HomeMy WebLinkAboutord2017-008strikeImc_1jnon
WHATY,UM
C,'UUNI'Y
C.'UUVC,IL AUL1VDA BILL Au.
CLEARANCES
Initial
Date
Date Received in Council O ice
Agenda Date
Assi ned to:
Originator:
Davis
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2/21/2017
Introduction
Gary
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Division Head.
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3/7/2017
Council_ Hearing
Mark Personius
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FEB 14 2017
Dept. Head:
Sam Rvan
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Prosecutor:
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Royce Buckingham
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Purchasing /Budget:
CO CN C I L
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Executive:
Jack Lows
TITLE OF DOCUMENT.•
Second Interim Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom
County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title
24 Health Code, relating to water resources.
ATTACHMENTS:
Memorandum
Draft Ordinance
i
SEPA review required? (x ) Yes ( ) NO
Should Clerk schedule a hearing? ( x ) Yes O NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date
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.)
Second Interim Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom
County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title
24 Health Code, relating to water resources.
COMMITTEE ACTION.•
COUNCIL ACTION:
2/21/2017: Introduced
3/7/2017: Amended and adopted 4 -3, Brenner, Mann, and
Weimer opposed, Ord. 2017 -008
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Ord. 2017 -008
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.
2 -14 -2017
PROPOSED BY: Planning
INTRODUCTION DATE: 2/21/2017
ORDINANCE NO. 2017 -008
AN INTERIM ORDINANCE ADOPTING AMENDMENTS TO THE
WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM
COUNTY CODE TITLE 15 BUILDINGS AND CONSTRUCTION, TITLE 20
ZONING, TITLE 21 LAND DIVISION REGULATIONS, AND TITLE 24
HEALTH CODE, RELATING TO WATER RESOURCES
WHEREAS, an October 6, 2016 Washington State Supreme Court
decision ( Whatcom County, Hirst vs. Western Washington Growth
Management Hearings Board, No. 91475) has found that Whatcom County's
Comprehensive Plan does not comply with the Growth Management Act
(GMA) requirements for protecting water resources; and
WHEREAS, RCW 36.70A.070(1), requires that the land use element of
a county comprehensive plan "shall provide for protection of the quality and
quantity of groundwater used for public water supplies. "; and
WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element
of a county comprehensive plan "shall include measures that apply to rural
development and protect the rural character of the area, as established by
the county, by:... protecting critical areas ... and surface water and
groundwater resources. "; and
WHEREAS, RCW 19.27.097(1) states: "Each applicant for a building
permit of a building necessitating potable water shall provide evidence of an
adequate water supply for the intended use of the building. Evidence may be
in the form of a water right permit from the department of ecology, a letter
from an approved water purveyor stating the ability to provide water, or
another form sufficient to verify the existence of an adequate water supply.
In addition to other authorities, the county or city may impose conditions on
building permits requiring connection to an existing public water system
where the existing system is willing and able to provide safe and reliable
potable water to the applicant with reasonable economy and efficiency. An
Page 1of5
application for a water right shall not be sufficient proof of an adequate
water supply. "; and
WHEREAS, RCW 19.27.095(1) states: "A valid and fully complete
building permit application for a structure, that is permitted under the zoning
or other land use control ordinances in effect on the date of the application
shall be considered under the building permit ordinance in effect at the time
of application, and the zoning or other land use control ordinances in effect
on the date of application. "; and
WHEREAS, RCW 58.17.110(2) requires that "A proposed subdivision
and dedication shall not be approved unless the ... county legislative body
makes written findings that... appropriate provisions are made for ... potable
water supplies... "; and
WHEREAS, RCW 58.17.170(2) states that lots in a long subdivision
"shall be a valid land use notwithstanding any change in zoning laws for a
period of seven years from the date of filing if the date of filing is on or
before December 31, 2014, and for a period of five years from the date of
filing if the date of filing is on or after January 1, 2015," and, "Any lots in a
final plat filed for record shall be a valid land use notwithstanding any
change in zoning laws for a period of ten years from the date of filing if the
project is not subject to requirements adopted under chapter 90.58 RCW
and the date of filing is on or before December 31, 2007. "; and
