HomeMy WebLinkAboutord2018-032WHATCOM COUNTY COUNCIL AGENDA BILL N.n_ 2018 -056
CLEARANCES
Initial
Date
Date Received in Council Office
A enda Date
Assigned to:
Originator:
Amy Keenan
111712018
1/30/18
-
PC
g / J
p
JAN 23
WHATCOM
Introduction
Division Head:
MarkPersonius
-ri'L�
2/13/18
Special COTW
Dept. Head:
Sam Ryan
2/13/18
Council
Prosecutor:
Royce Buckinghamf
2/27/18
SCOTW
Purchasing /Budget:
/27/2018
SCOTW
l
0 JJ
Executive:
Jack Louws °�l�
� ��
4/24/2028
SCOTW
L
TITLE OF DO NT.• 5/22/2018 ( SCOTW w;
5/18 Hearing
_.6.__/.
Ordinance amendin g Whatcom Count y Code Title 2 Administration and Personnel; Title 9 Public Peace Morals and Welfare; Title 16
Environment; Title 20 Zoning; Title 21 Land Division Regulations; Title 23 Shoreline Management Program; Title 24 Health; and
creating a new Title 22 Land Use and Development Procedures, to relocate and revise procedures for land use and development related
project permits and legislative actions.
ATTACHMENTS:
1. Staff Memorandum
2. Draft Ordinance
3. Staff Report, October 18, 2017
4. Findings and recommendations of the Planning Commission
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes (x) 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.)
Ordinance amending Whatcom County Code Title 2 Administration and Personnel; Title 9 Public Peace, Morals and Welfare; Title 16
Environment; Title 20 Zoning; Title 21 Land Division Regulations; Title 23 Shoreline Management Program; Title 24 Health; and
creating a new Title 22 Land Use and Development Procedures, to relocate and revise procedures for land use and development related
project permits and legislative actions.
COMMITTEE ACTION.'
COUNCIL ACTION.'
2/13/2018: Held in Committee
1/30/2018: Introduced 7 -0
3/27/2018: Presented, comments received, and discussed
2/13/2018: Held in Committee
4/10/2018: Presented, discussed, and heard testimony
2/27/18: Discussed in SCOTK Held in committee for
4/24/2018: Held in Committee
four weeks (March 27). The focus will be
5/22/2018: Amended and forwarded three staff
on vesting.
recommendations to introduction
5/22/2018: Introduced 7 -0
6/5/2018: Adopted 6 -1, Donovan opposed, Ord. 2018 -032
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2016 -00008
Ord. 2018 -032
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:
INTRODUCTION DATE:
ORDINANCE NO. 2018 -032
ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2
ADMINISTRATION AND PERSONNEL; TITLE 9 PUBLIC PEACE,
MORALS AND WELFARE; TITLE 15, BUILDING AND CONSTRUCTION;
TITLE 16 ENVIRONMENT; TITLE 20 ZONING; TITLE 21 LAND
DIVISION REGULATIONS; TITLE 23 SHORELINE MANAGEMENT
PROGRAM; TITLE 24 HEALTH; AND CREATING A NEW TITLE 22 LAND
USE AND DEVELOPMENT PROCEDURES, TO RELOCATE AND REVISE
PROCEDURES FOR LAND USE AND DEVELOPMENT RELATED PROJECT
PERMITS AND LEGISLATIVE ACTIONS
WHEREAS, Whatcom County Planning and Development Services has
proposed amendments to the Whatcom County Code; and
WHEREAS, The Whatcom County Council reviewed and considered
Planning Commission recommendations, staff recommendations, and public
comments on the proposed amendments; and
WHEREAS, The County Council hereby adopts the following findings of
fact:
FINDINGS OF FACT
1. Whatcom County Planning and Development Services has submitted an
application for amendments to add a new Title 22 Land Use and
Development Procedures, and amend Titles 2, 9, 15, 16, 20, 21, 23 and
24 to move procedural content to the new Title 22.
2. A determination of non - significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on October 16, 2017.
3. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on September 20, 2017.
4. Notice of the Planning Commission public hearing for the amendments was
published in the Bellingham Herald on October 13, 2017.
5. The Planning Commission held a public hearing on the proposed
1
amendments on October 26, 2017.
6. In 1995 the State Legislature adopted legislation regarding procedures for
county land use and development applications (ESHB 1724; 36.70B RCW).
The intent of the legislation was to ensure that applications were
processed in a timely, predictable manner, and that different applications
involving the same project could be consolidated.
