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HomeMy WebLinkAboutord2001-066WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -377 A CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept.: County Council 11/20/2001 11/272001 Council Division Head: Dept. Heatl: Prosecutor: )�p/ Budget: Executive: SUBJECT: Ordinance imposing a Moratorium - Lake Whatcom Subdivision ATTACHMENTS Ordinance SUMMARY STATEMENT: Related County Contract N: Should the Clerk schedule a hearing? (YM Y Requested Date: 12/11/2001 Ordinance imposing a moratorium on the acceptance of new applications for subdivisions of land into parcels smaller than five acres within the Lake Whatcom Watershed. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN- 2001 -377A 1112712001: Introduced 12111/2001: Amended and adopted 6 -0, Imhof absent, Ord. #2001 -066 Related File Numbers: Ordinance or Resolution Number (this item only): MD, * A[ - Nob SPONSORED BY: Consent PROPOSED BY: Nelson INTRODUCTION DATE: November 27, 2001 ORDINANCE No. 2001 -066 IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE NOMINAL ACRES WITHIN THE LAKE WHATCOM WATERSHED WHEREAS, Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County; and WHEREAS, the preservation and protection of drinking water is a top priority of the Whatcom County Council; and WHEREAS, Whatcom County Code 20.71 establishes the Lake Whatcom Watershed as a Water Resource Protection Overlay District, Stormwater Special Management Area, and a Water Resource Special Management Area; and WHEREAS, the Whatcom County Comprehensive Plan, adopted on May 20, 1997, establishes the Lake Whatcom Watershed as a Special Study Area; and WHEREAS, there are concerns that future and current residential development within the Lake Whatcom Watershed will degrade the quality of water that is withdrawn from the lake for drinking water purposes; and WHEREAS, there are a variety of land use - related pollutants that can adversely impact lake water quality which may lead to violations of the Safe Drinking Water Act (SDWA); and WHEREAS, information is needed to predict and evaluate the amount of pollution from existing and future development in the Lake Whatcom Watershed; and WHEREAS, there are approximately 1,000 parcels within the Lake Whatcom Watershed that can be further subdivided to create approximately 2,000 additional parcels; and WHEREAS, priority actions to protect the drinking water supply should include strategies to address existing development, future development, and emergency or spill response; and WHEREAS, the Whatcom County Council finds the interim moratorium imposed by this ordinance is necessary for the protection of public health and safety; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - Significance on November 26, 2001; and WHEREAS, the Whatcom County Council held a public hearing on this issue on December 11, 2001. Page 1 NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council that a moratorium is hereby imposed on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five nominal acres in the Lake Whatcom Watershed unless the applications were complete, as provided in Whatcom County Code, prior to the effective date of this ordinance. BE IT FURTHER ORDAINED that within 180 days of the effective date of this ordinance, the Whatcom County Council requests that the Administration develop the following policies: 1. Single Family Best Management Practices for potential pollutant loading. 2. Subdivision Best Management Practices and standards for stormwater management, roads, and design. 3. Development of a Stormwater Program to include the requirement that new development effectively reduces the net pollutant produced by the project to a negative 10 percent to provide lake water quality protection at 110 percent. 4. Create techniques as needed to prepare plans, specifications, financing, and construction of surface water utility treatment facilities to be available for existing and future development within the Lake Whatcom watershed and for the benefit of all residents and property owners within Whatcom County. BE IT FINALLY ORDAINED that this ordinance shall expire on the 181'` day following its effective date. ADOPTED this 11th day of December, 2001 APPROVED as to form: Civil Deputy l4secutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY. WASHINGTON L. Ward Ison, Chairperson ( Approved ()Denied Pete Krem n, Executive Date: J WA-l>001 Page 2