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HomeMy WebLinkAboutord2017-057WFIA TCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -309G CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Davis � 912612017 Introduction Gary E v (l , E B V E D V Division Head: 1 10/10/2017 Council- Hearing Mark Personius jW 9 - i L — (7 JEP 19 2017 WHATCOM COUNTY COUNCIL Dept. Head: Sam Ryan � 9- /� /7 Prosecutor: Karen Frakes 2 Purchasing /Budget: Executive: 145 Jack Louws (� TITLE OF DOCU ENT: Fourth 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 SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes () 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.) Fourth 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: 9/26/2017: Introduced 7 -0 10/10/17: Adopted 6 -1, Brenner opposed, Ord 2017 -057 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: i Ord 2017 -057 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. 9 -26 -2017 PROPOSED BY: Planning INTRODUCTION DATE: 9/26/2017 ORDINANCE NO. 2017 -057 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 1 of 5 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 3of5 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, on March 7, 2017 the County Council adopted Ordinance 2017 -008, a second interim ordinance; and WHEREAS, on April 18, 2017 the County Council adopted Ordinance 2017 -008, a third interim ordinance, which is effective until October 30, 2017; and WHEREAS, a fourth 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 months 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. Page 4 of 5 WHEREAS, the County Council is scheduled to hold a public hearing on this issue on October 10, 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 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; and BE IT FURTHER ORDAINED that this ordinance shall be effective for not longer than six months following its effective date. ADOPTED this loth day of October, , 2017. 51y%J%11111111l,1, WHATC�}i4!I COUNTY COUNCIL WHATCOM COUNTI , WASHINGTON UMTY ATTE9t.c<)e Co Dane Brown 15 his, Coundil Clerk "I'll111i111`.1 0", APPROV D as to form: IF Civil Deputy Prosecutor PA 014� Ba y uchanan, Chairperson Approved () Denied Date: ©eA"0z,—" Page 5 of 5 //,Q-,0/7 September 26, 2017 4.�i1 Whatcorn 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. 1 September 26, 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 buildings 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. 2 September 26, 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 necessitating potable water, rp ovide evidence of an adequate water_sgRply 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: 3 September 26, 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 ,s defined in WCC 20.97.45.1, afl-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 Water Supply. Adequate "Adequate water supply" means a supply of potable water adequate to serve a land use associated with a project permit in terms of quality_, guantit , and legal availability, as documented by a water availability notification signed by the director of the Whatcom County Health Degartment� per WCC 24.11.06a. 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 al September 26, 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 -r�et-stir-face water; 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 purveyor's waterline; or (fd) The short subdivision is 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 purveyor's water lines and: (i) The I?LJrve�yur ovate= 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 5 September 26, 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 right(s)supply exists to serve the subdivision as defined in 20.97.451 WCC� -we eF wi ";'r� •��' pt --acre bta-it� i n g a- water f+i m i t u «e; l 9± 44 9� . 9'�. (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. 2 September 26, 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 suoply 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 project permits, the applicant must provide Whatcom County planning 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. f,°•;..�.,nce of a-n -adeq wat —er supply tvelep _nt services (PDS ) e ept-wn ien The water availability notification shall document a supply of potable water adequate to serve a land use associated with a project permit in terms of quality, quantity, and leq_al availability. A. The applicant must provide evidence of legal availability in the form of: 1. A water right permit from the Department of Ecology,- or September 26, 2017 2. A letter from an approved 12ublic water purveyor with sufficient water rights, stating the ability to grovide water... or 3. Documentation that water can be su plied by a rainwater catchment system aonroved by the Whatcom County Health Department. per Department of Ecology Polic �jL 017. B. Notwithstanding the provisions of subsection A, for a new permit - exempt groundwater withdrawal er RCW 90.44.050 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 Eliza Island or Lummi Island as shown in Figure 24.11.060• or 2 A study prepared by a qualified hydrogeolo ist licensed in the State of Washington demonstrating a pTroposed 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 