HomeMy WebLinkAboutord1990-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. '
13/27/90 I P &D /Coahcil
MAR 0 B 1990
WHATCOM COUNTY
COUNCIL,--
SUBJECT: FILE NO: 09 -90:DS AN ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
DEVELOPMENT STANDARDS RELATING TO CLEARING (IF FOREST LAND FOR A NON- FORESTRY USE
ATTACHMENTS: Agency Report
Staff Report
Draft Ordinance
Exhibit A
Public Hearing Needed? Yes /—/ No /X/
SUMMARY STATEMENT: County Planning Department has requested that amendments be made to the
Whatcom County Development Standards to address clearing of forest land for a non - forestry
use.
RECOMMENDED ACTION: Planning Commission and staff recommendation is for adoption of
ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
3/27/90 -Passed
Related File Numbers: Ordinance or Resolution NumbeP 90-24.-.
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FILE REF: 09 -90:DS
ORDINANCE NO.
INTRODUCED BY:
PROPOSED BY:
DATE:
90 -24
Consent
YLANN! N&
AN ORDINANCE ADOPTING AMENDMENTS
TO THE WHATCOM COUNTY DEVELOPMENT STANDARDS RELATING
TO CLEARING OF FOREST LAND FOR A NON- FORESTRY USE
WHEREAS, the Whatcom County Planning Department has requested that amendments
be made to the Whatcom County Development Standards relating to land clearing of
forest land for a non - forestry use; and
WHEREAS, pursuant to RCW 90.58.120 and Council directive legal notice was
published in the Westside Record Journal and Lynden Tribune on February 7, 1990 and
in the Bellingham Herald on February 10, 1990; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA
Official on February 20, 1990; and
WHEREAS, the Planning Commission held a public hearing on this matter on February
20, 1990, and heard all public testimony; and
WHEREAS, at the conclusion of the hearing the Planning Commission deliberated
on the testimony and content of the proposal, and staff's draft was accepted with
modifications worked out by the Planning Commission at their work session held on
March 7.
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
1. The Whatcom County Development Standards are hereby amended as set forth in
Exhibit "A" which is attached hereto and incorporated herein by reference.
2. The Council finds the public health, safety and general welfare are promoted by
this change.
3. The Council adopts the following findings and conclusions developed by the staff
and the Planning Commission:
FINDINGS
A. Conversion of forested land is increasing, reflecting the rapid state of
development currently taking place in Whatcom County, the harvestable age
of nearby forests, and the high demand for logs. The resulting land
clearing has a significant impact on the community and the environment.
B. The County is receiving an increasing number of complaints relating to
clearing activity on forested land and is encountering an increasing number
of incidents in which self regulation is not taking place and off -site
impacts are occurring.
C. The Washington Forest Practices Rules and Regulations do not adequately
address drainage problems, off -site sediment and erosion, aesthetic
considerations, and other impacts associated with the development of urban
and residential areas where forested land is being converted to urban
property. In such cases, State standards are frequently not adequate and
the DNR does not have the resources to enforce them.
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FILE REF: 09 -9 )S
Page 2
D. Whatcom County does not require a "license" when logging or land clearing
takes place. This means that the County has no legitimate way to take the
SEPA "lead agency" status offered to it by the state, and consequently has
no real authority to condition or deny "Class IV - general" forest practice
permits.
E. Whatcom County has drainage and land alteration regulations found in
Division 3 of the Whatcom County Development Standards but they do not
become effective until an application for a development permit has been
made.
F. The County has adopted development standards relating to forest practices
that are applied to Class IV general forest practices. However, without
an accompanying County permit these standards do not comply with the
provisions of RCW 76.09.240 and as such are not legally binding.
G. In cases where a forest practice application is not needed because no
trees are hauled off -site, there currently are no regulations that apply
to the initial clearing of land.
H. A substantial amount of clearing and land alteration in the urbanizing
areas of Whatcom County are currently taking place with little or no public
review to insure proper erosion and sedimentation control during the
formative stages of development when it is needed most.