7. Whatcom County Code adopted a new Chapter 2.33 in 1996 in response to
the 1995 state legislation. This new chapter contained many of the project
permit review procedures, but many procedural sections remained in
various sections of the County code, including Title 16 Environment, Title
20, Zoning, Title 21 Land Division Regulations, and Title 23 Shoreline
Management.
8. The proposed Title 22 Land Use and Development Procedures would
contain administrative procedures that are now located throughout
different titles and chapters in Whatcom County Code, eliminating
redundancy and, in some cases, inconsistency between code chapters.
9. The proposed Chapter 22.05 Project Permit Procedures would consolidate
procedures for project permits in one place.
10. RCW 36.70B.020(4) defines project permits as "...any land use or
environmental permit or license required from a local government for a
project action, including but not limited to building permits, subdivisions,
binding site plans, planned unit developments, conditional uses, shoreline
substantial development permits, site plan review, permits or approvals
required by critical area ordinances, site - specific rezones authorized by a
comprehensive plan or subarea plan, but excluding the adoption or
amendment of a comprehensive plan, subarea plan, or development
regulations..."
11. Because vesting principles apply to applications beyond those described in
Title 20 Zoning, the vesting provisions are proposed to be moved from
Title 20 to the new Title 22, which applies to all land use and development
projects. The revised wording in the proposed 22.05.060 uses state law's
phrase, "zoning or other land use control ordinances" so that County
regulations will be consistent with state statute and case law.
12. 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."
91
13. RCW 58.17.033(1) states, "A proposed division of land, as defined in RCW
58.17.020, shall be considered under the subdivision or short subdivision
ordinance, and zoning or other land use control ordinances, in effect on
the land at the time a fully completed application for preliminary plat
approval of the subdivision, or short plat approval of the short subdivision,
has been submitted to the appropriate county, city, or town official."
14. The proposed Chapter 22.10 Legislative Procedures combines procedures
for comprehensive plan amendments and zoning amendments (including
both zoning map changes and code text amendments), from current
Chapters 2.160 and 20.90, respectively.
15. The proposed Chapter 22.20 Land Use and Development Code
Interpretation Procedures would add procedures for citizens to request
PDS interpretations of the County's land use and development codes to
clarify conflicting or ambiguous wording. Interpretation procedures
commonly appear in other jurisdictions' codes, but Whatcom County Code
has no such provision.
16. The proposed Chapter 22.25 would contain the fee provisions now
contained in WCC 20.04.090 - .092 so that it would apply to other
development - related titles of the Whatcom County Code beyond Title 20
Zoning.
17. Some highly detailed requirements currently found in the code are
proposed to be removed from code and consolidated into an
Administrative Manual that can be updated without requiring a code
amendment.
18. The Whatcom County Comprehensive Plan supports streamlining
regulations.
CONCLUSIONS
1. The amendments to the zoning code are in the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive
Plan.
3
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as
shown on the following Exhibits:
• Exhibit A: Title 22
• Exhibit B: Title 2 -
• Exhibit C: Title 9 -
Codes; Title 16 -
Title 24 - Health
• Exhibit D: Title 20
• Exhibit E: Title 21
- Land Use and Development Procedures
Administration and Personnel
Public Peace, Morals and Welfare; Title 15 - Building
nvironment; Title 23 - Shoreline Management Program;
- Zoning
- Land Division Regulations
ADOPTED this Stn day of
WHATCOM �gUNTY COUNCIL
WHATvC M 5 bib 6 ,WASHINGTON
a �
ran
l5,ana * tWvis, Cq�ncil Clerk
APPROVE as to form:
vil Deputy Prosecutor
June
, 2018.
51
l �
Rud Browne, Chairperson
Approved () Denied
Jack Louw ,-Executive
Date:
Title[322[Amendments(] I May[22,[2018®
0
EXHIBIT A
Whatcom County Code Title 22
AMENDMENTS
Title 22
Land Use and Development Procedures
Chapters:
22.05 Project Permit Procedures
22.10 Legislative Action Procedures
22.15 Code Compliance Procedures
22.20 Land Use and Development Code Interpretation Procedures
22.25 Land Use and Development Fees
Chapter 22.05
PROJECT PERMIT PROCEDURES
Sections:
