HomeMy WebLinkAboutord2016-045WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2016 -257
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Cliff Strong
64
8131116
LE C E V E D
SEP U 6 2016
9113116
Natural Resources
Division Head:
Mark Personius
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9/27/2016
Nat. Res. /Intro.
Dept. Head:
Sam Rvan
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10/11/2016
Public Hearing
Prosecutor:
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Rovice Buckingham
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WHATCOM COUNTY
Purchasing /Budget:
COUNCIL
Executive:
Jack Louws
TITLE OFD ENT: An ordinance amending Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of
the Whatcom County Code to make Low Impact Development (LID), a stormwater and land use strategy that
strives to mimic natural hydrologic processes, the preferred approach to site development by minimizing
impervious surfaces, native vegetation loss, and stormwater runoff.
ATTACHMENTS:
A. Staff memo dated 8/30/163
B. Draft Ordinance Effecting the Proposed Code Amendments
C. Map of NPDES Phase 11 Permit Area and Special Stormwater Districts
SEPA review required? ( X )Fes ( ) NO
Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date: October 11, 2016
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Whatcom County is considering amendments to Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the
Whatcom County Code to integrate Low Impact Development (LID) principles and Best Management Practices
(BMPs) into the County's codes and standards in order to meet the state's 2014 NPDES Phase 2 Permit
requirements. A secondary goal is to simplify the County's stormwater regulations (there are currently six
different sets of regulations for eight different geographic areas of the County). The draft proposal includes
revisions to the County's land use codes (Titles 20 and 21) and development standards, adoption of the 2014
Ecology Stormwater Manual (outright in urban ( NPDES) areas of the County and with raised thresholds in the
rural areas), and restructuring of the watershed /stormwater management areas.
1
COMMITTEE ACTION.•
COUNCIL ACTION.•
9/13/2016: Presented and discussed
9/27/2016: Introduced 7 -0
9/27/2016: Discussed and forwarded to Council for
10/11/2016: Adopted 6 -1, Brenner opposed, Ord. 2016 -045
Introduction
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2016 -045
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us /council.
PROPOSED BY: Public Works Dept.
INTRODUCTION DATE: September 27, 2016
ORDINANCE NO. 2016 -045
AN ORDINANCE AMENDING CHAPTERS 20.51, 20.71, 20.80, 20.85, 20.97 AND TITLE 21 OF THE
WHATCOM COUNTY CODE TO MAKE LOW IMPACT DEVELOPMENT (LID), A STORMWATER AND LAND
USE STRATEGY THAT STRIVES TO MIMIC NATURAL HYDROLOGIC PROCESSES, THE PREFFERED
APPROACH TO SITE DEVELOPMENT BY MINIMIZING IMPERVIOUS SURFACES, NATIVE VEGETATION
LOSS, AND STORMWATER RUNOFF.
WHEREAS, the Clean Water Act provides the statutory basis for the National Pollutant Discharge
Elimination System (NPDES) Permit Program and the basic structure for regulating the discharge of
pollutants from point sources to waters of the United States; and
WHEREAS, a requirement of the NPDES Western Washington Phase II Municipal Stormwater
Permit (NPDES Permit) under which the County has coverage directs the County to implement and
enforce a program to reduce pollutants in stormwater runoff to a regulated small MS4 from new
development and redevelopment; and
WHEREAS, a performance measure of controlling runoff from new development and
redevelopment is to implement an ordinance or other enforceable mechanism that addresses runoff
from new development, redevelopment; and
WHEREAS, a Special Condition under the NPDES Permit requires Permittees to review, revise
and make effective within their local development - related codes, rules and standards to incorporate
and require low impact development (LID) principles and best management practices (BMPs) on or
before December 31, 2016; and
WHEREAS, the intent of these revisions is to make LID the preferred and commonly -used
approach to site development by minimizing impervious surfaces, native vegetation loss and stormwater
runoff in all types of development situations; and
WHEREAS, Whatcom County has shown a commitment to protecting and restoring receiving
water bodies through a variety of watershed and basin plans; and
WHEREAS, after public notice as required, the Whatcom County Planning Commission held a
public hearing on July 28, 2016, reviewed the public record, and made a recommendation regarding the
proposed low impact development code updates to the County Council; and
WHEREAS, the County Council has adopted the following Findings of Fact:
FINDINGS OF FACT
1. The purpose of the proposal to amend Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of
the Whatcom County Code is to make LID the preferred and commonly -used approach to site
development.
2. The proposed amendments have been drafted in response to staff and consultant
recommendations, public comment, and recommendations by the Planning Commission. The
amendments as proposed minimize impervious surfaces, native vegetation loss, and stormwater
runoff from all types of development.
3. In addition to the creation of a project website and the formal adoption process, public
participation was solicited through the formation of Stakeholder Advisory Committee,
comprised of designers, developers, engineers and representatives from other agencies such as
neighboring cities and tribes. Six stakeholder meetings were held between September 2015 and
July 2016 where the committee provided input on revisions to policies, codes and standards.
4. An open house was held with the Building Industry Association of Whatcom County on June 29,
2016. Comments raised included questions about who would be responsible for maintenance of
LID facilities located within the right -of -way, and a proposal to link stormwater management
requirements outside of the NPDES Phase II Permit area to the percentage of lot coverage,
rather than square footage.
5. The Whatcom County designated SEPA Official (lead agency) reviewed the proposed
amendments to Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the Whatcom County
Code and made a determination that no probable significant adverse impacts to the
environment would be likely to occur as a result of adopting the proposed amendments. This
decision was made after a review of the completed SEPA Environmental Checklist on file with
the lead agency, referenced under File No. SEP2016- 00075. A 14 -day comment period ending on
August 19, 2016 was established for the DNS. No comments were received. At the conclusion of
the comment period, a 10 day appeal period was established. No appeals to the determination
were filed.
6. On August 22, 2016, a "60 Day Notice of Intent to Adopt Amendment" was submitted to the
Washington State Department of Commerce via email in regards to the subject amendments.
On August 23, 2016, the Washington State Department of Commerce replied to confirm that the
County had fulfilled this requirement, and that the 60 Day Notice was filed for reference under
Material ID 22753.
7. Notice of the Planning Commission public hearing scheduled for July 28, 2016 was sent to
citizens, the media, cities and other groups on the County's email list on July 15, 2016.
8. The Planning Commission held a scheduled public hearing on the proposed amendments on July
28, 2016.
9. The Planning Commission held a work session on the subject amendments following the public
hearing on July 28, 2016. An additional work session /deliberation was held on August 11, 2016.
10. At the July 28, 2016 public hearing and the August 11, 2016 work session /deliberation, only one
member of the public testified to the Planning Commission, who spoke about the proposed
amended thresholds for stormwater management outside of the NPDES Phase II Permit area
Page 2 of 46
and Stormwater Special Districts. The thresholds for when the minimum requirements are
triggered for stormwater management for development outside of the NPDES Phase II Permit
area and Stormwater Special Districts are proposed to be based on land use intensity.
11. During the work session of the July 28, 2016 meeting, Planning Commissioners directed staff to
explore a number of items related to the subject amendments including:
• Providing information of the costs of LID BMPs required by the Stormwater
Management Manual and the impacts of adopting the amended thresholds County-
wide on single - family residential and agricultural land uses.
• Reorganizing the tables in WCC 20.80.630, such that the tables are separated for the
thresholds in the Special Stormwater Districts and all other areas in the County outside
of the NPDES Phase II Permit area and the Special Stormwater Districts.
• Clarify the sections on tree retention in WCC 20.51 and 20.71 such that the titles stand
out and are easy to follow.
• Revise the definition for significant tree such that it is located with the other tree
definitions in WCC 20.97 and the diameter at breast height for which a tree is
considered significant is raised from the original proposal of 6 inches, to 12 inches for
evergreen trees and 8 inches for deciduous trees.
• A number of minor changes to wording such that the language is clarified and removes
ambiguity or contradictory statements.
12. Between the first and second Planning Commission meetings, staff and their consultants
conducted research on the costs of LID BMPs and the impact of adopting the amended
thresholds on single - family residential and agricultural land uses. Staff and their consultants
prepared responses to the issues raised by the Planning Commission in a memorandum dated
August 2, 2016 and drafted a new "Attachment A" (dated August 11, 2016) to reflect Planning
Commission changes resulting from the July 28, 2016 meeting.
13. At the Planning Commission meeting held August 11, 2016 meeting, after considering staff's
responses and recommendations, and public comment, Planning Commissioners deliberated on
the subject amendments through a series of motions, and voted to recommend that the
Whatcom County Council adopt amendments to the text of the Whatcom County Code, Titles 20
and 21, with direction for staff to make the edits as so motioned during the work session,
described below and shown in "Attachment A" attached to this ordinance:
• The site plan required for tree removal applications in WCC 20.51 and WCC 20.71 is
edited to be a site "sketch" that a homeowner or lay person could complete without any
detailed knowledge of the site that may require consultant assistance to prepare.
• Penalties may be assessed for tree removal without a permit. Trees that are not
replaced may be subject to a fine.
• The land use intensity table in WCC 20.80.630 is amended such that single - family
residential uses on lots greater than or equal to 25,000 square feet are considered "low
intensity" land uses for the purposes of determining if the minimum requirements for
stormwater management are triggered. This was lowered from 1 acre lots, thus
encompassing more single - family residential lots in the low intensity land use category,
Page 3 of 46
rather than medium intensity land use category. The minimum requirements for single -
family residential uses on lots greater than 25,000 square feet are limited to a
stormwater site plan, erosion and sediment controls during construction, and preserving
natural drainage or wetlands if they exist on the site. A note was added to the table that
these requirements do not likely require preparation by a qualified professional.
• A number of minor text changes were made for clarification purposes or to resolve
formatting issues.