I. The proposed clearing regulations would require a permit for any land
clearing involving conversion of the land to a non - forestry use. This
would fill a regulatory vacuum that existed at the beginnign of the
development process. The implementation of these regulations will require
a commitment on the part of the developer to conform to County development
standards prior to any activity on site.
J. The Lake Whatcom Watershed provides water to a substantial portion of the
Whatcom County community and as such requires greater protection from
potential water polluting sources.
K. If regulations are adopted, additional technical staff will be needed to
adequately implement them.
CONCLUSIONS
The addition of clearing regulations relating to forested land will fill a
regulatory vacuum that exists at the formative stages of development in Whatcom
County. As the population of the County grows, conversion of forested land for
development has increased and will continue to increase. The maturing stands
of trees in areas designated for development and the high demand for logs is
contributing to the conversion process as well. The resulting land clearing that
is taking place has resulted in significant environmental and aesthetic impacts
to the community. The implementation of clearing regulations relating to
forested land will help mitigate these impacts and ultimately reduce long term
costs to the community.
4. 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.
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PASSED this 27th
ATTEST:
day of March
w 2ez���
Clerk of the Council
APP AS TO FORM:
R Bert A. Carmichael,
Civil Deputy Prosecuting Attorney
FILE REF: 09 -9 'S
Page 3
, 1990.
WHATCOM COUNTY COUNCIL
WHATCOM COU -Y, WASHINGTON
Donald H n ey, Chai person
(✓j APPROVED ( ) VETOED
AL Lf24
Shirley Van Zan en, Co y Executive
Date Y4, 90
March 28, 1990 Exhibit A
File Ref: #09 -90:DS Ordinance #90 -24
EXHIBIT A
PROPOSED AMENDMENTS TO WHATCOM COUNTY DEVELOPMENT STANDARDS
LAND CLEARING RELATED TO CONVERSION OF FOREST LAND
TO A NON - FORESTRY USE
Amend the Whatcom County Development Standards 1.002.11 to read:
11. , resit= praGtiGQs,as defined in shaptrer 76 09 RGW, where (a) t,114
,app! i,r.atinn �orpfnrn �hmi+ted to the i_rn�onn Ct� +o Department of
app! vr� vr-�- vm•rvc —vim— � vtr— v-vav� `"' YYscr-vrrr�I�vr
Na* as Resources ;;9T060, —as–„o or bprein +al=ter amended,
Tn4T� o e s t hoc -1 2 n d iz will hp r n n� i e�"� to -a a i ee wi�re� trHa'r�mnre��4r
;r;e� ,;;e;;ienf er— zh;— t�ki�feTesk- Prarc� ism -essur an lids -wlE
aTe —h�e� —Pled afker da ^T. r� -1, 1-960. Land clearing related to
conversion of forest land to a non - forestry use.
Amend Whatcom County Development Standards division 1.000 to include section
1.0011 and to have it read as follows:
1.011 Fees
A land clearing permit fee relating to section 3.101 shall be required at
the time that application for the permit is requested. The fee shall be
fifty ($50) dollars for land clearing up to five acres. An additional ten
($10) dollar fee shall be imposed upon the applicant for each additional
acre up to a maximum of $500.00.
Amend the Whatcom County Development Standards 3.100 to read:
3.100 LAND ALTERATIONS SUBMITTAL REQUIREMENTS
3.101 Land clearing related to conversion of forest land to a non - forestry use
A. A permit is required for any land clearing involving conversion of forested
lands to a non - forestry use.
1. Zonin4 districts Dermittina densities of one unit Der acre or
greater: Primary development permits are required prior to the
approval of a clearing permit on all property located in a zoning
district that allows commercial or industrial development, and for
residential development in zoning districts permitting densities of
one unit per acre or greater. As of March, 1990, these residential
zoning districts include Urban Residential, Urban Residential Medium
Density, and the Residential Rural District.
2. Zoning districts Dermitting densities less than one unit per acre:
Primary development permits are not required prior to the approval
of a land clearing permit for property in a zoning district that
Pg 1 1
March 28, 1990 Exhibit A.
File Ref: #09 -9O:DS Ordinance #90 -24
allows development at a density of less than one unit per acre,
provided that a Conversion Plan is submitted with the clearing permit
application as described in 3.101.0 and is approved by Whatcom
County.