22.05.010 Purpose and applicability.
22.05.020 Project permit processing table.
22.05.030 Consolidated permit review.
22.05.040 Preapplication conference.
22.05.050 Application and determination of completeness.
22.05.060 Vesting.
22.05.070 Notice of application.
22.05.080 Posting of application.
22.05.090 Open record hearings.
22.05.100 Consistency review and recommendations.
22.05.110 Final decisions.
22.05.120 Recommended decisions to county council.
22.05.130 Permit review timeframes.
Title[22CAmendmentsM Ea May[22,[2018®
P1
22.05.140 Expiration of project permits.
22.05.150 Permit revocation procedure.
22.05.160 Appeals.
22.05.170 Annual Report.
22.05.180 Interpretation, conflict, and severability.
22.05.010 Purpose and applicability.
(1) The purpose of this chapter is to combine and consolidate the application,
review, and approval processes for project permits and appeals as defined in WCC
20.97.321. It is further intended for this chapter to comply with the provisions of
Chapter 36.70B RCW. These procedures provide for a consolidated land use permit
process and integrate the environmental review process with the procedures for
review of land use decisions.
(2) This chapter applies to the processing of project permit applications for
development and appeals related to the provisions of WCC Title 15 Building and
Construction, Title 16 Environment, Title 17 Flood Damage Prevention, Title 20
Zoning, Title 21 Land Division Regulations, and Title 23 Shoreline Management. The
provisions of this chapter shall apply to all project permit applications as defined in
RCW 36.70B.020, and other administrative decisions, as listed in the table in WCC
22.05.020.
22.05.020 Project Permit Processing Table
(1) Marked boxes in the table below indicate the required general steps for
processing all project permit applications or administrative actions. The
requirements for each step listed in the top row of the table are provided in WCC
sections 22.05.040 through 22.05.160, as indicated. Specific requirements for each
project permit can be found through the references given in the table.
Title[22CAmendmentsF?l
May[22,[2018®
Permit Application
Processing Table
WCC
Reference for
Specific
Requirements
Preapp.
Required
(see
22.05.040)
Det. of
Complete-
ness
Required
(see
22.05.050)
Notice of
Application
Required
(see
22.05.070)
Site Posting
Required
(see22.05.0
60)
Notice of
Open Record
Hearing
Required (see
22.05.090)
Open Record
Hearing Held By:
(see 22.05.090)
County Decision Maker
(see 2.11.210,
22.05.120)
Appeal Body
(see 2.11.210,
22.05.160,
23.60.150H)
Type I Applications (Administrative decision with
no public notice or hearing)
Boundary Line Adjustment
21.03
✓
Administrator
Hearing Examiner
Building Permit
15.04
✓ f
✓
Administrator
Hearing Examiner i
Natural Resource Assessment
Title 16
✓
Administrator
Hearing Examiner
Commercial Site Plan Review
✓
Administrator
Hearing Examiner
Exempt Land Division
21.03
✓
Administrator
Hearing Examiner
Floodplain Dev Permit
Title 17
Administrator
Hearing Examiner
Land Disturbance Permit
15.040 &
20.80
✓
Administrator
Hearing Examiner
Lot of Record /Lot Consolidation
20.83&
20.97.220
✓
Administrator
Hearing Examiner
Non-conforming Use
20.83
✓
Administrator
Hearing Examiner
Removal of Development
Moratorium
20.80.738
(3)
Shoreline Exemption
23.060
✓(a)
✓
Administrator
Hearing Examiner
Zoning Interpretation
22.20
Administrator
Hearing Examiner
Type II Applications (Administrative decision
with public notice;
no public hearing)
Administrative Use
20.84.235
✓
✓
✓
✓
Administrator
Hearing Examiner
Lot Consolidation Relief
20.83.070
✓
✓
✓
Administrator
Hearing Examiner
Reasonable Use b
16.16
✓
✓
✓
Administrator
Hearing Examiner
Shoreline Substantial (c)
23.60
✓(a)
✓
✓
✓
Administrator (d)
Shoreline Hearings
Board h
Shoreline Conditional Use c
23.60
✓ a
✓
✓
✓
Administrator d
Hearin g Examiner
Short Subdivision
21.04
✓
✓
✓
✓
Administrator
Hearing Examiner
Type III Applications (Hearing Examiner decision with public notice and
public hearing)
Conditional Use
20.84.200
✓
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Floodplain Development
Variance
Title 17
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Long Subdivision
21.05
✓
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Binding Site Plan
21.07
✓
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Reasonable Use a
16.16
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Removal of Development
Moratorium
20.80.738
2
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Shoreline Conditional Use
23.06
✓(a)
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner (d)
Shoreline Hearings
Board h
Shoreline Substantial
23.06
✓(a)
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner (d)
Shoreline Hearings
Board h
Shoreline Variance
23.06
✓(a)
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner (d)
Shoreline Hearings
Board h
Zoning or Critical Areas
Ordinance Variance
20.84.100
or
16.16.270
✓
✓
✓
✓
✓
Hearing Examiner
Hearing Examiner
Superior Court
Type IV Applications (County Council decision with public notice and public hearing)
Development Agreement
2.11.205
✓
✓
✓
✓
✓
Hearing Examiner
County Council
Superior Court
Major Project Permit
20.88
✓
✓
✓
✓
✓
Hearing Examiner
County Council
Superior Court
Planned Unit Development
20.85
✓
✓
✓
✓
✓
Hearing Examiner
County Council
Superior Court
Check[3na rks ®nd icatelblgtep[3sl3eq u i red;l leferencei3etters[ lefer 3omheMotes ®n[3ubsectionl2).