14. Pursuant to Whatcom County Code 20.90.050, Whatcom County Planning and Development
Services has evaluated the proposed amendments in relationship to the goals, objectives and
policies of the Whatcom County Comprehensive Plan as authorized by the Washington State
Growth Management Act (GMA) — RCW 36.70A; and has considered possible environmental
impacts identified by the lead agency through the State Environmental Policy Act (SEPA)
threshold determination process.
15. Pursuant to the requirements in the NPDES Western Washington Phase II Municipal Stormwater
Permit, the proposed amendments as shown in "Attachment A" attached to this ordinance will
satisfy the requirement under Special Condition S5.C.4.f, "Low impact development code -
related requirements" for Permittees to review, revise and make effective, no later than
December 21, 2016, their local- development codes, rules and standards to incorporate and
require LID principles and BMPs.
16. The proposed amendments, as shown in "Attachment A" attached to this ordinance will be
included with a summary of the review and revision process conducted as a part of the Low
Impact Development Code Update Project, with the County's annual report to the Department
of Ecology.
Page 4 of 46
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Code, Titles 20 and 21 are hereby amended as shown on
Attachment "A ".
Section 2. Adjudication of invalidity of any of these sections, clauses, or provisions of this ordinance
shall not affect or impact the validity of the ordinance as a whole or any part thereof other than the part
so declared to be invalid.
ADOPTED this 11th day of _October 2016.
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APPROVED as to form:
Civil D ut rosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Bar' ,Buchanan, Chairperson
YAP-Proved ( ) Denied
Date:
Page 5 of 46
ATTACHMENT "A"
Whatcom County Code, Title 20
Chapter 20.51
LAKE WHATCOM WATERSHED OVERLAY DISTRICT
Sections:
[• •l
20.51.040 Conformance.
[• •)
20.51.420 Permanent stormwater management systems.
20.51.430 Tree removal not associated with development activity.
20.51.440 Tree retention associated with development activity.
20.51.040 Conformance.
The provisions of this chapter overlay other permit and approval requirements of the Whatcom County
Code. All use and development shall conform to all relevant requirements and standards of:
(1) Whatcom County Code, Title 20, Zoning, except as modified by this chapter;
(2) The International Building and Fire Codes;
(3) Whatcom County Critical Area Ordinance, Chapter 16.16 WCC;
(4) Flood damage prevention, WCC Title 17;
(5) Subdivision, WCC Title 21, except as modified by this chapter;
(6) 2012 Washington State Department of Ecology Stormwater Management Manual for Western
Washington, as amended and modified by this chapter;
(7) WCC Title 23, Shoreline Management Program;
(8) WCC Title 24, Health Code; and
(9) All other applicable official controls.
20.51.420 Permanent stormwater management systems.
[ ... j
(2) Best Management Practices.
(a) Unless otherwise exempt per subsection (1) of this section, or unless a standard land use vesting
determination concludes otherwise, all projects, work, or activities, including subdivisions,
binding site plans, and nonexempt new short subdivision parcels, proposed to occur within the
Lake Whatcom Watershed Overlay District shall incorporate presumptive BMPs and /or
demonstrative BMPs, per subsection (2)(c) and /or (2)(d) of this section, respectively, to:
(i) All project, work, or activity affected:
(A) Land disturbing activities, and /or
(B) New and replaced hard surfaces.
Page 6 of 43
(ii) Existing off - parcel phosphorus- unmitigated areas and /or on- parcel phosphorus- unmitigated
areas within the entire Lake Whatcom watershed at a 2:1 ratio of phosphorus- unmitigated
area to the corresponding project, work, or activity affected area(s) that subsections
(2)(a)(i)(A) and (B) of this section outline.
(iii) The developable areas and infrastructure as required for long and short subdivision
approval. A stormwater management plan for developable areas and required
infrastructure, consistent with the 2012 Stormwater Management Manual for Western
Washington, is required prior to preliminary plat approval. Installation of required BMPs for
infrastructure is required prior to final plat approval.
(3) System Recording, Protection, and Maintenance. A declaration of covenant shall be recorded for
each property where permanent stormwater BMPs exist. The covenant is used to protect the
stormwater management facilities from cover by structures or impervious material, soil compaction,
and damage by soil removal and grade alteration, and ensure required maintenance occurs
according to the schedule in subsection (c) of this section. A draft of the proposed covenant must be
reviewed and approved by Whatcom County prior to recording. All required covenants must be
recorded prior to final permit issuance for the proposed project.
(a) Notice on Title. For all permanent stormwater facilities, the type of stormwater system and
location shall be recorded with the county auditor real estate records. The recording document
provides notice to future owners of the presence of stormwater system on the lot, and shall
contain:
(i) A site plan to scale, showing the location and descriptions of stormwater facilities,
treatment BMPs, terrain features, protective native growth areas, and stormwater
flowpaths.
(ii) Notice of the property owner's responsibility to retain, uphold, and protect the devices,
features, pathways, protective native growth areas, and operate and maintain BMPs at the
owner's expense.
(c) Inspections and Maintenance.
(i) Inspections shall occur on at least an annual basis for all stormwater treatment and flow
control BMPs and facilities that were permitted in accordance with requirements adopted
pursuant to the 2013 -2018 Ecology municipal stormwater permits, or later.
(ii) Inspections of all permanent stormwater treatment and flow control BMPs /facilities and
catch basins in new residential developments shall occur every six months until 90% of the
lots are constructed.
(iii) For every deficiency identified by inspection, said deficiency shall be addressed:
(A) Within 1 year for typical maintenance of facilities, except catch basins.
(B) Within 6 months for catch basins.
(C) Within 2 years for maintenance that requires capital construction of less than $25,000.
Page 7 of 43
20.51.430 Tree removal not associated with development activity.
(1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant
tree(s) on any property within the Lake Whatcom watershed, or any tree(s) in the public right -of-
way, without first obtaining a tree removal permit as provided in this section, unless the activity is
exempted below:
(a) Removal of any hazard trees or as necessary to remedy an immediate threat to person or
property, pursuant to the requirements in subsection (5) of this section;
(b) Pruning and maintenance of trees of up to 25% of the foliage.
(2) Tree Removal Permit Application. The Department of Planning and Development Services shall
establish and maintain a tree removal permit application, which shall at a minimum require the
following to be submitted by the applicant:
(a) A sketch for this purpose may be prepared by the homeowner or other lay person and shall
depict:
i) The approximate location of significant trees, indicating those to be removed;
ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
iii) The location of structures, driveways, access ways, and known easements.
(b) Canopy calculations (existing and proposed)
(c) For required replacement trees, a planting plan showing location, species, and 20 -year canopy
area of the new trees in accordance to standards set forth in WCC 20.51.440(4) for calculating
20 -year canopy coverage.
(3) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the County. The
County shall review the application within 21 calendar days and either approve, approve with
conditions or modifications, deny the application, or request additional information. Any decision to
deny the application shall be in writing along with the reasons for the denial and the appeal process.
(a) The decision of the Director is appealable pursuant to WCC 20.84.240.
(b) Time Limit. The removal shall be completed within one (1) year from the date of permit
approval.
(4) Tree Removal Allowances. With a tree removal permit, any property owner may remove up to 35%
or 5,000 sq. ft., whichever is greater, and as measured cumulatively, of the existing canopy area of
on -site significant trees on their property; provided, that:
(a) There is no active application for development activity for the site; and
(b) The tree(s) were not required to be retained or planted as a condition of previous development
activity.
(5) Removal of Hazard Trees. Any property owner seeking to remove any number of significant trees
that are a hazard shall first obtain approval of a tree removal permit and meet the requirements of
this subsection.
(a) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment prepared by
a qualified professional explaining how the tree(s) meet the definition of a hazard tree is
required. Removal of hazard trees does not count toward the tree removal limit if the hazard is
supported by such a report and approved by the County.
Page 8 of 43
(b) Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or their buffers,
tree removal shall be in accordance with the requirements of WCC Chapter 16.16.
(6) Penalties and Enforcement. Removal of significant trees without obtaining a tree removal permit
may be subject to replacement at a ratio of three trees for each tree removed without a valid
permit. Failure to replace removed significant trees may be subject to a fine as determined under
WCC 20.94.
20.51.440 Tree retention associated with development activity.
(1) Tree Canopy Retention.
(a) Tree canopy retention shall be required for all development applications and building permits
within the Lake Whatcom watershed, unless the activity is exempted below:
i) Removal of any hazard trees, and as necessary to remedy an immediate threat to person or
property, pursuant to the requirements of this subsection;
(1) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment
prepared by a qualified professional explaining how the tree(s) meet the definition of a
hazard tree is required. Removal of hazard trees does not count toward the tree
removal limit if the hazard is supported by such a report and approved by the County.
(2) Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or critical
area buffers tree removal shall be in accordance with the requirements of WCC Chapter
16.16.
ii) Construction or maintenance of public or private roads and public or private utilities
including utility easements not related to development. Protection of trees shall be a major
factor in the location, design, construction, and maintenance of streets and utilities. These
improvements are subject to the purpose and intent of this section.
iii) Pruning and maintenance of trees of up to 25% of the foliage.
(2) Tree Retention Plan Required.
(a) An applicant for a development permit must submit a tree retention plan that complies with this
section. A qualified professional may be required to prepare certain components of a tree
retention plan at the applicant's expense. The tree retention plan shall contain the following
information:
i) A site plan with the following components:
(1) North arrow;
(2) Property boundaries;
(3) Existing structures;
(4) Site access;
(5) Tree canopy areas to be removed;
(6) The outer dripline of tree canopy areas to be retained;
(7) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
(8) Protection measures to be used for areas that will be undisturbed; and
(9) Areas to be replanted pursuant to subsection (4) of this section;
Page 9 of 43
ii) For required replacement trees, a planting plan showing location, species, and 20 -year
canopy area of the new trees and calculations of 20 -year canopy coverage in accordance
with the standards set forth in WCC 20.51.440(4).
iii) Provisions for maintenance and monitoring.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
remove up to 35% or 5,000 sq. ft., whichever is greater, and as measured cumulatively, of the
existing tree canopy areas, as defined by the dripline of the tree(s), for the purposes of a building
site, driveways, parking areas, and areas to be landscaped. Existing tree canopy areas shall be
prioritized for retention as provided in subsection (5) of this section. In the event that tree canopy
areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site,
or to eliminate hazard trees, new plantings shall be required to attain the removed tree canopy
coverage, calculated according to projected growth at 20 years maturity consistent with Table
20.51.440(4).
