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HomeMy WebLinkAboutord2002-053WHATCOW COUNTY COUNCIL AGENDA BILL NO. 2002 - 314 CLEARANCES Date Date Received in Council Office Agenda Data Assigned To Ong, Dept.: Planning &Develop 8/1612002 �. AUG 16 P002 WHATCOM COUNTY COUNCIL /27/2002 Introduction Division Head. Dept. Head: Prosecutor. Budget: Executive: SUBJECT. Interim Ordinance amending WCC 20.80 - Seasonal Limitations on Land Clewing ATTACHMENTS SUMMARYSTATEMENT Related County Contract 4 Should the Clerk schedule a hewing? (YR)Y Requested Dale 9 /10/2002 Interim Ordinance amending Whatcom County Code, Title 20, Chapter 20.80 - Supplementary requirements to eliminate seasonal limitations on land clearing activities within water resource special management areas. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002-314 9110/2002: Adopted 7A, Ord. #2002 -053 Related File Numbers: Ordinance or Resolution Number (this item only): AB2002 -222 pRb. * 2WL- os3 SPONSORED BY: Brenner Nelson Crawford PROPOSED BY: Planning & Development Svc INTRODUCTION DATE: 8/27/02 ORDINANCE NO. 2002 -053 AN AMENDMENT TO INTERIM ORDINANCE NO. 2002 -034 AMENDING WCC, TITLE 20, CHAPTER 20.80 — SUPPLEMENTARY REQUIREMENTS TO ELIMINATE SEASONAL LIMITATIONS ON LAND CLEARING ACTIVITIES WITHIN WATER RESOURCE SPECIAL MANAGEMENT AREAS. WHEREAS, Whatcom County Code 20.80 establishes the Lake Whatcom, Lake Samish and Drayton Harbor Watersheds as Water Resource Special Management Areas; and WHEREAS, the Whatcom County Council previously adopted via Ordinance #2002 -034 interim zoning text amendments implementing, among other controls, a seasonal limitation on clearing activities within Water Resource Special Management Areas between October 1st and April 30th; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits adoption of interim official controls so long as a public hearing is held within 60 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action, the Council makes the following findings of fact: 1. This amendment of Interim Ordinance No. 2002 -034 is necessary to allow additional public input and discussion of options, as well as consideration of scientific and other data, addressing newly revealed seasonal land clearing issues. The Whatcom County Council desires the opportunity to review existing interim code and regulations to permanently address all concerns. A Determination of Non - Significance was issued by the Whatcom County SEPA Official on August 26, 2002. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Interim Ordinance No. 2002 -034 is hereby amended as indicated in Exhibit A hereto. BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW 36.70.795, that this amendment shall be effective for not longer than six Page 1 months following the effective date of Ordinance No. 2002 -034, which may be renewed for one or more six -month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this ATTEST: i Dana Brown -Davis Clerk of the Council APPROVED as to form: 10th day of September LMEA!rw David Gra Civil Deputy Prosecutor 2002. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ( Approved () Denied Z Pete Kremen County Executive Date: �� ^ Page 2 EXHIBIT A Chapter 20.80 — LAND CLEARING 20.80.730 Land clearing. 20.80.735 Water Resource Special Management Areas, Critical Areas and Critical Area Buffers. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Whatcom County shall establish the following geographic areas as water resource special management areas: • Lake Whatcom Watershed; • Drayton Harbor Watershed. • Lake Samish Watershed. (1) Water Resource Special Management Area, Critical Area and Critical Area Buffers Review Thresholds. County review and approval shall be required for land clearing activities which exceed the following thresholds. If the land clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a) County review and approval shall be required for all land clearing activities associated with a fill and grading permit, building permit or other development proposal. Land clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater; or (ii) Any activity that meets the definition of a conversion from a forest use to another land use pursuant to WCC 20.97.085. (iii) Any activity within 300 feet of a critical area regulated under WCC Chapter 16.16, or a water body regulated under WCC Title 23. (2) Within water resource special management areas, clearing activity must conform to the following conditions: wrr 20.97.051, that will result in exposed so is exceed 'ng 500 square feet shall net he permit .... p .... i.�e... r Sal M Temporary sediment and erosion control shall be installed and inspected prior to any clearing activity where practicable. Temporary sediment and erosion control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. Lb� (G) Phased Clearing. Construction activity and land clearing activities EXHIBIT A may be phased to limit the amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines, wetlands, etc.. A phased clearing plan may be required. A phased clearing plan shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or time line. (c) (d4 Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when the vegetation plan includes a soil stabilization plan. This plan component must specifically detail sediment erosion control and stormwater runoff measures that provide runoff control equal to, or greater than, the protection provided by the standard two -day soil stabilization requirements of this section. (dd) (a) In addition to compliance with all other landscaping and buffer requirements of this title and other titles of the Whatcom County Code, development on an individual lot shall comply with the following provisions: I. On parcels less than 5 acres, the applicant shall retain existing trees over eight inches in caliper as measured four feet above ground level. Cleared areas, including the building site, driveways, parking areas, and areas to be landscaped, shall not exceed 5,000 square feet or 50 percent, whichever is greater of the total lot area. ii. The county shall require that trees to be retained are identified on a site plan and clearly identified on the site. The county shall also require site plan alterations to achieve maximum tree retention. iii. Existing vegetation may be used to meet all or part of the landscaping requirements of this title. iv. If any vegetation designated for retention is damaged or destroyed through the fault of the applicant, agent or successor, the applicant, their agent or successor shall restore the site pursuant to a restoration plan approved by the county. v. The county may require a bond or other security to guarantee retention of existing trees during construction. In the event any trees designated by the county to be retained are removed, the county shall have the option of enforcing any bond posted, or require additional trees which may be in excess of those previously in existence. vi. Any primary project permits, clearing permits, conversion plans, or logging operations shall require, as part of the permit, an approved logging plan designed to preserve the area's ability to naturally attenuate stormwater impacts resulting from the development activity. vii. Trees may be removed under the following circumstances: (A) immediate trunk failure potential; (B) fire prevention; (C) health of tree where there are obvious signs of infestation, incurable disease or stress that would likely lead to premature trunk /root failure; (D) encroachments where the trunk, branches or roots would be, or are, in contact with main or accessory structures; or (E) where utilities would unavoidably cut through the root system. (e) (fj A vegetation plan must accompany the application and be approved by the technical administrator before clearing activity takes place. The EXHIBIT A vegetation plan may be created and drawn to simple standards by the permit applicant. A vegetation plan shall have the following components: • Identification of all areas that will be undisturbed; • Identification of areas to be re- vegetated; • The inclusion of vegetation that contributes to soil stabilization; • A planting schedule that indicates the time frame for re- vegetation. • Provisions for maintenance and monitoring. (f) M Financial Assurance of Performance. The county may require financial assurance to ensure compliance with the requirements of this section. (q) (#) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 — Enforcement and Penalties.