Title[22CAmendmentsM M May[22,[2018®
(2) Project Permit Processing Table Notes. As indicated in the table in subsection
(1), project permits are subject to the following additional requirements:
(a) Preapplication conference subject to Title 23 Shoreline Master Program.
(b) Single family residential uses in critical areas or critical area buffers, except
all uses in geological hazardous areas and setbacks.
(c) Shoreline Permit public hearing decision determined pursuant to Title 23
Shoreline Master Program. If a public hearing is required the Shoreline Permit
shall be processed as a Type III application.
(d) Pursuant to WCC 23.60 and 23.70, final administrative determinations or
decisions as appropriate shall be filed with, or approved by, the Washington
State Department of Ecology.
(e) All uses in geological hazardous areas and setbacks and all non - single family
residential uses in critical areas or critical area buffers.
(f) Building permit preapplication conference, subject to WCC
15.04.020(A)(3)(a).
(g) The hearing examiner may choose to consult with the development
standards technical advisory committee concerning technical matters relating to
land division applications.
(h) Whatcom County shall consider an appeal of a decision on a shoreline
substantial development permit, shoreline variance, or shoreline conditional use
only when the applicant waives his /her right to a single appeal to the shoreline
hearings board. When an applicant has waived his /her right to a single appeal,
such appeals shall be processed in accordance with the appeal procedures of
section WCC 23.60.150.H.
(i) Except that appeals of Title 15 fire and building code requirements shall be
made to the board of appeals per current building code, as adopted in WCC
15.04.010.
22.05.030 Consolidated permit review.
The county shall integrate and consolidate the review and decision on two or more
project permits subject to this chapter that relate to the proposed project action
unless the applicant requests otherwise. Consolidated Type I, II, III and IV permits
shall be reviewed under the process required for the permit with the highest
process type number per WCC 22.05.020. Level IV is considered the highest and
Level I is considered the lowest process type.
22.05.040 Preapplication conference.
The purpose of a preapplication conference is to assist applicants in preparing
development applications for submittal to the county by identifying applicable
regulations and procedures. It is not intended to provide a staff recommendation
on future permit decisions. Preapplication review does not constitute acceptance of
an application by the county nor does it vest an application, unless otherwise
indicated in Whatcom County Code.
Title[22CAmendmentsM I] May[22,[2018®
(1) A preapplication conference is required as indicated in WCC 22.05.020, unless
the director or designee grants a written waiver. For other permits, the applicant
may request a preapplication conference.
(2) The county shall charge the applicant a fee for a preapplication conference per
the Unified Fee Schedule. If the county makes a determination of completeness on
a project permit submitted within one year of the notice of site - specific submittal
requirements per subsection (6) of this section, the preapplication fee shall be
applied to the application cost.
(3) It is the responsibility of the applicant to initiate a preapplication conference
through a written application. The application shall, at a minimum, include all items
identified on the preapplication form and the department's administrative manual.
The applicant may provide additional information to facilitate more detailed review.
(4) A preapplication conference shall be scheduled as soon as possible and held no
later than 30 calendar days from the date of the applicant's request, unless agreed
upon by the applicant and the county.
(5) The county shall invite the appropriate city to the preapplication meeting if the
project is located within that city's urban growth area or which contemplates the
use of any city utilities. Notice shall also be given to appropriate public agencies
and public utilities, if within 500 feet of the area submitted in the application.
(6) The county should provide the applicant with notice of site - specific submittal
requirements for application no later than 14 calendar days from the date of the
conference.