(a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the
gross site area.
(b) Existing or planted tree canopy may include street trees and may be located within buffer
landscaping, site landscaping, critical areas and their buffers, open space reserve areas, reserve
areas, reserve tracts or easements where permanent restrictions are recorded on the face of the
plat ensuring their retention in perpetuity.
(4) Measuring Tree Canopy. Site tree canopy shall be measured according to WCC Table 20.51.440(4).
Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or a licensed land surveyor.
Table 20.51.440(4). Measuring Tree Canopy
Existing Canopy
Option 1 Tree Survey
Option 2 Aerial Estimation
• Measure average canopy
• Obtain aerial imagery of site
radius (r) for each tree to be
. Measure site boundaries
retained
• Measure canopies of
• Calculate existing canopy
individual trees or stand area
area using the formula:
using leading edges as the
Canopy Area (CA) =nrZ
forest boundary
• Total the sum of tree
• Divide total canopy
canopy areas and divide by
measurement by the gross
gross site area to obtain
site area to obtain canopy
canopy coverage
coverage percentage
percentage
New Canopy
20 -Year Canopy Calculation
For each proposed species:
• Calculate radius (r) of canopy at 20
years maturity
• Calculate canopy coverage using
the formula: CA =nrZ
• Multiply by the proposed quantity
to be planted to obtain total
species canopy area
• Total the sum of species canopy
area for all proposed species and
divide by gross site area to obtain
20 -year canopy coverage
percentage
(5) Tree Canopy Credits. To assist in the preservation and retention of significant trees and existing tree
canopy outside of critical area protection areas and required buffers and buffer landscaping, the
applicant may use the following credits:
Page 10 of 43
(a) Individual significant trees retained on site shall be counted at 125 percent of their actual
canopy area.
(b) For clusters or stands of five or more trees, each tree shall be counted at 150 percent of its
actual canopy area.
(c) For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent
of its actual canopy area.
(d) The minimum required lot size in subdivisions or short subdivisions may be reduced by 20
percent when at least 20 percent of the site, not including any open space reserve areas, reserve
areas, reserve tracts, or critical areas or their buffers, is put into a separate tract or tracts that
have at least 20 significant trees per acre and where at least 60 percent of the significant trees
within the tract or tracts are retained. This does not change the tree canopy requirements.
(6) Tree Replacement Requirements. In addition to the requirements of WCC 20.80.320 through WCC
20.80.345, trees planted to meet tree canopy requirements in subsection (3) shall meet the
following criteria:
(a) Sites must be planted or replanted with a minimum of 50 percent evergreen species, except:
i) The evergreen portion of the required planting mix may be reduced by 25 percent when the
deciduous mix contains exclusively indigenous species to the Puget Sound region, not
including Alder; and
ii) Sites obtaining tree canopy requirements solely through street trees are exempt from the
requirement to include evergreen species in the planting mix;
(b) Sites requiring replanting of tree canopy must plant no more than 30 percent of trees from the
same species and no more than 60 percent of trees from the same taxonomic family.
(c) Replacement trees shall be planted in locations appropriate to the species' growth habit and
horticultural requirements;
(d) When preparing the landscaping plan, applicants are encouraged to meet the requirements of
subsection (3) by conserving existing tree canopy, including significant trees and other
vegetation located on the site, and by placing new plantings in protected areas, such as street
trees, buffer landscaping, open spaces, and critical areas and their buffers at healthy spacing
densities before placing trees within individual lots or yards; and
(e) Replacement trees shall be located in such a manner to minimize damage to trees or structures
on the project site and on properties adjoining the project site.
(7) Tree Protection Measures. The following tree protection measures shall be taken during clearing or
construction:
(a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the
trees retained in order to protect the trees during any land disturbance activities, and fencing
shall not be moved to facilitate grading or other construction activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible, and of durable
construction; orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(8) Tree Canopy Retention Modifications. An applicant may reduce the tree canopy requirements of
subsection (3) by no more than five percent through a tree canopy retention modification when all
of the following criteria and those in WCC 20.51.440 are met:
Page 11 of 43
(a) The applicant demonstrates in writing that they have made a good faith effort to comply with
the tree canopy requirements within the physical constraints of the site by:
i) Retaining as much of the tree canopy as possible on site consistent with best management
practices for maintaining the health of trees; or
ii) Replanting as much of the tree canopy as possible on site consistent with best management
practices for maintaining the health of trees;
(b) The applicant proposes to plant additional understory vegetation or ground cover area,
excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy
requirement in WCC Table 20.51.440(3) not met by retention or replanting of tree canopy; and
(c) When critical areas and their buffers exist on site and those buffers are not highly functioning,
the applicant proposes to enhance the buffers by removing invasive species and noxious weeds
and /or planting vegetation indigenous to the Pacific Northwest, spaced for maximum
survivability.
(9) Street Trees. The county engineer may modify required frontage improvements to retain significant
trees as street trees.
(10)Retained Significant Trees as a Condition of Development Approval. Retained significant trees, trees
planted as replacements for significant trees, and trees planted to meet requirements in subsection
(3) of this section may not be removed except when determined in writing by a certified arborist to
constitute a hazard. Any replacement or significant trees removed without proper documentation
from a certified arborist shall be subject to a fine as determined under WCC 20.94.
(11)Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, and
subsequently damaged or removed during site development shall be replaced at a rate of three
trees for each one damaged or removed. Failure to replace damaged or removed significant trees
shall be subject to a fine as determined under WCC 20.94.
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Chapter 20.71
LAKE SAMISH AND LAKE PADDEN WATER RESOURCE PROTECTION OVERLAY DISTRICT*
Sections:
20.71.010 Purpose.
I• •l
20.71.351 Cluster design standards.,(Adopted by reference in WCCP Chapter 2.)
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20.71.354 Tree removal not associated with development activity.
20.71.356 Tree retention associated with development activity.
I ... l
20.71.010 Purpose.
The Lake Samish and Lake Padden Water Resource Protection Overlay District is an overlay zone that is
intended to impose additional controls to preserve and protect unique and important water resources
within Whatcom County. This district is designed to protect the long -term viability of the Lake Samish
and Lake Padden watersheds while creating a regulatory framework to address the needs of these
watersheds that are not otherwise provided for in the underlying zone districts.
20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter 2.)
The creation of new building lots within Lake Samish and Lake Padden Water Resource Protection
Overlay Districts shall be subject to the following design standards:
20.71.354 Tree removal not associated with development activity.
(1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant
tree(s) on any property within the Lake Padden and Lake Samish watersheds, or any tree(s) in the
public right -of -way, without first obtaining a tree removal permit as provided in this section, unless
the activity is exempted below:
(a) Removal of any hazard trees or as necessary to remedy an immediate threat to person or
property, pursuant to the requirements in subsection (5) of this section;
(b) Pruning and maintenance of trees of up to 25% of the foliage.
(2) Tree Removal Permit Application. The Department of Planning and Development Services shall
establish and maintain a tree removal permit application, which shall at a minimum require the
following to be submitted by the applicant:
(a) A sketch for this purpose may be prepared by the homeowner or other lay person and shall
depict:
i) The approximate location of significant trees, indicating those to be removed;
ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
iii) The location of structures, driveways, access ways, and known easements.
(b) Canopy calculations (existing and proposed)
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(c) For required replacement trees, a planting plan showing location, species, and 20 -year canopy
area of the new trees in accordance to standards set forth in WCC 20.71.356(4) for calculating
20 -year canopy coverage.
(3) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the County. The
County shall review the application within 21 calendar days and either approve, approve with
conditions or modifications, deny the application, or request additional information. Any decision to
deny the application shall be in writing along with the reasons for the denial and the appeal process.
(a) The decision of the Director is appealable pursuant to WCC 20.84.240.
(b) Time Limit. The removal shall be completed within one (1) year from the date of permit
approval.
(4) Tree Removal Allowances. With a tree removal permit, any property owner may remove up to 35%
or 5,000 sq. ft., whichever is greater, and as measured cumulatively, of the existing canopy area of
on -site significant trees on their property; provided, that:
(a) There is no active application for development activity for the site; and
(b) The tree(s) were not required to be retained or planted as a condition of previous development
activity.
(5) Removal of Hazard Trees. Any property owner seeking to remove any number of significant trees
that are a hazard shall first obtain approval of a tree removal permit and meet the requirements of
this subsection.
(a) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment prepared by
a qualified professional explaining how the tree(s) meet the definition of a hazard tree is
required. Removal of hazard trees does not count toward the tree removal limit if the hazard is
supported by such a report and approved by the County.
(b) Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or their buffers,
tree removal shall be in accordance with the requirements of WCC Chapter 16.16.
(6) Penalties and Enforcement. Removal of significant trees without obtaining a tree removal permit
may be subject to replacement at a ratio of three trees for each tree removed without a valid
permit. Failure to replace removed significant trees may be subject to a fine as determined under
WCC 20.94.
20.71.356 Tree retention associated with development activity.
(1) Tree Canopy Retention.
(a) Tree canopy retention shall be required for all development applications and building permits
within the Lake Padden and Lake Samish watersheds, unless the activity is exempted below:
i) Removal of any hazard trees, and as necessary to remedy an immediate threat to person or
property, pursuant to the requirements of this subsection;
(1) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment
prepared by a qualified professional explaining how the tree(s) meet the definition of a
hazard tree is required. Removal of hazard trees does not count toward the tree
removal limit if the hazard is supported by such a report and approved by the County.