WHEREAS, Whatcom County Code (WCC) Chapter 15.04 specifies
information required for a complete building permit application; and
WHEREAS, WCC Chapter 20.97 provides definitions of terms used in
the code; and
WHEREAS, WCC Chapters 21.04 and 21.05 contain requirements for
water supply in short subdivisions and long subdivisions, respectively; and
WHEREAS, WCC Chapter 24.11 contains requirements for drinking
water; and
WHEREAS, Whatcom County adopted Ordinance 2012 -032, amending
its Comprehensive Plan to adopt by reference existing development
regulations regulating ground water withdrawals, adding Policy 2DD- 2.C.3.6,
which adopts by reference WCC 21.04.090 and 21.05.080, and Policy 2DD-
Page2of5
2.C.3.7, which adopts by reference WCC 24.11.050 and 24.11.060; and
WHEREAS, because Comprehensive Plan Policy 2DD- 2.C.3.6 adopts
by reference WCC 21.04.090 and 21.05.080, and Policy 2DD- 2.C.3.7 adopts
by reference WCC 24.11.050 and 24.11.060, any amendments to these WCC
provisions are also amendments to the Comprehensive Plan; and
WHEREAS, the Growth Management Hearings Board (Board) found
the amended Comprehensive Plan lacked the required measures to protect
water resources (GMHB Case No. 12 -2- 0013); and
WHEREAS, on October 6, 2016, the State Supreme Court (Court), in
reversing a Court of Appeals decision, upheld the Board's decision that the
County's Comprehensive Plan does not satisfy the GMA requirements to
protect water availability, and stated, ' "We hold that the Board properly
concluded that the GMA requires counties to make determinations of water
availability. "; and
WHEREAS, the Court stated, "...the GMA places the burden on
counties to protect groundwater resources, and requires counties to assure
that water is both factually and legally available before issuing building
permits. "; and
WHEREAS, the Court stated, " "...The county's policies incorporate WCC
provisions that do not allow water to be withdrawn from 'an area where [the
Department of Ecology] has determined by rule that water for development
does not exist.' ...these ordinances further provide that an application for a
permit- exempt appropriation will be approved without any analysis of that
withdrawal's impact on instream flows. The Board found that these
provisions result in water withdrawals from closed basins and senior
instream flows —flows that the record indicated drop below the minimum
levels 100 days out of the year. The Board properly held that this conflicts
with the requirement placed on counties to protect water availability under
the GMA... "; and
WHEREAS, Chapter 173 -501 WAC Instream Resources Protection
Program - Nooksack Water Resource Inventory Area (WRIA) 1 identifies
water bodies in Whatcom County that are closed or partially closed to further
appropriation, by listing their status as "closure," "partial year closure," "low
flow," or "minimum flow, "; and
Page 3 of 5
WHEREAS, on October 25, 2016 Whatcom County adopted Ordinance
2016 -048, an emergency moratorium on the filing, acceptance, and
processing of new applications for project permits for uses that rely on
permit- exempt groundwater withdrawals within a closed or partially closed
basin, to allow the County time to review its Comprehensive Plan and
development regulations in light of the Supreme Court ruling, and to draft
and enact the necessary amendments as soon as feasible; and
WHEREAS, RCW 36.70.790 and RCW 36.70.795 allow for adoption of
interim official controls as long as a public hearing is held within 60 days of
adoption; and
WHEREAS, on December 6, 2016 the County Council adopted
Ordinance 2016 -066, an interim ordinance adopting amendments to the
Whatcom County Comprehensive Plan and WCC Title 15, Title 20, Title 21,
and Title 24 relating to water resources, which is effective until March 18,
2017, and the County has applied the provisions of the ordinance to project
permit applications relying on new permit- exempt groundwater withdrawals;
and
WHEREAS, a second interim ordinance is required to allow the County
time to pursue a permanent legislative solution to the issues raised by the
Court decision, and to provide clarity to project permit applicants in the
meantime; and
WHEREAS, in accordance with RCW 36.70A.106 Whatcom County
Planning and Development Services notified the Department of Commerce of
the proposed interim amendment; and
WHEREAS, this ordinance shall be effective for not longer than six
weeks following its effective date, but may be renewed for one or more six
month periods if subsequent public hearings are held and findings of fact are
made prior to each renewal.
WHEREAS, the County Council is scheduled to hold a public hearing
on this issue on March 7, 2017;
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County
Council adopts the above "WHEREAS" recitals as findings of fact in support
of it action as required by RCW 36.70A.390
Page 4 of 5
BE IT FURTHER ORDAINED by the Whatcom County Council that the
Whatcom County Comprehensive Plan and the Whatcom County Code are hereby
amended, on an interim basis, as shown in Exhibit A.