(7) A new preapplication conference shall be required if an associated project
permit application is not filed with the county within one year of the notice of site -
specific submittal requirements per subsection (6) or the application is substantially
altered, unless waived per WCC 22.05.040(1).
22.05.050 Application and determination of completeness.
(1) Project permit applications shall be submitted using current forms provided by
the review authority. The submittal shall include: all applicable fees per Chapter
22.25 WCC, all materials required by the department's administrative manual, and
all items identified in the preapplication notice of site - specific submittal
requirements.
(2) Upon submittal by the applicant, the county will accept the application and note
the date of receipt. Receipt of an application does not constitute approval of the
project proposal.
(3) Within 14 calendar days of receiving the application, the county shall provide to
the applicant a written determination which states either that the application is
complete or the application is incomplete. To the extent known by the county, other
agencies of local, state, or federal government that may have jurisdiction shall be
identified on the determination.
Title[22CAmendmentsM 0 May[22,[2018®
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(4) A project permit application is complete when it meets the submittal
requirements of the department's administrative manual, includes items identified
through the preapplication conference process and contains sufficient information to
process the application even if additional information will be required. A
determination of completeness shall not preclude the county from requiring
additional information or studies at any time prior to permit approval. A project
permit application shall be deemed complete under this section if the county does
not issue a written determination to the applicant that the application is incomplete
by the end of the 14th calendar day from the date of receipt.
(5) If the application is determined to be incomplete, the following shall take place:
(a) The county will notify the applicant that the application is incomplete and
indicate what is necessary to make the application complete.
(b) The applicant shall have 90 calendar days from the date that the notification
was issued to submit the necessary information to the county. If the applicant
does not submit the necessary information to the county in writing within the
90 -day period, the application shall be rejected. The director or designee may
extend this period for an additional 90 calendar days upon written request by
the applicant.
(c) Upon receipt of the necessary information, the county shall have 14 calendar
days to make a determination and notify the applicant whether the application is
complete or what additional information is necessary.
(6) A determination of an incomplete application is an appealable final
administrative determination, subject to WCC 22.05.160(1).
22.05.060 Vesting.
(1) Complete applications. For a project permit application the department has
determined to be complete per WCC 22.05.050(4), the application shall be
considered under the zoning or other land use control ordinances in effect on the
date the application was submitted to the department.
(2) Incomplete applications. For a project permit application the department has
determined to be incomplete per WCC 22.05.050(5), the application shall be
considered under the zoning or other land use control ordinances in effect on the
date the department determines the application to be complete based on the
necessary information required by the department.
(3) Applications subject to preapplication conference. Notwithstanding the
provisions of subsections (1) and (2) of this section, for a project permit application
that is (a) subject to a preapplication conference per WCC 22.05.020 and .040, (b)
submitted no more than 28 calendar days from the date the department issued its
notice of site - specific submittal requirements, and (c) determined complete by the
department, the application shall be considered under the zoning or other land use
control ordinances in effect on the date the preapplication conference request was
submitted to the department.
Title[22CAmendmentsM 0 May[22,[2018®
P1
(4) Continuation of vesting. Building or land disturbance permit applications that
are required to complete a valid (i.e. not expired) project permit approval for
project permits identified in the following list (a -m) shall vest to the zoning and
land use control ordinances in effect at the time the project permit application
identified below was determined complete.
(a) Administrative Use;
(b)Commercial Site Plan Review;
(c) Conditional Use;
(d) Critical Areas Variance;
(e) Major Project Permit;
(f) Natural Resource Review;
(g) Planned Unit Development;
(h) Reasonable Use (Type II and III);
(i) Shoreline Conditional Use Permit;
(j) Shoreline Exemption;
(k) Shoreline Substantial;
(1) Shoreline Variance;
(m) Zoning Variance.
(5) Building permit applications within recorded long and short subdivisions and
binding site plans. Building permit applications, including associated land
disturbance permits, shall be governed by conditions of approval, statutes, and
ordinances in effect at the time of final approval pursuant to RCW 58.17.170.
Vesting duration for those building permit applications shall be governed by the
time limits established for long subdivisions in RCW 58.17.170, unless the county
finds that a change in conditions creates a serious threat to the public health or
safety.
(6) Building and fire code requirements. Building and fire code provisions adopted
per WCC Title 15 vest at the time a building permit application is determined
complete.
(7) Duration. Vesting status established through subsections (1) through (5) of this
section runs with the application and expires upon denial of the application by the
county, withdrawal of the application by the applicant, rejection of the application
per WCC 22.05.050(5), expiration of the application per WCC 22.05.130(1)(a)(i), or
expiration of the approved permit per WCC 22.05.140.