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(2) Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or critical
area buffers tree removal shall be in accordance with the requirements of WCC Chapter
16.16.
ii) Construction or maintenance of public or private roads and public or private utilities
including utility easements not related to development. Protection of trees shall be a major
factor in the location, design, construction, and maintenance of streets and utilities. These
improvements are subject to the purpose and intent of this section.
(b) Pruning and maintenance of trees of up to 25% of the foliage.
(2) Tree Retention Plan Required.
(a) An applicant for a development permit must submit a tree retention plan that complies with this
section. A qualified professional may be required to prepare *certain components of a tree
retention plan at the applicant's expense. The tree retention plan shall contain the following
information:
i) A site plan with the following components:
(1) North arrow;
(2) Property boundaries;
(3) Existing structures;
(4) Site access;
(5) Tree canopy areas to be removed;
(6) The outer dripline of tree canopy areas to be retained;
(7) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
(8) Protection measures to be used for areas that will be undisturbed; and
(9) Areas to be replanted pursuant to subsection (4) of this section;
ii) For required replacement trees, a planting plan showing location, species, and 20 -year
canopy area of the new trees and calculations of 20 -year canopy coverage in accordance
with the standards set forth in WCC 20.71.356(4).
iii) Provisions for maintenance and monitoring.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
remove up to 35% or 5,000 sq. ft., whichever is greater, and as measured cumulatively, of the
existing tree canopy areas, as defined by the dripline of the tree(s), for the purposes of a building
site, driveways, parking areas, and areas to be landscaped. Existing tree canopy areas shall be
prioritized for retention as provided in subsection (5) of this section. In the event that tree canopy
areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site,
or to eliminate hazard trees, new plantings shall be required to attain the removed tree canopy
coverage, calculated according to projected growth at 20 years maturity consistent with Table
20.71.356(4).
(a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the
gross site area.
(b) Existing or planted tree canopy may include street trees and may be located within buffer
landscaping, site landscaping, critical areas and their buffers, open space reserve areas, reserve
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areas, reserve tracts or easements where permanent restrictions are recorded on the face of the
plat ensuring their retention in perpetuity.
(4) Measuring Tree Canopy. Site tree canopy shall be measured according to WCC Table 20.71.356(4).
Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or a licensed land surveyor.
Table 20.71.356(4). Measuring Tree Canopy
Existini
Option 1 Tree Survey
• Measure average canopy
radius (r) for each tree to be
retained
• Calculate existing canopy
area using the formula:
Canopy Area (CA) =T[r2
• Total the sum of tree
canopy areas and divide by
gross site area to obtain
canopy coverage
percentage
Canopy
Option 2 Aerial Estimation
• Obtain aerial imagery of site
• Measure site boundaries
• Measure canopies of
individual trees or stand
area using leading edges as
the forest boundary
• Divide total canopy
measurement by the gross
site area to obtain canopy
coverage percentage
New Canopy
20 -Year Canopy Calculation
For each proposed species:
• Calculate radius (r) of canopy at 20
years maturity
• Calculate canopy coverage using
the formula: CA =TLr2
• Multiply by the proposed quantity
to be planted to obtain total
species canopy area
• Total the sum of species canopy
area for all proposed species and
divide by gross site area to obtain
20 -year canopy coverage
percentage
(5) Tree Canopy Credits. To assist in the preservation and retention of significant trees and existing tree
canopy outside of critical area protection areas and required buffers and buffer landscaping, the
applicant may use the following credits:
(a) Individual significant trees retained on site shall be counted at 125 percent of their actual
canopy area.
(b) For clusters or stands of five or more trees, each tree shall be counted at 150 percent of its
actual canopy area.
(c) For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent
of its actual canopy area.
(d) The minimum required lot size in subdivisions or short subdivisions may be reduced by 20
percent when at least 20 percent of the site, not including any open space reserve areas, reserve
areas, reserve tracts, or critical areas or their buffers, is put into a separate tract or tracts that
have at least 20 significant trees per acre and where at least 60 percent of the significant trees
within the tract or tracts are retained. This does not change the tree canopy requirements.
(6) Tree Replacement Requirements. In addition to the requirements of WCC 20.80.320 through WCC
20.80.345, trees planted to meet tree canopy requirements in subsection (3) shall meet the
following criteria:
(a) Sites must be planted or replanted with a minimum of 50 percent evergreen species, except:
i) The evergreen portion of the required planting mix may be reduced by 25 percent when the
deciduous mix contains exclusively indigenous species to the Puget Sound region, not
including Alder; and
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ii) Sites obtaining tree canopy requirements solely through street trees are exempt from the
requirement to include evergreen species in the planting mix;
(b) Sites requiring replanting of tree canopy must plant no more than 30 percent of trees from the
same species and no more than 60 percent of trees from the same taxonomic family.
(c) Replacement trees shall be planted in locations appropriate to the species' growth habit and
horticultural requirements;
(d) When preparing the landscaping plan, applicants are encouraged to meet the requirements of
subsection (3) by conserving existing tree canopy, including significant trees and other
vegetation located on the site, and by placing new plantings in protected areas, such as street
trees, buffer landscaping, open spaces, and critical areas and their buffers at healthy spacing
densities before placing trees within individual lots or yards; and
(e) Replacement trees shall be located in such a manner to minimize damage to trees or structures
on the project site and on properties adjoining the project site.
(7) Tree Protection Measures. The following tree protection measures shall be taken during clearing or
construction:
(a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the
trees retained in order to protect the trees during any land disturbance activities, and fencing
shall not be moved to facilitate grading or other construction activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible, and of durable
construction; orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(8) Tree Canopy Retention Modifications. An applicant may reduce the tree canopy requirements of
subsection (3) by no more than five percent through a tree canopy retention modification when all
of the following criteria and those in WCC 20.71.356 are met:
(a) The applicant demonstrates in writing that they have made a good faith effort to comply with
the tree canopy requirements within the physical constraints of the site by:
i) Retaining as much of the tree canopy as possible on site consistent with best management
practices for maintaining the health of trees; or
ii) Replanting as much of the tree canopy as possible on site consistent with best management
practices for maintaining the health of trees;
(b) The applicant proposes to plant additional understory vegetation or ground cover area,
excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy
requirement in WCC Table 20.71.356(3) not met by retention or replanting of tree canopy; and
(c) When critical areas and their buffers exist on site and those buffers are not highly functioning,
the applicant proposes to enhance the buffers by removing invasive species and noxious weeds
and /or planting vegetation indigenous to the Pacific Northwest, spaced for maximum
survivability.
(9) Street Trees. The county engineer may modify required frontage improvements to retain significant
trees as street trees.
(10)Retained Significant Trees as a Condition of Development Approval. Retained significant trees, trees
planted as replacements for significant trees, and trees planted to meet requirements in subsection
(3) of this section may not be removed except when determined in writing by a certified arborist to
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constitute a hazard. Any replacement or significant trees removed without proper documentation
from a certified arborist shall be subject to a fine as determined under WCC 20.94.
(11)Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, and
subsequently damaged or removed during site development shall be replaced at a rate of three
trees for each one damaged or removed. Failure to replace damaged or removed significant trees
shall be subject to a fine as determined under WCC 20.94.
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Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
Sections:
[• •]
20.80.300 Landscaping. (Adopted by reference in WCCP Chapter 2.)
20.80.325
Landscaping location and spacing.
20.80.330
Plant sizes at time of planting.
20.80.335
Plant choices.
I.JJ
20.80.345
Buffering plantings.
20.80.350
Parking areas.
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20.80.500
Off - street parking and loading requirements.
[• •]
20.80.512
Wheel stop, overhang.
[• •]
20.80.630
Stormwater and drainage.
20.80.631
Exemptions.
20.80.634
Stormwater conformance.
20.80.635
Stormwater special districts.
20.80.730
Land clearing.
20.80.735 Water resource special management areas.
[• •]
20.80.300 Landscaping. (Adopted by reference in WCCP Chapter 2.)
[• •]
20.80.325 Landscaping location and spacing.
All required open space or any areas of the property not committed to a use requiring pervious surface
must be landscaped. This may consist of any combination of trees, lawn, ground cover and shrubs and
up to 20 percent of a non - vegetative decorative pervious material such as washed rock, bricks or paving
stones. However, at least one tree will be required for every 2,000 square feet of open space including
walkways in addition to screening or planting along the property lines. Existing vegetation may be used
to meet the standards of this chapter. Deciduous trees will also be required parallel to all public rights -
of -way. Small trees will be spaced approximately 25 feet on center; medium trees, 35 feet on center;
and large trees, 45 feet on center. Alternatively, informal clusters of coniferous or broad - leaved
evergreen trees and /or deciduous trees may be used in an amount equivalent to a row of trees spaced
25 feet on center. Small, medium and large trees, shrubs and ground cover approved for use in county
rights -of -way are listed in the Whatcom County Development Standards, Chapter 5, Road Standards,
Appendix I. Additional landscaping and screening is required as noted in other sections of this chapter.
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20.80.330 Plant sizes at time of planting.
(1) Evergreen trees shall be a minimum height of five feet with an average height of six feet above the
finished planting bed.
(2) Deciduous trees shall be at least two inches in caliper measured four and one half feet above ground
level.
(3) Shrubs shall be at least 21 inches in height above finished grade.
(4) Ground cover shall provide an immediate coverage of at least 50 percent, and result in total
coverage of the required landscape areas within three years as follows:
(a) Four -inch pots at 18 inches on average; or
(b) One- gallon or greater sized containers at 24 inches on average.
(5) In cases where they might interfere with vehicle or pedestrian traffic, deciduous trees should have a
clear trunk area of at least seven feet above the ground.
20.80.335 Plant choices.
(1) New landscaping materials shall include species native to the coastal region of the Pacific Northwest
or noninvasive non - native species that have adapted to the climatic and soil conditions of the
coastal region of the Pacific Northwest in the following amounts:
(a) Seventy -five percent of groundcover and shrubs; and
(b) Fifty percent of trees.
(2) Trees with weeping or contorted branching structures may be used as accent planting but should
generally not be included as part of a screen planting or in plantings parallel to property lines.
