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HomeMy WebLinkAboutord2001-067WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 - 377 B CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept.: 12/12/2001 O E G E � �q LS v DEC 1 1 2001 WHATCOM CioUNN COUNCH IJ 4 12/11/2001 Full Council Division Head: Dept. Head: Prosecutor: 11- 12.-11 Budget: Executive: SUBJECT: Ordinance emergency moratorium on new applications Lake Whatcom Watershed ATTACHMENTS Ordinance SUMMARY STATEMENT: Related County Contract #: -Should the Clerk schedule a hearing? (Y/N Requested Date: Ordinance imposing an emergency moratorium on the acceptance of new applications for subdivision of land into parcels smaller than five acres within the Lake Whatcom Watershed. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN. 2001 - 377 B a #2001 -061 ended and adopted 5 -1, Dawson opposed Ord Related File Numbers: Ordinance or Resolution Number (this item only): ©(zp*2CCI-001 SPONSORED BY: Consent PROPOSED BY: Nelson INTRODUCTION DATE: December 11. 2001 ORDINANCE # 2001 -067 IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE 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future and current residential development within the Lake Whatcom Watershed will degrade the quality of water that is withdrawn from the lake for drinking water purposes; and WHEREAS, there are a variety of land use - related pollutants that can adversely impact lake water quality which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, due to the rate of current application filings, it is necessary to have this ordinance take effect immediately in order to prevent future subdivision or short plat applications from vesting under current law and thus subverting the purpose of this ordinance; and Page 1 WHEREAS, the Whatcom County Charter limits an emergency ordinance to a period not to exceed 60 days from the effective date of adoption, and WHEREAS, the Whatcom County Council is required to hold a public hearing on this issue within 60 days of the adoption of this ordinance; and WHEREAS, the Whatcom County Council finds the emergency moratorium imposed by this ordinance is necessary for the protection of public health, safety, property, or peace. NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council that an emergency moratorium is hereby imposed on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five acres in the Lake Whatcom Watershed unless the applications were complete, as provided in Whatcom County Code, prior to December 11, 2001, the effective date of this ordinance. BE IT FINALLY ORDAINED that this emergency ordinance shall take effect immediately and shall expire 10 working days from this date, unless repealed or extended beforehand. ADOPTED this 11 day of December r 2001 Dana Brown - Davis, Council Clerk APPROVED as to form: Civil putt' Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ward Nelson, Chairperson ( p O Denied Pete Kremen, Executive Date: Id - /)--0/ Page 2