22.05.070 Notice of application.
(1) For Type II, III, and IV applications per WCC 22.05.020, the county shall issue
a notice of application within 14 calendar days of a determination of completeness.
The date of notice shall be the date of mailing.
(2) If the county has made a State Environmental Policy Act (SEPA) threshold
determination of significance concurrently with the notice of application, the county
shall combine the determination of significance and scoping notice with the notice
of application.
Title[22CAmendmentsM E� May[22,[2018®
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(3) Notice shall include:
(a) The date of application, the date of determination of completeness for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project permits
included in the application, and, if applicable, a list of any studies requested by
the county;
(c) The identification of other permits not included in the application to the
extent known by the county;
(d) The identification of environmental reviews conducted, including notice of
existing environmental documents that evaluate the proposed project (including
but not limited to reports, delineations, assessments and /or mitigation plans
associated with critical area reviews) and, if not otherwise stated on the
document providing notice of application, the location where the application and
any studies can be reviewed;
(e) Any other information determined appropriate by the county;
(f) A statement indicating those development regulations that will be used for
project mitigation or a determination of consistency if they have been identified
at the time of notice;
(g) A statement of the minimum public comment period which shall be 14
calendar days for all project permits except for shoreline substantial
development, shoreline conditional use, shoreline variance and major project
permits for mitigation banks which shall have a minimum comment period of no
more than 30 calendar days;
(h) A statement of the right of any person to comment on the application and
receive notice of and participate in any hearings, request a copy of the decision
once made and to appeal a decision when allowed by law. The department may
accept public comments at any time prior to the close of the open record public
hearing, or if there is no public hearing, prior to the decision on the project
permit. In addition, the statement shall indicate that any person wishing to
receive personal notice of any decisions or hearings must notify the department.
(4) The department shall issue a notice of application in the following manner:
(a) The notice shall be published once in the official county newspaper and on
the Whatcom County website. The applicant shall bear the responsibility of
paying for such notice.
(b) Additional notice shall be given using the following method:
(i) For sites within urban growth areas: Application notice shall be sent to all
property owners within 300 feet of the external boundaries of the subject
property as shown by the records of the county assessor;
Title[22[AmendmentsM I] May[22,[2018®
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(ii) For sites outside urban growth areas: Application notice shall be sent to
all property owners within 1,000 feet of the external boundaries of the
subject property as shown by the records of the county assessor.
(5) The county shall send notices of application to neighboring cities and other
agencies or tribes that will potentially be affected, either directly or indirectly, by
the proposed development. Notice shall also be given to public utilities, if within
500 feet of the area submitted in the application.
(6) All public comments received on the notice of application must be received by
the department of planning and development services by 4:30 p.m. on or before
the last day of the comment period.
(7) Except for a determination of significance, the county shall not issue its SEPA
threshold determination or issue a decision or recommendation on a permit
application until the end of the public comment period on the notice of application.
If an optional determination of nonsignificance (DNS) process is used, the notice of
application and DNS comment period shall be combined.
(8) Public notice given for project permit applications, SEPA documents, project
hearings, and appeals hearings as required by this chapter and other provisions of
the county code may be combined when practical, where such combined notice will
expedite the permit review process, and where provisions applicable to each
individual notice are met through the combined notice.
22.05.080 Posting of Application.
Where posting of public notice is required per WCC 22.05.020, the department shall
post public notices of the proposal on all road frontages of the subject property and
adjacent shorelines on or before the notice of application date and shall be visible
to adjacent property owners and to passing motorists. Said notices shall remain in
place until three days after the comment period closes.
22.05.090 Open record hearings.
As shown in WCC 22.05.020, Type III and Type IV applications require an open
record public hearing. These hearings are subject to the following:
(1) Open record hearing notice.
(a) The hearing examiner shall publish a notice of open record hearing once in
the official county newspaper and on the Whatcom County website at least 14
calendar days prior to the hearing. The notice shall consist of the date, time,
place, and type of the hearing. In addition, personal notice shall be provided to
any person who has requested such notice in a timely manner, consistent with
WCC 22.05.070(3)(h).
(b) Within two days of the published notice the applicant shall be responsible
for posting three copies of the notice in a conspicuous manner on the property
upon which the use is proposed. Notices shall be provided by the hearing
examiner.
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(c) An affidavit verifying distribution of the notice must be submitted to the
hearing examiner two working days prior to the open record hearing.