BE IT FINALLY ORDAINED that this
than six weeks f60'oWi'ng. its effective date.
APPROVED th�it-'it day of
ATTEST: _
`+l S
Dana Brown *Davis;'Clerk tithe Council
APPROVED AS TO FORM:
1�
Civil Deputy Prosecutor
ordinance shall be effective for not longer
March , 2017.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
arryjUchanah, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
-6iw , County Executive (Pro Tempore)*
( X ) Approved
Date Signed:
) Denied
3/8/2017
* Per Section 3.26 ;of'the Whatc6M C6unty
Charter
February 14, 2017
EXHIBIT A
Whatcom County Code
AMENDMENTS
TITLE 15 BUILDINGS AND CONSTRUCTION
Chapter 15.04
BUILDING CODES
15.04.020 Amendments to the International Building Code.
A. The IBC is amended as follows:
4. Section 105.3, Application for Permit, is amended to include the following:
To obtain the permit, the applicant shall first file an application
therefor in writing on a form furnished by the department of building
safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit
for which application is made.
2. Describe the land on which the proposed work is to be done
by legal description, street address or similar description that
will readily identify and definitely locate the proposed building
or work.
3. Indicate the use and occupancy for which the proposed work
is intended.
4. Be accompanied by construction documents and other
information as required in Section 107.
5. State the valuation of the proposed work.
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February 14, 2017
6. Be signed by the applicant, or the applicant's authorized
agent.
7. Include signature by the applicant or the applicant's
authorized agent of a statement for guarantee of fee payment.
The statement must be signed in the presence of County staff
or staff will provide a statement which includes verification of
signature by a licensed notary public.
8. Provide verification of approval to connect to a public sewer
system or a septic system installation permit issued by the
Whatcom County Environmental Health Department for any
permit application that requires sewage disposal. The approval
to connect or issued septic system permit shall be specific to
the project application.
9. For a building necessitating potable water, provide evidence
of an adequate water supply for the intended use of the
building, as defined in 20.97.451 WCC.
10. Provide additional data and information in the designated
sequence, as required by the Building Official.
15.04.030 Amendments to the International Residential Code.
C. Section R105.3, Application for permit, is amended to include the following:
To obtain the permit, the applicant shall first file an application
therefor in writing on a form furnished by the department of building
safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit
for which application is made.
2. Describe the land on which the proposed work is to be done
by legal description, street address or similar description that
will readily identify and definitely locate the proposed building
or work.
3. Indicate the use and occupancy for which the proposed work
is intended.
4. Be accompanied by construction documents and other
information as required in Section 107.
5. State the valuation of the proposed work.
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February 14, 2017
6. Be signed by the applicant, or the applicant's authorized
agent.
7. Include signature by the applicant or the applicant's
authorized agent of a statement for guarantee of fee payment.
The statement must be signed in the presence of County staff
or staff will provide a statement which includes verification of
signature by a licensed notary public.
8. Provide verification of approval to connect to a public sewer
system or a septic system installation permit issued by the
Whatcom County Environmental Health Department for any
permit application that requires sewage disposal. The approval
to connect or issued system permit shall be specific to the
project application.
9. For a building necessitazin_q potablo water, provide evidence
of an adequate water_suoppy for the intended use of the
building, as defined in 20,97.451 WCC.
10. Provide additional data and information in the designated
sequence, as required by the Building Official.
TITLE 20 ZONING
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.200 Conditional uses.
20.84.220 Criteria.
Before approving an application for a conditional use permit, the hearing examiner
shall ensure that any specific standards of the use district defining the conditional
use are fulfilled, and shall find adequate evidence showing that the proposed
conditional use at the proposed location:
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February 14, 2017
(5) Will be serviced adequately by necessary public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, adequate
water supply as defined in WCC 20.97.451,. an-d- sewers, and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
Chapter 20.97
DEFINITIONS
20.97.451 Watgr Skipplyr Adeguate
"Adequate water supply" means a supply of potable water ade uate to serve
a land use associated with a project permit in terms of quality, quantity, and legal
availability. as documented b a water availability notification signed by the director
of the Whatcom County Health Department, per WCC 24.11.450.
TITLE 21 LAND DIVISION REGULATIONS
Chapter 21.04
SHORT SUBDIVISIONS
21.04.090 Water supply.
(1) Water from a public water system(s) shall be provided to serve each lot in a
short plat, except as specified in subsection (2) of this section.