B. The following standards shall apply to lands being converted to a non -
forestry use, except where these standards conflict with the provisions
of an approved primary development in which case the primary development
requirements will take precedence:
1. Stream and Lake Buffers:. A 50 foot (50') no- entry /no -cut vegetative
buffer (measuring from the ordinary high water mark) shall be
retained on each side of a Type 1, 2, & 3 water (water type
definitions found in WAC 222 -16 -020). A 25 foot no- entry /no -cut
vegetative buffer shall be retained on each side of a Type 4 & 5
water.
2. Wetland Buffers: A 50 foot no- entry /no -cut vegetative. buffer
(measuring from the OHWM) shall be retained around the perimeter of
a wetland in which surface water drains from the wetland. A 25 foot
no- entry /no -cut vegetative buffer shall be retained around the
perimeter of a wetland in which no surface water exits the wetland.
3. Perimeter Buffers: A fifty foot (50') no -entry vegetative buffer
shall be retained around the entire perimeter of the subject
property. Trees 12" diameter breast height (DBH) and larger.may be
removed from the buffer when necessary to protect against bl.owdown.
However, any exposed buffer area shall be stocked with vigorous
undamaged seedling trees at eight foot (8') intervals where necessary
to filter sediment and provide a visual buffer while development
takes place.
4. Required erosion control measures shall be constructed prior to
vegetation clearing and maintained to the satisfaction of the County.
5. When a project is phased, the vegetation clearing must also be
phased.
6. Unless otherwise approved, clearing is limited to the period between
April 1 and October 1.
C. Applications for land clearing permits shall be made to the Department of
Public Works and shall be accompanied by a Conversion Plan which shall
include the following:
1. A general site plan outlining the location of property boundaries,
roads, building sites, areas to be cut, buffers, drainage ways,
streams and wetlands. The plan shall be at a scale deemed to be
adequate by the County and include contour lines at appropriate
intervals.
2. A Temporary Erosion Sedimentation Control Plan in accordance with
Whatcom County Development Standards (Subsection 3.301).
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March 28, 1990 Exhibit A
File Ref: #09 -9O:DS Ordinance #90 -24
2. A Temporary Erosion Sedimentation Control Plan in accordance with
Whatcom County Development Standards (Subsection 3.301).
3. A Preliminary Drainage Study in accordance with Whatcom County
Development Standards (Subsection 3.001) when applicable.
4. A Revocable Encroachment Permit when applicable.
5. Other proposed mitigation efforts.
6. A statement declaring the type and scale and schedule of future
development plans.
7. Additional information may be requested from the applicant on a case
by case basis.
8. The applicant is required to post a performance bond or other
monetary security as approved by the Prosecuting Attorney at an
amount equal to one hundred and twenty five percent (125 %) of the
estimated cost of clearing. If there is a clearing violation a
portion of the bond will be used as needed to repair the damages. If
the repairs result in costs greater than the amount of the bond, the
applicant shall be liable for the difference.
D. Exemptions:
1. A building permit for a single family dwelling and accessory
structures where the proposed site is one acre or less except those
proposals within the Lake Whatcom Watershed. Upon utilization of
this exemption, future development proposals shall be.restricted for
a period of two years from the time that the building permit is
issued.
2. Clearing of four or fewer contiguous lots on existing subdivisions
platted after December 6, 1984 and not totaling more than one acre.
3. _ Removal of „trees or ground cover on partially developed lots of
_greater than one acre, for the purpose of general property and
utility maintenance.or landscaping.
74. Driveways and roadways which do not exceed 500' and are not over 80%
in grade on any portion of the route, except those development
proposals,- within the Lake Whatcom Watershed.
5. Clearing of ten (10)'acres or less when the property is located in
the Agriculture zone, provided that the property is not located in
the Lake Whatcom watershed.