(3) The county may require the applicant to modify the plant choice to:
(a) Eliminate undesirable species which may conflict with power lines or sewers because of their
growth or evasive root systems; or
(b) Provide a desired diversity of species; or
(c) Make the plantings more in scale and compatible with the uses in the immediate vicinity of the
subject property; or
(d) Provide plant materials that will fulfill the buffering or landscaping purpose of that planting on a
year -round basis; or
(e) Provide visual relief on long facades.
(4) A list of desirable and undesirable trees with tree sizes is maintained on file with the land use
division of planning and development services and may be used for reference.
20.80.345 Buffering plantings.
Buffers are required when the proposed use is in a commercial or industrial zone and is directly adjacent
to and shares a common boundary with property in a rural or residential zone. They are normally 25 feet
wide unless otherwise approved by the administrator upon receipt of a detailed planting plan prepared
by a landscape architect or qualified landscape designer. Buffering plantings are intended to provide an
all- season visual screen between commercial or industrial uses on one side, and rural or residential uses
on the other side. Landscape buffers may be required on road frontages as a condition of development
for commercial or industrial development that includes outside storage of materials, outside parking of
equipment or vehicles other than vehicles for sale on the site, and similar uses that can be a visual
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distraction or unsightly to persons on the public right -of -way. Plant materials that have minimal
irrigation needs and are native or have a demonstrated suitability for Whatcom County are required.
Vegetation -based LID BMPs (such as bioretention facilities and rain gardens) may be used within buffers
where the primary screening and buffering functions are not compromised. Twenty- five -foot planted
buffers shall, at a minimum, consist of two offset rows of predominantly coniferous trees at an average
spacing of 15 feet triangulated on center or an equivalent effect. Some deciduous trees shall be included
and shrubs may be interspersed to provide interlocking root structures to reduce windthrow. Fifty -foot
planted buffers will require four rows of trees in the same triangulated pattern as required in 25 -foot
buffers. Existing natural buffers are encouraged but may need additional width or be augmented with
additional landscaping or fencing to provide the required sight barrier.
The buffer requirements for the Neighborhood Commercial Zone when abutting the Urban Residential
Medium Density Zone (except as otherwise provided in WCC 20.60.552) can be met with a six - foot -high
sight- obscuring fence or a dense hedge of sight- obscuring plantings.
20.80.350 Parking areas.
A minimum five -foot wide landscape strip shall be provided around the perimeter of all parking areas.
Natural or planted buffers may be considered to meet this requirement. Tree spacing will be as required
parallel to rights -of -way. Whenever a nonresidential parking lot containing more than 10 parking spaces
is located in or adjacent to a residential zone, it shall also be screened on any side facing residential uses
or zones where there is no intervening street. This screen shall consist of a fence, wall or acceptable
planting screen at least four feet in height. The visual impact of parking areas shall be minimized by
separating the area into modules that contain no more than 12 vehicles in a row. Each module shall be
separated from other areas by a five -foot wide planting strip containing trees, shrubbery, or other
ground cover in such substantial density as to break up long sight lines and overviews of parked cars.
Adjacent uses on separate parcels may combine their parking lots to enhance circulation without the
necessity for intervening landscaping except for maintaining the module pattern. Vegetation -based LID
BMPs (such as bioretention facilities and rain gardens) may be used within landscape strips and modules
provided they meet any the other applicable landscaping requirements such as screening or buffering.
These shall be designed in accordance with the Stormwater Management Manual for Western
Washington (Ecology Manual), as amended.
[ ... j
20.80.500 Off - street parking and loading requirements.
20.80.512 Wheel stop, overhang.
(1) Appropriate wheel and bumper guards shall be provided to protect landscaped areas, to define
parking spaces, and to clearly separate the parking area from any abutting street rights -of -way and
property lines. Vehicles may overhang landscaped areas up to two (2) feet when wheel stops or
curbing is provided.
(2) Where sufficient area is available to allow safe and efficient overhang of a vehicle, the planning
department may permit the standard parking stall length to be reduced by two (2) feet with
corresponding increase in adjacent landscaping width.
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20.80.630 Stormwater and drainage.
(1) Unless exempted in WCC 20.80.631, all development activity on lands within Whatcom County shall
be subject to stormwater management requirements as follows:
(a) NPDES Phase II Permit area. Development activity inside the NPDES Phase II Permit area shall
comply with:
i) The 2012 Washington State Department of Ecology Stormwater Management Manual for
Western Washington (Stormwater Manual), as amended;
ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II
Municipal Stormwater Permit; and
iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western
Washington Phase II Municipal Stormwater Permit.
(b) Lake Whatcom Watershed Overlay District. Except for areas within or that overlap with the
NPDES Phase II Permit area (see subsection (1), development activity inside the Lake Whatcom
Watershed Overlay District shall comply with WCC 20.51 Lake Whatcom Watershed Overlay
District.
(c) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II
Permit area (see subsection (1), development activity inside Stormwater Special Districts (as
defined by WCC 20.80.635) shall comply with the Stormwater Manual, using the following
modified Minimum Requirements in the table below, and using the Stormwater Manual's
definitions of terms for " stormwater site plan," "impervious surface," "hard surface," "land
disturbing activity," "project," "site," and "replaced hard surface ":
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Within Special Stormwater Districts — Modified Thresholds for Stormwater Management Table
Minimum Requirement (MR) When Required
I
MR1 Stormwater Site Plan
MR2 Construction SWPPP
MR3 Source Control
MR4 Preserve Natural
Drainage
MRS Onsite Stormwater
Management
MR6 Treatment
MR7 Flow Control
MR8 Wetlands Protection
> 500 sq. ft. of new impervious surface, or
Renovation projects where the estimated cost exceeds 50% of
the assessed value
Always required
Not required
> 500 sq. ft. of new impervious surface, or
Renovation projects where the estimated cost exceeds 50% of
the assessed value
• Property >_ 2 acres meeting MR1, provide dispersion
• Property < 2 acres meeting MR1 where soils are suitable
for infiltration, provide infiltration
• Property < 2 acres meeting MR1 where soils are not
suitable for infiltration and project does not increase the
24 -hour, 100 -year peak flow rate by >_ 0.1cfs; provide
dispersion
Always required
Property < 2 acres meeting MR1 where project increases the
24 -hour, 100 -year peak flow rate by >_ 0.1cfs; provide
detention
> 500 sq. ft. of new impervious surface, or
Renovation projects where the estimated cost exceeds 50% of
the assessed value
MR9 0 &M I Required only if stormwater facility installed
1 Minimum requirements MRS — MR9 likely require preparation by a professional engineer.
(f) Outside (a) the NPDES Phase II Permit area, (b) the Lake Whatcom Watershed Overlay District,
and (c) the Stormwater Special Districts).
Development activity outside the NPDES Phase II Permit area, Lake Whatcom Watershed
Overlay District, and Stormwater Special Districts (as defined by WCC 20.80.635) shall comply
with the Stormwater Manual, using the following modified Minimum Requirements in the table
below, the definitions for land use intensity in subsection (e) of this section, and using the
Stormwater Manual's definitions of terms for "stormwater site plan," "impervious surface,"
"hard surface," "land disturbing activity," "project," "site," and "replaced hard surface ":
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Outside the NPDES Phase II Permit area, the Lake Whatcom Watershed Overlay District, and
the Stormwater Special Districts — Modified Thresholds for Stormwater Management Table
Minimum Requirement Land Use Intensityz
(MR) i
MR1 Stormwater Site Plan
MR2 Construction SWPPP
MR3 Source Control
MR4 Preserve Natural
Drainage
MR5 Onsite Stormwater
Management
Low
>_ 7,000 sq. ft. of new
plus replaced hard
surface, or
>_ 14,000 sq. ft. land
disturbing activity
Not required
>_ 7,000 sq. ft. of new
plus replaced hard
surface, or
14,000 sq. ft. land
disturbing activity
Not required
Medium High
>_ 4,000 sq. ft. of new
plus replaced hard
surface, or Per manual
>_ 14,000 sq. ft. land
disturbing activity
Always required
>_ 4,000 sq. ft. of new
plus replaced hard
MR6 Treatment
Not required
surface, or
Per manual
MR7 Flow Control
Not required
`?
> 14,000 sq. ft. land
MR8 Wetlands Protection
7,000 sq. ft. of new
disturbing activity
plus replaced hard
surface, or
>_ 14,000 sq. ft. land
disturbing activity
MR9 0 &M
Required only if
stormwater facility
installed
1 Minimum requirements MRS — MR9 likely require preparation by a professional engineer
Z See Subsection (e) to determine land use intensity
(g) The land use intensities in the above tables have the following meanings:
Land Use Intensity for Stormwater Management Table
Note: Any project that results in new plus replaced hard surface greater than or equal to 10
percent of the gross parcel size or 20,000 sq. ft., whichever is greater, or converts 1.5 acres of
vegetation to lawn or five acres of vegetation to pasture is subject to the thresholds for "High
intensity" land uses.
Low • Single- family residential and accessory uses on lots of record of 25,000 sq. ft. or
larger;
• Construction of agricultural buildings, including those used in the processing and
wholesale of agricultural products, on agricultural land as defined by RCW
84.34.020(2);
• Seasonal roadside stands; or
• Roads (other than those exempt as pavement maintenance).
Medium Single- family residential and accessory uses on lots of record smaller than
25,000 sq. ft.;
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• Short subdivisions of land into four or fewer lots;
• Minor utility developments; or
• Trails and trailheads.
High All other uses, including all commercial, industrial, institutional, and urban or
multifamily residential uses;
• Subdivisions of land into more than four lots;
• All uses on parcels bisected by the NPDES Phase II Permit Area boundary; or
• Any project that results in new plus replaced hard surface greater than or equal
to 10 percent of the gross parcel size or 20,000 sq. ft., whichever is greater, or
converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture.