(2) For a residential short subdivision, private water supplies may be utilized under
the following circumstances:
(a) All lots served by the private water supplies are five acres or larger, unless
smaller because of clustering. If the lots are smaller because of clustering, the
gross density of the short subdivision shall not exceed one dwelling per five
acres; and
(b) The withdrawal is not from a defined portion of an aquifer of known
regional ground water contamination that exceeds state standards and that
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February 14, 2017
has been identified by the director of the health department and confirmed by
the board of health; and
(c) The water source is ground water -and not ace ureter; and
(d) The applicant demonstrates that adequate water supply exists to serve the
subdivision, as defined in 20.97.451 WCC; and
(e The short subdivision is not located within the designated water service
area of a public water purveyor that is- shown on the coordinated water system
plan map or within one -half mile of an existing_ water _purve.yor's water line; ar
(fb) Tighe short subdivision is located
area of a public water purveyor that is
plan map or within one -half mile of an
and:
_within the designated water service
shown on the coordinated water system
existing water purveyor's water lines
(i) The PL]rveyor water-cannot be- provided water service to the applicant
within 120 calendar days of submitting a written request and applicable
fees to the purveyor unless specified otherwise by the hearing examiner or
county council; or
(ii) The purveyor states in writing that it is unable or unwilling to provide
the service; or
(iii) The purveyor and applicant are unable to achieve an agreement on
the schedule and terms of provision of service within 120 calendar days.
(3) If a public water supply is required, all the requirements of Chapter 246 -290
WAC, Group A Public Water Systems, or Chapter 246 -291 WAC, Group B Public
Water Systems, must be met prior to final plat approval.
CHAPTER 21.05
PRELIMINARY LONG SUBDIVISIONS
21.05.080 Water supply.
(1) Water from a public water system(s) shall be provided to serve each lot in a
subdivision, except as specified in subsection (2) of this section.
(2) For a residential subdivision with six or fewer residences, private water supplies
may be utilized under the following circumstances:
(a) All lots served by the private water supplies are five acres or larger, unless
smaller because of clustering. If the lots are smaller because of clustering, the
gross density of the subdivision shall not exceed one dwelling per five acres
and the number of clustered lots shall not exceed four; and
February 14, 2017
(b) The withdrawal is not from a defined portion of an aquifer of known
regional ground water contamination that exceeds state standards and that
has been identified by the director of the health department and confirmed by
the board of health; and
(c) The water source is ground water and not surface water; and
(d) If the subdivision is within the designated water service area of a public
water purveyor that is shown on the coordinated water system plan map or
within one -half mile of an existing water purveyor's water lines:
(i) The water cannot be provided to the applicant within 120 calendar days
of submitting a written request and applicable fees to the purveyor unless
specified otherwise by the hearing examiner or county council; or
(ii) The purveyor states in writing that it is unable or unwilling to provide
the service; or
(iii) The purveyor and applicant are unable to achieve an agreement on
the schedule and terms of provision of service within 120 calendar days.
(3) The applicant shall demonstrate that adequate water Ag#t{- up�l.y exists to
serve the subdivision, as defined in 20.97.451 WCC, e*eept-when— water--w- it- i- l- r-awal
is-,e-xeffipt m-ob' -a-i- i-n it-- #FFJer } G_W 90 4 0SQ
(4) If a Group B public water system is created to serve the subdivision, the
number of wells shall be limited to the minimum needed to serve the water needs
of the subdivision as determined by the health department.
(5) If a public water supply is required, all the requirements of Chapter 246 -290
WAC, Group A Public Water Systems, or Chapter 246 -291 WAC, Group B Public
Water Systems, must be met prior to final plat approval.
TITLE 24 HEALTH CODE
Chapter 24.11
DRINKING WATER
24.11.050 General requirements.
A. Applicants must submit all required forms, letters and documents to the director.
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February 14, 2017
B. The director will consider applications for water availability proposing to use
groundwater, spring water, surface water, sea water or rainwater.
C. The director shall evaluate the availability of a public water system prior to
approving the use of a private water system. If it is determined that a public water
system is available and willing to provide water, the applicant must connect to that
public water system when:
1. The applicant proposes to use surface water, spring water, rainwater, or
contaminated groundwater; or
2. The applicant proposes to build on a lot located in a short subdivision or
long subdivision that Whatcom County approved based on the availability of
public water; or
3. The existing public water system has water lines adjacent to the property
line of the applicant and connection is consistent with RCW 36.70A.110(4); or
4. The existing public water system has defined a "service area boundary" in
accordance with the Whatcom County Coordinated Water System Plan which
includes the property of the applicant.