bathe 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 hydrogeoloaist if the county determines additional technical expertise is needed. The cost of the third party review shall be borne by the County; or 3. A mitigation-plan prepared by a gualifled h dra eolo ist licensed in the State of Washington, and apgroved by Whatcom County. The-plan shall i cr�r Iude; 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 g--qualified technical review team appointed by the county. The county may require a third party review by an independent qualified hydro Bolo ist if the count determines additional technical expertise is needed. The cost of the third party review shall be borne by the County. b. A monitoring and reporting lan including a quality assurance /quality control plan. c. Documentation ade uate to demonstrate that the mitigation will remain in place for the duration of the impact, includin for September 26, 2017 example, financial_ assurances or documentation. of Derma -ne_nt dedication of water for mitigation purposes.. C. A water availability notification is not required for: A_ 1. AiI-A project permit that does not require potable water. 2. A o'ect permit relying on a permit-exempt groundwater withdrawal pe r 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 require current documentation of water quality and quantity, as approved by the director. A residential Fernedeliog-does-net add aid,l . -4 - ,tF;; -b e-d F-_ rig M. S 0 F Fe3vit4ri-an-- n ase of floor space ef rneFe than 50 percent.- E 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 building;-however, such permits shall require current documentation of water quality-and quantity. as approved by t_ he_ director. eteFmmnes that {Rremoved the � A more G,.. drr...ms er T•eredt ,fin 50 percent g F to ef rspace-tl:�afk t k 04 M . .. September 2$2 1 10 bm ' 2,U $ fE . E¥ /1k ��/ _E_ ƒ @� /k§ {)0 m m 2)2[27[ & � r I Z 2 w 0 V ƒ$2 o 0E V � \% rQ 20Q � ag ? <�a CL gel� 2 \ 4 10 bm ' 2,U $ fE . E¥ /1k ��/ _E_ ƒ @� /k§ {)0 m m 2)2[27[ & � r I Z 2 w 0 V ƒ$2 o 0E V � \% rQ 20Q � ag ? <�a CL September 26, 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 proposed projectper WCC 24.11,060. 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 the olicant proposes to use a private well, the applicant must: 1. Notify the director of the intent to use a well. 11 September 26, 2017 2. Request that the director conduct a site inspection and approve the proposed well site. 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 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. A. Prier t �; �, of evidepee -e .a+dequa-i e watter supply wheFe the applicant 13-Weses to use a pFivate well, the-a-pp­14eant must submit. a C01,11, eteu YYi Al-•*ia'Lib'i]i'I.abi 14y""I"t[LJ'tifi'atien PFiva'. Ce 1 Heme -Wefl- feqtked-,.I .•. nts to the director- fe - a I p rLTY Ql . $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. 1Y' -m=� epesed by the applicant doe not fall TY.,: .. rC } be "ies „F ..1- ...�%_ _ GC. has .d.�f-.,.-..,-.:..e d by ri cart that . 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. 12 September 26, 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.-T-he R-s , PL I1 1. �does ri e Fall L L7'UFTA- .erS wA j rule that ter for development does not existt-; 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 provided evidence of legal availability of water for the proposed- praject per WCC 24.11.Q6i1. �Y has f} df}�'S"fl8 fi1'It wit 'n the 6-... �fi�'5 Of a .. ief, v as deteF r„-ned_,b Ie ---th . 13 September 26, 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 proposed rro ect per WCC 24.11.060. thethe dr�r.r+. not } rr_+ the h r..1 .�.f ._ area ...here DOE has applicant . .�.. _ � �. .. � �. .Y�'I'l "�}'i'L'� ri Y'�TQ 1 r}— nicT�ry l deteF °by-ni � wati 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: 14 September 26, 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 for a Private Sur fae^ t-ef Sea ed3Notification as determined by the director. 2. Provide evidence of legal availability of water for the progosed project per WCC 24.11.060. repesed b the appli 4. 1- — ennet fa If wk*l -n the -bet rc aFies of an an-DGE has .a.,t le that ater for u- �rryelnii:carent does of 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: 15 September 26, 2017 1. Provide to the director an Availability Notification for Public Water (as amended) form or a letter signed by an authorized representative of the water system proposing to serve water to each lot. The authorized representative of the public water system: 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 Proposed . PLC t)er 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. 16 September 26, 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 24.11.066 -T-he-we lte-of-el1 --s tie- aj3�il£a ] of fall ..lf 4a1M M4.is beunda ... of an area ael-.ere DOE has that i rn .n} does of exist det�i�-I- iced- Ley-- rtJ- re-- � -�-�er _ -. 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. 17 September 26, 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 per WCC 24.11.060. T-Pve -well site well ed-ky t •1- -wit- lq+n4he boundaries of an aFea .,h er-e DG&"as determined by Fule tha te ,fel —lul +pmen"oes not exist. 18