(2) No project permit shall be issued prior to meeting the stormwater requirements of this section
and /or the 2012 Washington State Department of Ecology Stormwater Management Manual for
Western Washington, as amended. Advisory Note: Certain stormwater discharges to natural
receiving waters are subject to state water quality standards and the requirements of the National
Pollutant Discharge Elimination System ( NPDES). Hydraulic Project Approval (HPA) may also be
required if stormwater is discharged to a water body or stream that provides, or could provide,
habitat for fish.
20.80.631 Exemptions.
(1) Forest practices regulated under WAC Title 222, except for Class IV General forest practices and
nonconversion forest practices with approved conversion option harvest plans.
(2) Commercial agriculture practices (as defined in the 2012 Washington State Department of Ecology
Stormwater Management Manual for Western Washington, as amended) involving working the land
for production are generally exempt. However, the conversion from timberland to agriculture, and
the construction of impervious surfaces are not exempt.
(3) Development undertaken by the Washington State Department of Transportation in state highway
right -of -way when regulated by Chapter 173 -270 WAC, the Puget Sound Highway Runoff Program.
20.80.634 Stormwater conformance.
All development shall conform to the following requirements:
(1) General.
(a) Stormwater discharges must be controlled and treated as required by law.
(b) Best management practices (BMPs) shall be used to comply with the regulations in this chapter.
If appropriate BMPs are not referenced in the 2012 Washington State Department of Ecology
Stormwater Management Manual for Western Washington, as amended ( Stormwater Manual),
experimental BMPs may be considered. However, experimental BMPs must be approved by the
county technical administrator prior to implementation.
(c) Development shall minimize impervious surface areas while maintaining project function and
viability. Protection of ground water and aquifer recharge are important objectives which shall
be incorporated in required surface water management facilities consistent with established
BMPs.
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(d) Stormwater systems shall not be constructed in such a manner that they materially degrade
natural systems such as streams and their banks, wetlands, ponds or lakes.
(e) Natural drainage patterns shall be maintained and discharges from the site shall occur at the
natural location, unless it can be shown that relocation will have no significant adverse impact
to either built or natural systems as a result of the relocation.
(f) The design of stormwater systems shall be an integral part of the overall development design
and, in addition to the primary storage and conveyance function, should incorporate multiple
use provisions to enhance the project, such as the following:
i) Recreation;
ii) Public safety;
iii) Economical maintenance;
iv) Aesthetic integration into the landscape and project design;
v) Wildlife habitat;
vi) Education;
vii) Open space.
(2) Erosion and Sediment Control.
(a) All proposed projects that will clear, grade, or otherwise disturb the site shall provide erosion
and sediment control (ESC) that prevents the transport of sediment from the site to drainage
facilities, water resources and adjacent properties.
(b) Erosion and sediment controls shall be selected and applied in accordance with the Stormwater
Manual.
20.80.635 Stormwater special districts.
(1) Whatcom County shall establish the following geographical areas as stormwater special districts;
(a) Drayton Harbor watershed.
(b) Lake Samish watershed.
(c) Birch Bay watershed.
(d) Lake Padden watershed.
(2) Requirements for these areas are contained in WCC 20.80.- 630(1)(c).
20.80.730 Land clearing.
[ ... )
20.80.735 Water resource special management areas.
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.
Implementation of best management practices, including phased clearing, tree retention and seasonal
clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to
erosion at any one time, thereby improving site stability during development and reducing potential for
transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also
reduces the quantity and maintains the quality of stormwater leaving a site during and after
development activities by encouraging interception, infiltration and evapotranspiration of rainfall and
surface runoff.
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Whatcom County shall establish the following geographic areas as water resource special management
areas:
• Drayton Harbor watershed;
• Lake Padden watershed;
• Lake Samish watershed; and
• Birch Bay watershed.
(1) Water Resource Special Management Area Review Thresholds. County review and approval shall be
required for clearing activities which exceed the following thresholds. If the 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) Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all
clearing activities associated with a fill and grade permit, building permit or other development
proposal. Clearing activities which are not associated with a development permit shall require
county review if they are:
(i) Five thousand square feet or greater during the dry season, June 1st through September
30th; or
(ii) Five hundred square feet or greater during the wet season, October 1st through May 31st.
(2) Within water resource special management areas, clearing activity must conform to the following
conditions:
(a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing
activity. The technical administrator shall conduct periodic inspections to ensure the integrity of
temporary erosion and sediment controls. Temporary erosion and sediment 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.
(b) Phased Clearing. Construction activities and clearing activities shall 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 and wetlands. A phased clearing plan may be required. A phased
clearing plan, if required, shall be submitted for review and approval by the technical
administrator prior to any clearing activity and shall contain a detailed construction schedule or
timeline.
(c) 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 a tree canopy area retention plan includes a soil stabilization plan. This plan
component must specifically detail erosion and sediment 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.
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(d) Seasonal Clearing Activity Limitations. In the Lake Samish and Lake Padden watersheds, clearing
activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet
shall not be permitted from October 1st through May 31st; provided, that:
(i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning
administrator may approve an exemption to this requirement for the following activities:
(A) Routine maintenance and repair of erosion and sediment control measures;
(B) Activities located at or waterward of the ordinary high water mark subject to state,
federal, and /or local (per Chapter 16.16 WCC and /or WCC Title 23) conditions of
approval requiring commencement of clearing activity during the wet season, as defined
in subsection (1)(a)(ii) of this section, for purposes of minimizing surface water
disturbance and site inundation by high water or wave action;
(C) Activities necessary to address an emergency that presents an unanticipated and
imminent threat to public health, safety or the environment that requires immediate
action within a time too short to allow full compliance with this section. Upon
abatement of the emergency situation, the clearing activity shall be reviewed for
consistency with this chapter and may be subject to additional permit requirements;
provided, that the applicant shall make a reasonable attempt to contact the zoning
administrator prior to the activity. When prior notice is not feasible, notification of the
action shall be submitted to the zoning administrator as soon as the emergency is
addressed and no later than two business days following such action. Emergency
construction does not include development of new permanent protective structures
where none previously existed.
(ii) To ensure compliance with subsection (2)(e) of this section, Whatcom County planning and
development services shall not issue development permits requiring more than 500 square
feet of land disturbance located within the Lake Samish or Lake Padden watersheds within
two weeks prior to the watershed seasonal closure on October 1st.
(iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the
maximum extent practicable. The zoning administrator shall have the authority to condition
an exempt activity to ensure that temporary erosion and sediment control measures will be
implemented.
(iv) An exemption from the seasonal land clearing requirements of this section does not grant
authorization for any work to be done in a manner that does not comply with other
provisions of this chapter or other applicable development regulations.
(e) 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 WCC, Enforcement and
Penalties.
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Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)
20.85.107 Common open space.
No open area may be accepted as common open space within a planned unit development, unless it
meets the following requirements:
(1) The common open space is for amenity or recreational purposes, and the size and uses authorized
are appropriate to the scale and the character of the planned unit development, considering its size,
density, expected population or employees, topography, and the number and type of dwellings
provided.
(2) Common open space will be suitably landscaped for its intended use, except that common open
space containing natural features worthy of preservation may be left unimproved. Any buildings,
structures and improvements to be permitted in the common open space are those appropriate to
the uses which are authorized for the common open space.
(3) LID BMPs may be used within common open space, provided that the use of LID BMPs is not in
conflict with the primary purpose of the common open space.
(4) Common open space shall be maintained through one of the following methods:
(a) An association of owners shall be formed and continued for the purpose of maintaining the
common open space. The association shall be created as an association of owners under the
laws of the state and shall adopt and propose articles of incorporation or association and
bylaws, and adopt and approve a declaration of covenants and restrictions on the common
open space that is acceptable to the land use division of planning and development services
upon consultation with the prosecuting attorney, in providing for the continuing care of the
space. No common open space may be put to a use not specified in the final development
plan unless the final development plan is first amended to permit the use. No change of use
may be considered as a waiver of any covenants limiting the use of common open space
areas, and all rights to enhance these covenants against any use permitted are expressly
reserved; or
(b) A public agency which agrees to maintain the common open space and any buildings,
structures, or other improvements which have been placed on it.
20.85.203 Site plan and supporting maps and graphics.
An initial site plan, at a minimum scale of one inch equals 100 feet or such other scale as may be
convenient based on the area covered by the proposal with approval of the administrator, and any
supporting graphics, narrative descriptions and maps, to show major details of the proposed PUD. If the
initial plan is based on a survey or existing survey data of the subject site, the survey data shall be
prepared by a registered land surveyor, registered civil engineer or other professional licensed to
conduct surveys. The initial site plan and supporting graphics and maps in combination shall provide a
level of detail appropriate to the scale and timing of the project and sufficient to demonstrate how the
project complies with the provisions of this chapter.
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(1) Proposed name of the development, north point, scale, date and address, and telephone number of
the preparer of the site plan /supporting maps.
(2) Existing site conditions including water courses, wetland area, floodplains, unique natural features,
native vegetation, forest cover and elevation contours of sufficient intervals to indicate the
topography of the entire tract for a sufficient distance beyond the boundaries of the proposed
development to depict any features within 300 feet which may affect site development. Unless
otherwise approved by the administrator, contour information shall be as follows:
(a) Up to 10 percent slopes, two -foot contours.
(b) Over 10 percent to less than 20 percent slopes, five -foot contours.
(c) Twenty percent or greater slopes, 10 -foot contours.
(3) Location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines,
lease areas, and easements, if known.
(4) The locations and identification of all existing buildings, structures and other improvements. The
location or approximate location of proposed buildings including maximum height and type of use.
(5) For residential structures, provide the types and number of residential units in each structure or the
range of residential structures proposed together with the range of the type and number of units
per structure.
(6) For nonresidential buildings, the gross floor area of each building.
(7) The location and square footage or approximate location and square footage or acreage of all areas
of all areas to be conveyed, dedicated or reserved as common open spaces, public parks,
recreational areas, school sites, and similar public and semi - public uses with notations of proposed
ownership included where appropriate.
