline. Except for the above conditions, nNatural gas pipelines which are owned and operated by a gas utility company regulated by the state utilities and transportation commission and which are distribution lines owned by the utility that provide natural gas service directly to county citizens and businesses shall not be considered regional transmission lines. 20.82.31 (1) (2) (3) approximate right of way widths. Require pipeline proponents to notify cities if the proposal is within their urban growth area all utility providers and special purpose districts where the siting of new pipelines crosses those service areas 20.97.100 Distribution pipeline. "Distribution pipeline" means a pipeline other than a gathering or transmission Pipeline or as defined at 49 CFR 192.3. if amended 20.97- .40020.97.101 Dock. 04/19/02 Page 1 of 5 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 2 of 2 20.97.161 Gathering pipeline. "Gathering pipeline" means a pipeline that transports gas from a current production facility to a transmission pipeline or main or as defined at 49 CFR 192.3, if amended. 20.97.436 Transmission Pipeline. "Transmission pipeline" means a natural gas or hazardous liquid pipeline that transports within a storage field or transports from an interstate or intrastate pipeline or storage facility to a distribution main or a large volume user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength or as defined at 49 CFR 192.3, if amended. 20 97-:43620.97.437 Truck stop. PROPOSED TITLE 21 CHANGES 21.03 EXEMPTIONS AND BOUNDARY LINE ADJUSTMENTS 21.03.40 Certificate of Exemption A certificate of exemption shall be obtained from the Planning and Development Services Department of exemptions under Paragraphs 2, 3, 4, 6, and 7 of above Section 020. A certificate of exemption shall consist of a suitably inscribed stamp on the instrument conveying land title and shall be certified prior to the recording of the instrument with the County Auditor. An exempt land division does not occur and is not considered approved until said instrument has been duly stamped exempt and is filed for record concurrently with all applicable disclosures of section 045. 21.03.45 Required Disclosures The following disclosures, if applicable, shall be recorded in the Countv Auditor's and shall be filed concurrently with the certificate of exemption: ❑ Right to farm right to practice forestry, mineral resource disclosures ❑ Boundary discrepancies j Protective covenants conditions & restrictions 3 Late comers agreements ❑ Significant pipeline in vicinity disclosure (within 660') 21.04 SHORT SUBDIVISIONS (SHORT PLATS) 21.04.30 Short Subdivision Procedure (1) Notice of Preliminary Approval 04/19 /02 Page 2 o£5 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 2 of 2 Approval of a Short Subdivision is normally a two step process that involves notice of preliminary approval and final approval. Notice of preliminary approval includes initial review of the application to determine if the short plat is acceptable in concept, identification of relevant issues, formulation of appropriate conditions that must be satisfied prior to final approval, and issuance of written findings. Notice of preliminary approval does not authorize selling lots or offering lots for sale. Final approval includes resolution of all issues, satisfaction of the conditions outlined in the notice of preliminary approval, preparation of a survey, construction of required improvements (or posting securities for these improvements), and filing an original drawing is filed for record with the County Auditor. The notice of preliminary approval and final approval processes may be combined into a single process if all the information required by 21.04.150 and 21.04.160 is submitted simultaneously. Add the following section to the code at (d) and renumber existing sections accordingly. (dd) Notify and provide copies of protect plans to any and all private or public utility there is no response within 15 days, the Administrator and Technical Review Committee may conclude their review of the application without such comments. 21.04.170 Disclosures and Notes The following disclosures and notes, if applicable, shall be recorded in the County Auditor's Office and a statement identifying the subject and the Auditor's file number for each such instrument shall be on the final short plat map under surveyor's notes prior to final approval by the County: Right to farm, right to practice forestry, mineral resource disclosures Critical area notes Boundary discrepancies Protective covenants, conditions & restrictions Drainage maintenance agreement block Road maintenance agreement block (private roads only) Late comers agreements Significant pipeline in vicinity disclosure (within 6601 21.05 PRELIMINARY LONG SUBDIVISIONS (LONG PLATS) 21.05.30 Subdivision Procedure (1) Preliminary Approval of Subdivision Plans (b) Upon receipt of a complete application and the payment of fees, the Department of Planning and Development Services shall: (i) Provide notification in accordance with WCC 2.33.060; (ii) Notify those agencies required by RCW 58.17.080; 04/19/02 Page 3 of 5 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 2 of 2 (iii) Notify and provide copies of pro act plans to a City when the subdivision is within that City's Urban Growth Area and- notify, agencies potentially having jurisdiction relevant to the application., and public or private utility organizations if within 660' (1/8 mile) to the area submitted in the application. Such Citiesand.agencies, and utility organizations shall be given 15 calendar days to respond. If they do not respond within 15 days, the administrator, SEPA Official and Technical Review Committee may conclude their review of the application without such comments. 21.06 FINAL LONG SUBDIVISIONS (LONG PLATS) 21.06.70 Disclosures and Notes The following disclosures and notes, if applicable, shall be recorded in the County Auditor's Office and a statement identifying the subject and the Auditor's file number for each such instrument shall be on the final short plat map under surveyor's notes prior to final approval by the County: ❑ Right to farm, right to practice forestry, mineral resource disclosures ❑ Critical area notes ❑ Boundary discrepancies ❑ Protective covenants, conditions & restrictions ❑ Drainage maintenance agreement block ❑ Road maintenance agreement block (private roads only) ❑ Late comers agreements ❑ Significant pipeline in vicinity disclosure (within 660') 21.07 PRELIMINARY BINDING SITE PLANS 21.07.30 Subdivision Procedure (1) Preliminary Approval of Subdivision Plans (b) Upon receipt of a complete application and the payment of fees, the Department of Planning and Development Services shall: (i) Provide notification in accordance with WCC 2.33.060; (ii) Notify and provide copies of pro act plans to a City when the binding site plan is within that City's Urban Growth Area and netify,agencies potentially having jurisdiction relevant to the application: and Public or private utility organizations if within 1/8 mile (660') from the area submitted in the application. Such Cities and agencies and utility organizations shall be given 15 calendar days to respond. If they do not respond within 15 days, the Administrator, SEPA Official, and Technical Review Committee may conclude their review of the application without such comments. 04/19/02 Page 4 of 5 File: Transmission Pipelines (CMP2001- 00012) Exhibit 1, part 2 of 2 21.08 GENERAL AND SPECIFIC BINDING SITE PLANS 21.08.70 Disclosures and Notes The following disclosures and notes, if applicable, shall be recorded in the County Auditor's Office and a statement identifying the subject and the Auditor's file number for each such instrument shall be on the final short plat map under surveyor's notes prior to final approval by the County; ❑ Right to farm, right to practice forestry, mineral resource disclosures ❑ Critical area notes ❑ Boundary discrepancies o Protective covenants, conditions & restrictions ❑ Drainage maintenance agreement block ❑ Road maintenance agreement block (private roads only) ❑ Late comers agreements ❑ Significant pipeline in vicinity disclosure (within 6601 04/19/02 Page 5 of 5