D. The director will only approve a private or Non Group B 2 party well for proposed
short subdivisions or long subdivisions when analytical results of untreated water
samples for primary inorganic or organic contaminants do not exceed a maximum
contaminate level (MCL) adopted by Washington State Department of Health.
E. Purveyors of public water systems and private water system applicants must
comply with Washington State Department of Ecology water right requirements and
must demonstrate that they have an adequate water supply for their proposed
service per WCC 24..11.060. Compliance will include at a minimum, possession of a
water right permit or certificate for:
1. All surface water sources excluding seawater.
2. All groundwater sources using more than 5,000 gallons per day.
3. Irrigating more than one -half acre of lawn or noncommercial garden.
24.11.060 Water availability required.
Prior to issuance of a building permit or other prgiect_..permits, the applicant must
provide Whatcom Count Tannin and development services evidence of adequate
water supply as documented by a water availability notification signed by the
director except as described in subsection B. evidence of an adequate water Y
to Whate County ".!Rg and d -e elep n} see DS. exeept w The
water availability notification shall document a supply of otable water ade uate to
serve a land use associated with a project permit in terms of quality- and
legal availability.
A The applicant must provide evidence of legal availability in the form of:
1 A water right hermit from the Department of Ecology. or
February 14, 2017
2_,_ A letter from an appraved u�blic water purveyor with sufficient water
rights, stating the ability to provide waterer,
3. Documentation that water can be supplied by a rainwater catchment
system approved by the Whatcom County Health Department. per
Department of Ecology Policy 1017.
B. Notwithstanding the provisions of subsection A for a new permit-exe t
groundwater withdrawal per RCW 901.44.050 the applicant must provide
evidence of legal availability in the form of:
1. documentation that the well site is located in the Samish River
watershed,or in Point Roberts,._ Liza Island, or Lummi Island, as shown in
Figure 2.4.1.1,_0.60 or
2. A study prepared by a qualified h dro eologist licensed in the State of
Washington demonstrating a proposed groundwater withdrawal would not
impair a senior water right, including instream flows established in
Chapter 173 -501 WAC where applicable, in accordance with current
statutes and case law. Such documentation must be verified by the
county either-through consultation with the Department of Ecology, or a
qualified technical review team appointed by the county. The county may
require a third party review by an independent qualified hydrogeologist if
the county determines additional technical expertise is needed. The. cost
of the third party_review_ shall be the permit applicant's responsibility, or
3. A mitigation plan prepared by a qualified h_ydrogeologist licensed in the
State of Washington, and approved by Whatcom County. The 21an shall
include:
a. Evidence that the proposed withdrawal with mitigation in place will
not impair a senior water right, including instream flows established
in Chapter 173 -501 WAC where applicable, in accordance_ with
current statutes and case law. Such documentation must be
verified by the county either through consultation with the
Department of Ecology, or a qualified technical review team
appointed by the count. The county may require a third party
review by an independent qualified hydro eologist if the county
determines additional technical expertise is needed. The cost of the
third party review shall be the permit applicant's_ responsibility.
b. A monitoring and reporting_ plan, including _@ quality
assurance quality control elan.
February 14, 2017
c. Financial assurance to ensure mitigation measures for the duration
of the water use and prohibit water provided for the purpose of
mitigation from appropriation for any other.purpose.
C. A water availability notification is not required for:.
1. deg -Q project permit that does not require potable water.
8-. 2 A project permit relying on a permit- exempt groundwater withdrawal per
RCW 90.44.050, and proposing (a) a remodel of an existing building or (b)
replacement of a demolished or removed building, but not proposing a change of
use; however, such permits shall re uire current documentation of water quality
and quantity, as approved by the director. " r-esidentia'_�h, � li-Rg-lees- Rot -a-ef+d
add ittef-a� -I + -eew,. s or result in an 5"e�ce -nt-
3. A project permit relying on surface water withdrawal for potable water, and
proposing. (a) a remodel of an existing building or (b) replacement of a demolished
or removed building, either of which would increase the floor area by no more than
50 percent over that of the existing buildin • however, such permits shall require
current documentation of water qualiM and quantity, as approved by the director.