(8) Landscaping and open space improvements plan or concept.
(9) The existing and proposed circulation system of arterial, collector and /or local streets, including
right -of -way street widths, off - street parking areas, service areas, loading areas and major points of
access to public rights -of -way (including major point of ingress and egress to the development).
Notations of proposed ownership, public or private, shall be included where appropriate.
(10)Location and width of existing and proposed sidewalks and trails.
(11)The proposed treatment of the perimeter of the PUD, including materials and techniques used such
as screens, fences and walls.
(12)The location of adjacent utilities including sanitary sewers, water lines and storm drainage facilities
intended to serve the development, and a layout of the existing and proposed utilities within the
development, if utility plans have been completed. Otherwise indicate the general location of
utilities, i.e., roadways, easements, etc.
(13)Existing zoning and Comprehensive Plan boundaries for the site and adjacent property.
(14)lnformation of contiguous properties within 300 feet of the proposed PUD including:
(a) Existing and, if known, proposed land use and streets; and
(b) Existing structures excluding accessory buildings, ownership tracts and unique natural
features of the landscape, if readily accessible.
(15)A vicinity map showing the location of the site and its relationship to surrounding areas, including
existing streets, major physiographic and cultural features such as railroads, lakes, streams,
shorelines, schools, parks or other prominent features.
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(16)lf the applicant wishes to incorporate renewable energy features into the PUD, information shall be
submitted which will describe the long -term usability of the energy source including:
(a) Solar:
(i) Solar site survey including solar sun chart;
(ii) Shadow diagrams including schematic elevations of pertinent vegetation and
structures, and existing major topographical features;
(iii) General description of the solar system identifying type (passive or active), location
and size (surface area);
(b) Wind:
(i) Wind data including direction, frequency and intensity;
(ii) Wind disruption information including potential on and off -site building
construction, and major topographical features;
(iii) Wind machine location and visual description;
(c) Micro or small scale hydro:
(i) Estimated annual energy output using flow duration curves;
(ii) Stream data including low and average flows;
(iii) Hydro site location and design;
(iv) Status of Federal Energy Regulatory Commission (FERC) approval;
(d) Geothermal: source of energy.
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Chapter 20.97
DEFINITIONS
Sections:
[ ... ]
20.97.029
Best management practice (BMP).
[• •]
20.97.171.1
Hard surface.
20.97.171.2
Hazard tree.
[• •]
20.97.187
Impervious surface.
[• •]
20.97.194.1
Land disturbing activity.
[...]
20.97.220.1
Low impact development (LID).
20.97.220.2
LID best management practices (BMPs).
20.97.341
Replaced hard surface.
20.97.342
Replaced impervious surface.
[• •]
20.97.419
Significant tree.
[• •]
20.97.430.1
Stormwater.
[• •]
20.97.436.4
[ ... ]
Tree, significant,
20.97.029 Best management practice (BMP).
"Best management practice (BMP)" means the schedule of activities, prohibitions of practices,
maintenance procedures, and structural and /or managerial practices approved by Washington State
Department of Ecology that, when used singly or in combination, prevent or reduce the release of
pollutants and other adverse impacts to waters of Washington State.
20.97.121.05 Existing Tree Canopy Area.
"Existing Tree Canopy Area" means the tree canopy area in existence as of January 1, 2017, using best
available information.
20.97.171.1 Hard surface.
"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.
20.97.171.2 Hazard tree.
Page 32 of 43
"Hazard tree" means any tree that is susceptible to immediate fall due to its condition (damaged,
diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent
physical improvements to property or causing personal injury.
[ ... ]
20.97.187 Impervious surface.
"Impervious surface" means a non - vegetated surface area which either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development, and /or a non - vegetated
surface area which causes water to run off the surface in greater quantities or at an increased rate of
flow from the flow present under natural conditions prior to development. Common impervious
surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage
areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other
surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered detention/
retention facilities shall not be considered as impervious surfaces for purposes of determining whether
the thresholds for application of minimum requirements are exceeded. Open, uncovered
retention /detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
[] '
20.97.194.1 Land disturbing activity.
"Land disturbing activity" means activity that results in a movement of earth or a change in the existing
soil cover (both vegetative and nonvegetative) and /or the existing soil topography. Land disturbing
activities include but are not limited to clearing, grading, filling, and excavation. Compaction that is
associated with stabilization of structures and road construction shall also be considered a land
disturbing activity. Vegetation maintenance practices are not considered land- disturbing activity.
Stormwater facility maintenance is not considered land disturbing activity if conducted according to
established standards and procedures.
20.97.220.1 Low impact development (LID).
A stormwater and land use management strategy that strives to mimic pre- disturbance hydrologic
processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation,
use of on -site natural features, site planning, and distributed stormwater management practices that
are integrated into a project design.
20.97.220.2 LID best management practices (BMPs).
Distributed stormwater management practices, integrated into a project design, that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID
BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout
controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water
re -use.
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20.97.341 Replaced hard surface.
"Replaced hard surface" means, for structures, the removal and replacement of hard surfaces down to
the foundation; for other hard surfaces, the removal down to bare soil or base course and replacement.
20.97.342 Replaced impervious surface.
"Replaced impervious surface" means, for structures, the removal and replacement of impervious
surfaces down to the foundation; for other impervious surfaces, the removal down to bare soil or base
course and replacement. (From 2012 DOE Stormwater Manual)
[• •]
20.97.419 Significant tree.
See WCC 20.97.436.4 Tree, significant.
20.97.430.1 Stormwater.
" Stormwater" means that portion of precipitation that does not naturally percolate into the ground
or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater
drainage system into a defined surface waterbody, or a constructed infiltration facility.
[• •]
20.97.436.4 Tree, significant.
Any evergreen tree, twelve inches or greater in diameter at breast height (DBH) or deciduous tree, eight
inches or greater DBH. Diameter at breast height shall be measured four and one half feet above
existing grade. The Director of Planning and Development Services may authorize the exclusion of any
tree, which for reasons of health or age is not desirable to retain, from this definition.
[• •]
Page 34 of 43
Chapter 21.04
SHORT SUBDIVISIONS
21.04.150 Requirements for a fully completed application for short subdivisions.
Upon completion of the pre - application review, and in response to the pre - application review letter, the
applicant is authorized to prepare the short subdivision application materials. The following
requirements for a fully completed application, and any other information on a form prescribed by the
subdivision administrator, must be provided in order to initiate a review for a determination of
completeness.
(1) Written and Other Data and Fees.
(a) Name, address and phone number of owner(s), applicant, and contact person.
(b) Intended uses.
(c) List of variances and waivers requested.
(d) General written proposal of water supply and sewage disposal method, including letter from
public water or sanitary sewer providers stating their willingness and ability to serve the
proposed land division.
(e) Preliminary stormwater proposal.
(f) Preliminary traffic proposal and transportation concurrency analysis, as required by Chapter
20.78 WCC.
(g) Assessor's parcel number (of the parent parcel).
(h) Fees as specified in the Unified Fee Schedule.
(i) Critical areas assessment report pursuant to WCC 16.16.255 when the written findings of the
pre - application review identify the need for this report.
(j) Preliminary title report issued no more than 60 calendar days prior to application.
(k) Net and gross lot size to determine minimum lot size and density requirements as required by
the Zoning Ordinance.
(1) Signature of property owners or applicant attesting by written oath to the accuracy of all
information submitted for the application.
(2) Map Data.
(a) Name of owner(s).
(b) Name of proposed land division.
(c) General layout of proposed land division.
(d) Common language description of the general location of the land division.
(e) Approximate locations of existing roads, utilities, and infrastructure.
(f) Vicinity map.
(g) Short plat map with a common engineering scale with north arrow and sheet numbers (on each
sheet containing a map).
(h) Section, township, range and municipal and county lines in the vicinity.
(i) Boundaries of the site with general dimensions shown that are prepared by a licensed surveyor.
(j) General direction and gradient of slope.
(k) Legal description of the land.
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(1) Proposed location and means of proposed water service and sewage disposal.
(m) Proposed location and means of proposed access (including proposed improvements to on -site
and off -site roadways, and site distance).
(n) Other proposed on -site and off -site utilities and facilities.
(o) Location of existing roads, rights -of -way, buildings, parking, and drainage on -site.
(p) Where appropriate, location of natural features, including bodies of water, natural drainage
areas, native vegetation, critical areas, and buffers.
(q) Location of existing sanitation and water facilities and easements (where appropriate).
(r) Existing and proposed street names.
(s) Names or numbers of any adjacent divisions.
(t) Sequential numbers or letters to all lots within the short subdivision.
(u) Topographic map of sufficient contour interval, acceptable to the county engineer or director of
planning and development services or their designee, to show the topography of the land to be
divided.
(v) Location of critical areas, shorelines and base flood elevation, where applicable.
(3) Seven sets of the above required information shall be submitted. The subdivision administrator may
require the applicant to submit the information in an electronic format, and may reduce the number
of required sets if provided in an alternative format.
Page 36 of 43
Chapter 21.05
PRELIMINARY LONG SUBDIVISIONS*
21.05.120 Requirements for a fully completed application for preliminary long subdivisions.
Upon completion of the pre - application review, and in response to the pre - application review letter, the
applicant is authorized to prepare the subdivision application materials. The following requirements for
a fully completed application, and any other information on a form prescribed by the subdivision
administrator, must be provided in order to initiate a review for a determination of completeness.
(1) Written and Other Data and Fees.
(a) Completed application form.
(b) Name, address and phone number of owner(s), applicant, and contact person.
(c) Names, addresses and telephone numbers of the involved engineers, surveyors, and
consultants.
(d) Intended uses.
(e) List of variances and waivers requested.
(f) Names and addresses of all persons, firms, and corporations holding legal interests in the land,
such as easements, of which the applicant has knowledge.
(g) Assessor's parcel number (of the parent parcel).