(d) The hearing examiner shall send notice of an open record hearing to
neighboring cities and other agencies or tribes that will potentially be affected,
either directly or indirectly by the proposed development. The hearing examiner
shall be responsible for such notification.
(e) The applicant shall pay all costs associated with providing notice.
(2) One open record hearing. A project proposal subject to WCC 22.05 shall be
provided with no more than one open record hearing and one closed record hearing
pursuant to RCW 36.70B. This restriction does not apply to an appeal of a
determination of significance as provided in RCW 43.21C.075.
(3) Combined county and agency hearing. Unless otherwise requested by an
applicant, the county shall allow an open record hearing to be combined with a
hearing that may be necessary by another local, state, regional, federal or other
agency for the same project if the joint hearing can be held within the time periods
specified in WCC 22.05, or if the applicant agrees to waive such time periods in the
event additional time is needed in order to combine the hearings. The combined
hearing shall be conducted in Whatcom County pursuant to RCW 36.70B.
(4) Quasi - judicial actions, including applications listed as Type III and IV
applications in WCC 22.05.020, are subject to the appearance of fairness doctrine,
RCW 42.36. The hearing examiner shall administer the open record hearing and
issue decisions or recommendations in accordance with RCW 42.36.
22.05.100 Consistency review and recommendations.
During project permit review, the review authority shall determine if the project
proposal is consistent with the county's comprehensive plan, other adopted plans,
existing regulations and development standards.
(1) For Type I and II applications, the conclusions of a consistency determination
made under this section shall be documented in the project permit decision.
(2) For Type III and IV applications the department shall prepare a staff report on
the proposed development or action. Staff shall file one consolidated report with the
hearing examiner at least 10 calendar days prior to the scheduled open record
hearing. The staff report shall:
(a) Summarize the comments and recommendations of county departments,
affected agencies, special districts and public comments received within the 14-
day or 30 -day comment period as established in WCC 22.05.070(6).
(b) Provide an evaluation of the project proposal for consistency as indicated in
this section.
(c) Include recommended findings, conclusions, and actions regarding the
proposal.
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(3) For all project permit applications, if more information is required to determine
consistency at any time in review of the application, the department may issue a
notice of additional requirements. The notice of additional requirements shall allow
the applicant 180 calendar days from the date of issuance to submit all required
information. The director or designee may extend this period for no more than
cumulative 24 months upon written request by the applicant, provided the request
is submitted before the end of the first 180 -day period. A notice of additional
requirements is not a final administrative determination.
22.05.110 Final decisions.
(1) The director or designee's final decision on all Type I or II applications shall be
in the form of a written determination or permit. The determination or permit may
be granted subject to conditions, modifications, or restrictions that are necessary to
comply with all applicable codes.
(2) The hearing examiner's final decision on all Type III applications per WCC
22.05.020 or appeals per 22.05.160(1) shall either grant or deny the application or
appeal.
(a) The hearing examiner may grant Type III applications subject to conditions,
modifications or restrictions that the hearing examiner finds are necessary to
make the application compatible with its environment, carry out the objectives
and goals of the Comprehensive Plan, statutes, ordinances and regulations as
well as other official policies and objectives of Whatcom County.
(b) Performance bonds or other security, acceptable to the prosecuting attorney,
may be required to ensure compliance with the conditions, modifications and
restrictions.
(c) The hearing examiner shall render a final decision within 14 calendar days
following the conclusion of all testimony and hearings. Each final decision of the
hearing examiner shall be in writing and shall include findings and conclusions
based on the record to support the decision.
(d) No final decision of the hearing examiner shall be subject to administrative
or quasi - judicial review, except as provided herein.
(e) The applicant, any party of record or any county department may appeal any
final decision of the hearing examiner to superior court, except as otherwise
specified in WCC 22.05.020.
22.05.120 Recommended decisions to county council.
(1) For Type IV applications per WCC 22.05.020 the hearing examiner's
recommendations to the county council may be to grant, grant with conditions or
deny an application. The hearing examiner's recommendation may include
conditions, modifications or restrictions as may be necessary to make the
application compatible with its environment, carry out the objectives and goals of
the Comprehensive Plan, statutes, ordinances and regulations as well as other
official policies and objectives of Whatcom County.
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(2) Each recommended decision of the hearing examiner for an application
identified as a Type IV application per WCC 20.05.020 shall be in writing to the
clerk of the county council and shall include findings and conclusions based upon
the record to support the decision. Such findings and conclusions shall also set forth
the manner in which the decision carries out and conforms to the county's
Comprehensive Plan and complies with the applicable statutes, ordinances or
regulations.