E. - Court Enforcement and Penalties:
1. Any person, firm or corporation who fails to obtain a land clearing
permit in violation of this ordinance or who fails to comply with
conditions of this clearing permit shall be guilty of a civil
offense and shall be fined a sum not to exceed one thousand dollars
Pg 3
March 28, 1990
File Ref: #09 -90:DS
Exhibit A
Ordinance #90 -24
2. The penalty provided in the above section shall be imposed by a
notice in writing, either by certified mail with return receipt
requested or by personal service, to the person, firm or corporation
incurring the same from the Whatcom County Public Works Department.
The notice shall include the amount of the penalty imposed and shall
describe the violation with reasonable particularity in ordering the
acts or acts constituting the violation or violations to cease and
desist or, in appropriate cases, requiring necessary corrective
action to be taken within a specific and reasonable time.
3. Within thirty (30) days after the notice is received, the person
incurring the penalty may apply in writing to the Public Works
Department, for remission or mitigation of such penalty. Upon receipt
of the application, said department may remit or mitigate the penalty
upon whatever terms the department in its discretion deems proper.
The Public Works Department's final decision on mitigation or
revision shall be reviewed by the County Council if the aggrieved
party files a written appeal therewith of said decision within ten
(10) days of its issuance. The decision of the County Council
regarding the penalty imposed shall be final.
4. The Prosecuting Attorney may in his discretion, bring such
injunctive, declaratory or other actions as deemed necessary to
ensure that violations of this ordinance are prevented or cease, and
to otherwise enforce the provisions of this ordinance.
5. If clearing has occurred on a site without a valid permit as required
by this ordinance, any and all permits or approvals issued by the
Department of Public Works may be denied for that site for a period
of up to six (6) years. In addition, prompt restoration of the site,
using approved reforestation methods, will be required.
6. In the event any person, firm or corporation violates any of the
provisions of this ordinance, the Department of Public Works shall
cause a- notice of violation to be delivered to a person of suitable
age at the clearing site and order all work to cease until authorized
to proceed. Failure to comply with the order to stop work shall be
a gross misdemeanor punishable upon conviction by a minimum fine of
five hundred dollars ($500.00) up to a maximum fine of one thousand
dollars ($,1,000.00) or one (1) year in jail, or both. Under no
circumstance may the court defer or suspend any portion of the
minimum five hundred dollar ($500.00) fine for any conviction under
this section. Each day or part thereof of noncompliance with said
order to stop work shall constitute a separate offense.
F. The Department of Public Works shall issue all land clearing permits. The
Director of Planning shall exercise the authority of Whatcom County with
respect to the review of Forest Practices applications under RCW Chapter
76.09, including the authority to impose conditions on such applications
and to commence appeals. The Departments of Planning and Public Works shall
jointly implement procedures for the review and processing of forest land
conversions involving both a Forest Practices application and a land
clearing permit.
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March 28, 1990 Exhibit A
File Ref: #09 -90 :DS Ordinance #90 -24
G. Definitions:
1. "CONVERSION ". The act of clearing forested land to prepare it for
a use no longer compatible with timber growing.
2. "FORESTED LAND ", as defined in RCW 76.09.020, shall mean all land
which is capable of supporting a merchantable stand of timber and is
not being actively used for a use which is incompatible with timber
growing.
3.. "NO ENTRY /NO -CUT VEGETATION BUFFER" requires that the buffer be left
in it's undisturbed state.
4. "NO ENTRY VEGETATION BUFFER" means that trees shall be removed
without damage to the buffer and without compaction to the buffer
vegetation. The operator is required to cut merchantable timber so
that it falls away from the buffer.
5. "NON- FORESTRY USE" is an active use of land which is incompatible
with timber growing.
6. "PRIMARY. DEVELOPMENT PERMITS" shall include:
a. All short plats, long plats and binding site plans;
b. Major development permits;
c. Planned Unit Developments;
d. Zoning conditional use permits;
e. Shoreline development permits.
7. "WETLANDS" (current definition in section 1.101 of The Whatcom
County Development Standards) are those areas that are inundated or
saturated by surface or groundwater at a frequency and duration
sufficient to support and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
Existing numbering and contents shall be renumbered as follows:
3.102 Relationship with Drainage Submittal
(existing contents)
3.103 Other land Alteration Actions
(existing contents)
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