(h) List of names and addresses of owners of property within 300 feet of site's boundaries (based
on the latest assessor's equalized tax roll) when within an urban growth area, or within 1,000
feet of site's boundaries when outside an urban growth area, together with corresponding
parcel numbers and assessor's parcel map.
(i) Proposed covenants, conditions, and restrictions (CC &Rs).
(j) SEPA checklist.
(k) Preliminary stormwater proposal.
(1) Preliminary traffic analysis.
(m) Proposed utilities.
(n) Critical area and soils reports, as specified in the applicable development standards. All reports
shall be certified by qualified professionals experienced in the applicable field of science.
(o) Net and gross lot size to determine minimum lot size and density requirements as required by
the Zoning Ordinance.
(p) Fees as specified in the Unified Fee Schedule.
(2) Map Data.
(a) Acceptable map size is 24 inches by 24 inches to 24 inches by 36 inches.
(b) Date of revisions, if any.
(c) Name of owner.
(d) Name, address, and telephone number of the surveyor or consultant preparing the map
proposal.
(e) Name of proposed land division.
(f) Names or numbers of any adjacent divisions.
(g) General layout of proposed land division.
Page 37 of 43
(h) Approximate locations of existing utilities, infrastructure, roads, drainage and rights -of -way
within 300 feet of the boundary of the proposed land division.
(i) Vicinity map at a scale not less than one inch equals 2,000 feet.
(j) Common engineering scale (one inch equals 100 feet or larger), sheet numbers, and north
arrow.
(k) Section, township, range, municipal and county lines in the vicinity.
(1) Location of monuments and fences located by any boundary survey and the date of the survey.
(m) General boundaries of the site with general dimensions shown, perimeter boundary marked
with a bold line.
(n) Legal description of the land being subdivided.
(o) Proposed access (including proposed improvements to on -site and off -site roadways).
(p) Other proposed on -site or off -site utilities and facilities.
(q) The location and widths of all proposed roads, rights -of -way, and easements.
(r) When appropriate, location of natural features, including bodies of water, natural drainage
areas, native vegetation, regulated watershed boundaries, critical areas, and buffers.
(s) Location of buildings, and parking on -site or contiguous to the site.
(t) General location of existing and proposed facilities, sanitation and water facilities, easements
(where appropriate), landscaping, common areas, and phasing boundaries.
(u) General plans of proposed water distribution systems, sewage disposal systems, and drainage
systems. The plans shall include system location and sizes, sources of water supply, location and
size of storage reservoirs, location of drainage outlet, and other major features and shall be
certified by a professional engineer.
(v) Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for
school, park, playground, well site or other use.
(w) Sequential numbers to all lots within subdivision and identify proposed phases.
(x) Location of critical areas, shorelines and base flood elevation, where applicable.
(3) Additional Information.
(a) Title report.
(b) Written narrative of how the proposed preliminary plat will meet development and /or level of
service standards for:
(i) Water supply.
(ii) Sewage disposal.
(iii) Fire protection service.
(iv) Public school system.
(c) Project area.
(d) Area in lots, square feet, and percentage of total.
(e) Zoning designation and zone density.
(f) Number of lots.
(g) Average lot size, area, and maximum lot size.
(h) Area of streets, area in rights -of -way, and percentage of total.
(i) Area of parks, open space, and percentage of total.
(j) Area of impervious surface proposed.
Page 38 of 43
(k) Soil types and classifications.
(1) Utility service types and name of provider.
(m) School and fire district.
(n) Boundary survey, prepared and certified by a professional land surveyor.
(o) Additional reports as required at the pre - application meeting, prepared by qualified
professionals, including but not limited to:
(i) Traffic impact analysis and concurrency study.
(ii) Stormwater design report.
(iii) Soils and /or geological report.
(iv) Wetlands delineation and /or critical areas assessment report.
(v) Soil testing results for pesticides for subdivisions on land historically used for raising row
crops.
(p) Topographic map of sufficient contour interval, acceptable to the county engineer or subdivision
administrator, to show the topography of the land to be subdivided.
(4) Eleven sets of the above required information shall be submitted. The subdivision administrator may
require the applicant to submit the information in an electronic format, and may reduce the number
of required sets if provided in an alternative format.
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Chapter 21.07
PRELIMINARY BINDING SITE PLANS
21.07.120 Requirements for a fully completed application for preliminary binding site plans.
Requirements for a fully completed application must be provided in order to vest an application.
(1) Written and Other Data and Fees.
• Seven copies of written data.
• Completed application form.
• Name, address and phone number of owner(s), applicant, and contact person.
• The names, addresses and telephone numbers of the involved engineers, surveyors, and
consultants.
• Intended uses.
• List of variances and waivers requested.
• Names and addresses of all persons, firms, and corporations holding legal interests in the land,
such as easements, of which the applicant has knowledge.
• Assessor's parcel number (of the parent parcel).
• List of names and addresses of owners of property within 300' of site's boundaries (based on the
latest assessor's equalized tax roll), together with corresponding parcel numbers and assessor's
parcel map.
• Proposed covenants, conditions, and restrictions (CC &Rs).
• SEPA checklist.
• Preliminary stormwater proposal, preliminary traffic analysis, utility, critical area study, and soils
reports, as specified in the applicable development standards. All reports shall be certified by
qualified professionals experienced in the applicable field of science.
• Brief statement covering the number of lots, proposed uses of lots, method of water supply and
sewage disposal, approximate road length, total acreage; percentage of total acreage used for
roads, lots, open space and other uses, and average lot size and number of lots per gross acre.
• Fees as specified in the Unified Fee Schedule.
(2) Map Data.
• Acceptable map size is 18" x 24" to 24" x 36 ".
• Seven map copies of map proposal.
• Date of revisions, if any.
• Name of owner.
• Name, address, and telephone number of the surveyor or consultant preparing the map
proposal.
• Name of proposed binding site plan.
• Names or numbers of any adjacent divisions.
• General layout of proposed land division.
• Approximate locations of existing utilities, infrastructure, roads, drainage and rights -of -way
within 300' of the boundary of the proposed land division.
• Vicinity map at a scale not less than 1" = 2000'.
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• Common engineering scale (1" = 100' or larger), sheet numbers, and north arrow.
• Section, township, range, municipal and county lines in the vicinity.
• Location of monuments and fences located by any boundary survey and the date of the survey.
• General boundaries of the site with general dimensions shown, perimeter boundary marked
with a bold line.
• Legal description of the land being subdivided.
• Proposed access (including proposed improvements to on -site and off -site roadways).
• Other proposed on -site or off -site utilities and facilities.
• The location and widths of all proposed roads, rights -of -way, and easements.
• When appropriate, location of natural features, including bodies of water, natural drainage
areas, native vegetation, critical areas, and buffers.
• Location of buildings, and parking on -site or contiguous to the site.
• General location of existing and proposed facilities including; sanitation, water service,
easements, landscaping, common areas, phasing boundaries, and (for mobile home and RV
parks) typical details of individual lease spaces.
• Existing and proposed street names.
• General plans of proposed water distribution systems, sewage disposal systems, and drainage
systems. The plans shall include system location and sizes, sources of water supply, location and
size of storage reservoirs, location of drainage outlet, and other major features and shall be
certified by a professional engineer.
• Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for
school, park, playground, well site or other use.
• Sequential numbers to all lots within binding site plan and identify proposed phases.
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Chapter 21.08
GENERAL AND SPECIFIC BINDING SITE PLANS
21.08.050 Requirements for a fully completed application for general binding site plans and specific
binding site plans.
(1) Written and Other Data and Fees.
• Name, address, and phone number of owner, applicant, and contact person.
• A separate map scaled at 1" = 400' for assignment of addresses. Addresses assigned by the
county shall be shown on the original drawing prior to filing with the county auditor.
• Lot closures for the parcel being subdivided, each lot, and any dedicated right -of -way.
• Title report issued no more than 60 days old.
• Copies of covenants, conditions and restrictions.
• As -built drawings for road and drainage improvements.
• Any fees as specified in the Unified Fee Schedule.
(2) Map Data.
• General or specific binding site plan size is 18" x 24 ".
• Seven map copies from original drawings.
• Name of owner(s).
• Name of the binding site plan.
• Section, township, range, and municipal and county lines within the vicinity.
• Common engineering map bar scale (1" = 100' or larger), north arrow, legend, and sheet
numbers.
• Perimeter of the binding site plan shall be depicted with heavier lines.
• File number of the preliminary binding site plan.
• Existing and proposed street names.
• Legal description of the land being divided.
• All lot and tract areas.
• Vicinity map.
• Names and numbers of any adjacent subdivisions, short subdivisions, and binding site plans.
• Complete bearings, lineal dimensions, radii, arcs, and central angle, of all lines and curves of any
lot or boundary lines within the binding site plan.
• Location of all permanent control monuments found and established at the controlling corners
of the parcel being divided and within the land division.
• Location of all monuments or other evidence used as ties to establish the land division
boundaries and the basis of bearing.
• Type and location of monuments and the date set.
• Sequential numbers assigned to all lots (specific binding site plans only).
• Location and width of all easements shown as dashed lines, and a description of the purpose of
the easement (including beneficiary).
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• Location and description of all fence and building encroachments and other matters which, in
the judgment of a professional land surveyor, give rise to alternate boundary locations resulting
from occupational evidence or prescriptive rights.
• Location, width, geometry, centerline, and names of all roads within and adjoining the binding
site plan.
• Identify and locate all stormwater facilities, areas set aside for stormwater management,
utilities, permanent wells, and associated protective zones.
• Roads not dedicated to the public must be clearly marked.
• A reference to any covenants, conditions and restrictions.
• The statement required under RCW 58.17.040 (7)(e).
• Dedication and declaration signature block.
• Acknowledgement blocks.
• Surveyor's certificate, signature block and seal.
• County engineer's certificate.
• Director of planning and development services certificate.
• County health and human services department certificate.
• County treasurer's certificate.
• County auditor's certificate.
• Land surveyor notes
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