1 .-. .e effnMeS'�ra% %.11 e-bui g wt�- -�`�laEf-a dernelis ed OF Femeved building and
+the - building - Wi- li-- i net -have - mere - vetn-= rra°vi= - -FR$re than 50 pTfeentt
space than the Iii
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February 14, 2017
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February 14, 2017
24.11.070 Determining adequacy of water supply for building permit
applications proposing to use an existing public water system.
A. Prior to director approval of evidence of an adequate water supply where the
applicant proposes to obtain water from an existing public water system the
applicant must:
1. Submit to the director, an Availability Notification for Public Water form (as
amended) signed by an authorized representative of the water system
proposing to serve water to the building. The authorized representative:
a. Must indicate on the form that the water system will provide water to the
proposed building.
b. Must sign a statement that they have reviewed the system records and
ensures that the water system complies with Chapters 246 -290 and 246-
291 WAC and department requirements.
B. The director will review the completed Availability Notification For Public Water
(form) for approval. The director will approve the completed form if:
1. The applicant and the authorized representative met all the criteria listed on
the form.
2. The purveyor of the water system has the approval from DOH or the
department to provide water to the building.
3. The applicant has provided evidence of legal availability of water for the
propDsed ❑ro'eW _ .06Q. 4
24.11.080 Determining adequacy of water supply for of building permit
applications proposing to create a new public water system.
Prior to director approval of evidence of an adequate water supply, an applicant
proposing to create a new public water system must comply with:
A. Provisions of the Whatcom County Coordinated Water System Plan.
B. Chapters 246 -290 and 246 -291 WAC, and all other applicable local and state
regulations for public water supplies.
C. The applicable sections of this chapter pertaining to public water supplies and
water availability.
24.11.090 Determining adequacy of water supply for building permit
applications proposing to use a well to serve one single - family dwelling or
one single - family living unit.
A. Prior to director approval of evidence of an adequate water supply where th
applicant proposes to use a_pr yate well, the applicant must:
1. Notify the director r3f the intent to use a well.
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February 14, 2017
2. Request that the director conduct a site ins ection and a rove the roposed
well site.
B. Upon request from the ap licant the director will conduct a site inspection for
the-12urpose of approyLg approving the location. If the director cannot approve a well location
the director will deny the application and give the reasons for denial.
C. If the director approves the well location the applicant shall submit a completed
Water Availability Notification Private - 1 Home Well form (as amended ) and all
required documents to the director for approval.
hef
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VVa _ ti•LTn Private 1 rrirme Well "rral=m is c'r a ided)-a
�� i red .sec xa
rnnts 'Ee 1.1-Ah . dire -k F Few} -. approval..,
$D. The director will review the completed form and required documents submitted
by the applicant for approval. The director will approve the form if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the
proposed project per WCC 24.11.060. weh H—ffit�p sed- by-the arR^ fTt does
net fa -1 within rah.. 4• ounAefies of an a where ere DOE has e m nedyuPc
th .U-1 ate., .evelepment lees -fit
24.11.100 Determining adequacy of water supply for building permit
applications proposing to use a well to serve two single - family dwellings or
two single - family living units.
A. Prior to director approval of evidence of an adequate water supply where the
applicant proposes to use a well to serve two single - family dwellings or two single -
family living units, the applicant must:
1. Notify the director of the intent to use a well or wells.
2. Request that the director conduct a site inspection and approve the
proposed well sites.
B. Upon request from the applicant, the director will conduct a site inspection for
the purpose of approving the location. If the director cannot approve a well location
the director will deny the application and give the reasons for denial.
C. If the director approves the well locations the applicant shall submit a completed
Water Availability Notification Non -Group B - 2 Home Well form (as amended) and
all required documents for each well to the director for approval.
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February 14, 2017
D. The director will review the completed form and required documents submitted
by the applicant for approval. The director will approve the form if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the
proposed_ project per WCC 24.11.060, 414�4 sitet
does not f614-wi }h' the 1.ar.,,....d....ies 4-a ,.he fe DO r-ea
rLj'e that water FEW developMent-does-net-exist-.
24.11.110 Determining adequacy of water supply for building permit
applications proposing to use a spring to serve one single - family dwelling
unit or one single - family living unit.
