HomeMy WebLinkAboutord1985-051Di II -- July 2, 1985
1 INTRODUCED BY: Consent
2 PROPOSED BY: Planning
3 DATE: June 20, 1985
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5 ORDINANCE NO. 85 -51
6 ORDINANCE AMENDING INTERIM ZONING
ORDINANCE TO ALLOW FOR SAND OR
7 GRAVEL EXTRACTION WITHIN THE
AGRICULTURAL DISTRICT.
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9 WHEREAS, the Whatcom County Planning Commission has
10 recommended an amendment to the Interim Zoning Ordinance to
11 allow for the excavation of sand and gravel within the
12 Agricultural District; and
13 WHEREAS, all of the required procedural steps were
14 followed by the Commission in order to reach their findings and
15 recommendations to the Council; and
16 WHEREAS, the Whatcom County Council agrees that it is
17 in the best interest of the public welfare to adopt the zoning
18 changes recommended by the Whatcom County Planning Commission;
19 NOW, THEREFORE, BE IT ORDAINED that Section 2.24.270,
20 the Agricultural District of the Interim Zoning Ordinance, shall
21 be amended by adding the following new sections:
22 .100 ACCESSORY USES
23 .109 Noncommercial extraction of sand or gravel or both;
24 provided the top soil remains on site.
25 .150 CONDITIONAL USES
26 .164 Commercial extraction of sand or gravel or both, and
27 accessory washing and sorting; provided the Hearing
28 Examiner has determined, through information provided
29 by the applicant, that:
30 (1) The operation(s) will not result in exca-
31 vation, or location of structures, buildings
32 1 or nonmobile machinery within 500 feet of
ORDINANCE -1
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any zone other than Forestry Qi ndustrialr_a0d�
will not_result_in_ the igcation of st pctu_rgs_L
buildings or nonmobile machinery within 100
feet pf_a_djo1pjDa property lines,
T e operationjsj_ will_.not impair lateral
support, or cause earth movements such as
slump,_Q eep_or landslidgl_or_ cause soil
erosion or sedimentat DD_.beyond the exterior
property lines of_ be site_
(3) !be operationis,Lwill_be in_compliancg with
other ordinances_ and laws_ such as, but_not
limited_tol_the Soreing Management Program.
the Whatcom_ County_SEPA —. rd nancel_ the_ Washing_
ton State Surface Mining Act_1RCW_78_44), Ilbg
urfaceMine B atin WAC_32 =
_ _ - _.L 318J
and the _Washington_State drsulic_ Act_1RCW
L1_
L4% The operation( Lwill_ have _.sufficient _ water_for
washi_ng_sand_or_gravgl_or both,.-and will_ennploy
et ods_to minimize sedimentation of water
sourcesl_if_applicable.
11 The site contains _sand_or _ gravel__resources.
11 The site _is_.underlain_by_soils_which_ are
identified_in_ the Soil_Suryey__._Whatcom_County
Washinyton_iSoil_ Conservation_ Service)._as
Probable sources .of_sand_or_gravel_or_bothj_as
applicablg_
_Wtiatcom County's intention _to_protect_the_yalue�_use_and
ment_of adjacent_ progerties�_ as _well_as_provide_for_subseguent
ultural_or_related uses_ of _the_sitg.__The_Hearing_Examnec
consider and_may_impose_.the_fo llowing_as_conditions _ of _
,val in order to_further the above_ objectives:
Ordinance - 2.
Amended by Plan. & Dev. Comm.
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(7) Hours.of operation.
8) Buffer areas and visual screening.
(9) Protective fencing and posted "no
trespassing" signs.
(10) Drainage and stormwater runoff control.
(11) Haul Road agreements.
(12). Setbacks for the excavation area; or
structures, buildings or nonmobile
machinery associated with extraction,
washing or sorting; that will be
adequate to minimize potential adverse
impacts to adjoining properties or
county road rights -of -way.
(13) Extraction depth that will not be deeper than
five (5) feet above the regional water table,
computed on the basis of a yearly average
elevation, and as determined by well log
data or other geologic or hydrologic data.
(14) A reclamation plan that will provide for:
stock piling topsoil for sub-
sequent use during reclamation;
(b) topsoil to be protected by seeding
during the time it is stock piled;
(c) reclamation in two (2) to ten (10)
acre increments, as appropriately
responsive to the size and intensity
of the particular excavation activity;
seeding to be accomplished annivally
by September 30;
(d) reclamation materials that will be
nonnoxious, nonflammable and non -
combustible;
ORDINANCE -3
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(e) the intended subsequent agricultural
or related use of the site, consistent
with the permitted, accessory and
conditional uses of the Agriculture
Zone District;
(f) reclaimed side slopes that are appro-
priate for the subsequent use of the
site, which in no case shall be
steeper than one and one -half (1 1/2)
feet horizontal to one (1) foot vertical;
vegetative cover that is appropriate to
the intended subsequent use of the site.
(h) final topography that is consistent
with the surrounding area.
(15) Performance bonds that ate intended to assure the
provisions of the reclamation.plan, WCC 2.24.270.164
(14.c, 14.d, 14.f and 14.g) are accomplished;
provided:
(a) the Whatcom Count Public Works Department
shall determine the amount and administer
the performance bond when the proposal is
the extract less than 10,000 tons of sand
or gravel or both per year, or when less
than two (2) acres of surface area will
be disturbed per year; or
(b) the Washington Department of Natural
Resources shall determine the amount and
ORDINANCE -4
administer the performance bond . when the
thresholds of extraction in 15.a, above,
are exceeded.
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BE IT FURTHER ORDAINED that Section 2.24.840 of the
Interim Zoning Ordinance shall be amended by adding the new
definitions as follows:
2.24.840 DEFINITIONS
EXTRACTION, COMMERCIAL. Extraction of sand or gravel or both
from a site when the primary purpose of extraction
is to obtain the minerals for road construction,
building construction, ready -mix, re -sa.le or other
uses in which the minerals will be processed.
EXTRACTION, NONCOMMERCIAL. Extraction of sand or gravel or
both from a site when it is incidental to a primary
agricultural use, when it is intended to enchance
agricultural productivity and when it will facilita
more uniform management of agricultural land.
BE IT FURTHER ORDAINED that all Sections under 2.24,
unless specifically mentioned
herein, shall remain in full force
and effect.
PASSED this 11th day of July 19 85
WHATCOM COUNTY COUNCIL
ATTEST:
WHATCOM COUNTY, WASHINGTON
C ROL. EBERG OI
WILLIAM P. ROSH rman
Clerk of the Council
( ✓) APPROVED ( ) VETOED
APPROVED AS TO FORM:
DD n
SHIRLEY `ZAN`1'
all
County Executive
RAND AL TTS',-C-Civil
Deputy Pros cuting Attorney
July 12, 1985
Date Signed by Executive
Published on June 26, 1985 and July 17, 1985
This Ordinance will become effective on July 22, 1985
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