A. Prior to director approval of evidence of an adequate water supply where the
applicant proposes to use a spring source, the applicant must:
1. Notify the director of the intent to use a spring.
2. Provide information to the director showing that they cannot drill an
adequate well on their property.
3. Request that the director conduct a site inspection and approve the
proposed location of the spring.
B. Upon request from the applicant, the director will conduct a site inspection for
the purpose of approving the location. If the director does not approve the location
the director will deny the application and give the reason for denial.
C. If the director approves the location of the spring the applicant must submit a
completed Water Availability Notification Private - 1 Home Spring form (as
amended) and all required documents for approval by the director.
D. The director will review the completed form and required documents for
approval. The director will approve the application if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has_praYided evidence of legal availability of water for the
proposed project per
lWCyCy24 .11.060. T �e f$� -fie
ap i an't dwesi "l- b__mh;-n4he
hf....+.-1-..ies .ef area where DOE h s
hat water f r •ira. Yrzl-epfnent does 1 1st
13
February 14, 2017
24.11.120 Determining adequacy of water supply for building permit
applications proposing to use a spring to serve two single - family dwelling
units or two single - family living units.
A. Prior to director approval of evidence of an adequate water supply where the
applicant proposes to use a spring source, the applicant must:
1. Notify the director of the intent to use a spring.
2. Provide information to the director showing that an adequate well cannot be
drilled on their property.
3. Request that the director conduct a site inspection and approve the
proposed location of the spring.
B. Upon request from the applicant, the director will conduct a site inspection for
the purpose of approving the location. If the director does not approve the location,
the director will deny the application and give the reasons for denial.
C. If the director approves the location of the spring the applicant must submit a
completed Water Availability Notification - 2 Home Spring form (as amended) and
all required documents for approval by the director.
D. The director will review the completed form and required documents for
approval. The director will approve the application if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the
p(pp_osed project per WCC 24.11.060. The spring or -spHng sites prep^se -by
thpp . %A%J�_O not, IM1111 within the � boundaries f an area where iD+GE hrasF
deter -mi y- fnute-that- F few dev-O �m -ent does -n t e-xist.
24.11.130 Determining adequacy of water supply for building permit
applications proposing to use surface water, sea water or rainwater for
one or two single - family dwelling units or two single - family living units.
A. The director shall not approve use of surface water, sea water, or rainwater as
evidence of an adequate water source unless the applicant:
1. Cannot obtain water from an existing public water supply.
2. Cannot use an approved source of groundwater from a well.
3. Could only use contaminated groundwater.
B. Prior to director approval of evidence of adequate water supply the applicant
must:
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February 14, 2017
1. Meet all applicable requirements for surface water, sea water or rainwater
treatment design, maintenance and operation contained in Whatcom County
health and human services Water Availability I-()r -tee Surface e Weter
Sc rc- e- oas--amen�ded- )Notificatioi as determined by the director.
2. Provide evidence of legal availability of water for the proposed project per
WCC 24.11.060. Tre- s.....face . atef nee -p-rap ed y the appRca�eesnot fall
ei�hir. the .�.i -..n' F ..4a. -.r.. 1"1C1— L. mined i��r liir_L"L 4 -Wirer
pQ7[Tl7TTZ7�'e bouiTT}e ies J'i�7Tl�'fT-'ea 149 s. v Fole Z! IUL YvG l�..l
r rl,rw. srtl k . ees not exist.
3. Meet all other state and local regulations.
4. Sign and have recorded with the Whatcom County auditor's office the
following documents:
a. A document stating which contaminate the untreated source water
exceeded.
b. A document stating that the applicant has had a water treatment
system designed that meets Whatcom County health and human services
Water Availability Approval for a Surface Water Source (as amended), and
secures a potable water supply for the building.
c. A document stating that the applicant has installed a treatment system
according to the design reviewed by the director and treated water sample
results that verify system performance.
d. A document stating that the applicant agrees to adhere to the
operation, maintenance, and monitoring plan for the designed treatment
system.
e. A document stating that the applicant understands that the obligation
to comply with treatment system design, installation, operation and
monitoring lies with the applicant and not Whatcom County.
f. When the public system is available, any person obtaining water from
contaminated source must provide current test results showing water
treatment is adequately maintaining water quality below maximum
contaminant levels (MCL). If the quality does not meet the MCL, the
applicant is required to hook up to a public system.
24.11.140 Determining adequacy of water supply for short subdivisions,
long subdivisions or binding site plans proposing to use an existing public
water system.
A. Prior to director approval of availability of an adequate water supply where the
applicant proposes to obtain water from an existing public water supply to service
lots of a short subdivision, long subdivision, or a binding site plan the applicant
must:
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1. Provide to the director an Availability
amended) form or a letter signed by an
system proposing to serve water to eac
the public water system:
February 14, 2017
Notification for Public Water (as
authorized representative of the water
i lot. The authorized representative of
a. Must indicate that the water system will provide water to each proposed
lot.
b. Must sign a statement that they have reviewed the system records and
ensures that the water system is in compliance with Chapters 246 -290
and 246 -291 WAC and department requirements.
B. The director will review the completed form or letter to determine the availability
of adequate water. The director will make a determination of adequate water when:
1. The applicant and the authorized representative meet all the criteria listed
on the form.
2. The purveyor of the water system has the approval from DOH or the
department to provide water to the short subdivision, long subdivision or
binding site plan, except for Group A water systems the following conditions
also apply:
a. DOH has issued a green operating permit to the purveyor; or
b. DOH has determined that the purveyor significantly complies with
Chapter 246 -290 WAC
3. The applicant has provided evidence of legal availability of water for the
p pgos ed project per 'WCC 24.11.060.
24.11.150 Determining adequacy of water supply for short subdivisions,
long subdivisions or binding site plans proposing to use a new public water
system.
Prior to director approval of availability of an adequate water supply where the
applicant proposes to create a new public water supply to service lots of a short
subdivision, long subdivision, or a binding site plan the applicant must comply with:
A. Provisions of the Whatcom County Coordinated Water System Plan.
B. Chapters 246 -290 and 246 -291 WAC, and all other applicable local and state
regulations for public water supplies.
C. The applicable sections of this chapter pertaining to public water supplies and
water availability.
24.11.160 Determining adequacy of water supply for short subdivisions or
long subdivisions proposing to use a private well or private wells to serve
one single - family dwelling or one single - family living unit.
Q.
February 14, 2017
A. Prior to director approval of availability of an adequate water supply where the
applicant proposes to use a private well or private wells to service lots of a short
subdivision or long subdivision the applicant must:
1. Notify the director of the intent to use a private well or wells.
2. Request that the director conduct a site inspection and approve the
proposed well sites.
B. Upon request from the applicant, the director will conduct a site inspection for
the purpose of approving the location. If the director cannot approve a well location
the director will deny the application and give the reasons for denial.
C. If the director approves the well locations the applicant shall submit a completed
Subdivision Water Availability form (as amended) and all required documents for
each well to the director for approval.
D. The director will review each completed form and required documents for
approval. The director will approve the availability of adequate water when:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the
proposed project per WCC 24.11.060. The well site OF sites -°'' pe by
1-L.,, ..1;. �.,i �31Ls..t�,3., fM.. h„,...J ....,.- .A� 1... Dts
t�h,., 44 rrrrr�rn "ra-re&rcT�-
deter- m�-lby F development dees of xice
24.11.170 Determining adequacy of water supply for short subdivisions or
long subdivisions proposing to use a well to serve two single - family
dwellings or two single - family living units.
A. The applicant shall create a Group B Public water supply as defined in Chapter
246 -291 WAC when WCC Title 21 requires the applicant to provide public water
service to each lot. This includes a water system where one well services two lots.
B. Prior to director approval of availability of an adequate water supply where the
applicant proposes to use one well to service two lots of a short subdivision or long
subdivision when public water is not required the applicant must:
1. Notify the director of the intent to use a well or wells.
2. Request that the director conduct a site inspection and approve the
proposed well sites.
C. Upon request from the applicant, the director will conduct a site inspection for
the purpose of approving the location. If the director cannot approve a well location
the director will deny the application and give the reasons for denial.
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February 14, 2017
D. If the director approves the well locations the applicant shall submit a completed
Subdivision Water Availability form (as amended) and all required documents for
each well to the director for approval.
E. The director will review each completed form and required documents for
approval. The director will approve the availability of adequate water when:
1. The applicant met all the criteria listed on each of the forms.
2. The applicant submitted all of the required documents.
3. The applicant has _provided evidence . of legal availability of water for the
,proposed project t� e �-e—prepeseby
the -ap pi s
-not fa l l with DOE has
deteffnit�ed- by- rttle4h- at-- wateei €fa"evelepm- nt-cl ,net-e*ist
. . 0 . ■
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