(3) The deliberation of the county council on quasi - judicial actions shall be in
accordance with WCC 22.05.090(4) and Chapter 42.36 RCW.
(4) For planned unit developments and major project permits the following shall
apply:
(a) The recommendation of the hearing examiner regarding planned unit
developments and major project permits shall be based upon the criteria set
forth in WCC 20.85.335 and 20.88.130, respectively.
(b) The hearing examiner shall file the recommendation with the clerk of the
county council within 21 calendar days following the conclusion of the open
record hearing.
(c) The county council shall conduct the following within the specified
timeframes, except as provided in subsection (iii):
(i) Hold a public meeting, not an open record public hearing, to deliberate on
the project application within 28 calendar days after receiving the hearing
examiner's recommendation.
(ii) Issue a final written decision within 21 calendar days of the public
meeting.
(iii)The county council may exceed the time limits in subsection (i) or (ii) if
the county council meeting schedule does not accommodate a meeting within
the above timeframes, or if the county council makes written findings that a
specified amount of additional time is needed to process a specific application
or project type, per RCW 36.706.080(1).
(5) The county council's final written decision may include conditions when the
project is approved and shall state the findings of fact upon which the decision is
based.
(6) Any deliberation or decision of the county council shall be based solely upon
consideration of the record established by the hearing examiner, the
recommendations of the hearing examiner and the criteria set forth in county code.
22.05.130 Permit review timeframes.
(1) The county shall issue a notice of final decision for all permit types, including
procedures for administrative appeal and notice that affected property owners may
request a change in valuation for property tax purposes, to the applicant, the
Whatcom County assessor, and any person who requested notice or submitted
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substantive comments on the application within 120 calendar days of the date the
department determined the application complete, except as provided below:
(a) The following time periods shall be excluded from the calculation of the
number of days elapsed:
(i) Any period during which the applicant has been required by the county to
correct plans, perform required studies, or provide additional, required
information through a notice of additional requirements, per WCC
22.05.100(3). The period shall be calculated from the date the county issues a
notice of additional requirements until the date the county receives all of the
requested additional information;
(ii) Any period during which an environmental impact statement is being
prepared following a determination of significance pursuant to Chapter 43.21C
RCW and WCC Title 16;
(iii) The period specified for administrative appeals of project permits as
provided in Chapter 2.11 WCC;
(iv) The period specified for administrative appeals of development standards
as provided in WCC 12.08.035(I);
(v) Any period in which the applicant has not met public notification
requirements;
(vi) Any period of time mutually agreed upon in writing by the applicant and
the county.
(b) The time limits established by this section shall not apply to a project permit
application that:
(i) Requires an amendment to the Whatcom County comprehensive plan or a
development regulation in order to obtain approval.
(ii) Requires approval of a new fully contained community as provided in RCW
36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the
siting of an essential public facility as provided in RCW 36.70A.200.
(iii) Is substantially revised by the applicant, including all redesigns of
proposed land divisions, in which case a new time period shall start from the
date at which the revised project application is determined to be complete.
(c) The county may extend notice of final decision on the project if the county
can document legitimate reasons for such a delay. In such a case the county
shall provide written notice to the applicant at least 14 calendar days prior to
the deadline for the original notice of final decision. The notice shall include a
statement of reasons why the time limits have not been met and a date of
issuance of a notice of final decision.
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(2) If an applicant believes a project permit application has not been acted upon by
the county in a timely manner or otherwise consistent with this chapter, the
applicant or authorized representative may request a meeting with the director to
resolve the issue. Within 14 calendar days of the meeting, the director shall:
(a) Approve the permit if it is within the director's authority to do so, provided
the approval would not violate state or county regulations, or
(b) Deny the permit if it is within the director's authority to do so, or
(c) Respond in writing with the department's position, or a mutually acceptable
resolution of the issue, which may include a partial refund of application fees at
the director's discretion.
(3) Any final order, permit decision or determination issued by Whatcom County
shall include a notice to the applicant of his or her appeal rights per WCC
22.05.160.
22.05.140 Expiration of project permits.
(1) Project permit approval status shall expire two years from the date of approval
except where a different duration of approval is authorized by Whatcom County
Code, or is established by a court decision or state law, or executed by a
development agreement. The decision maker may extend this period up to one year
from the date of original expiration upon written request by the applicant.
(2) Any complete project permit application for which no information has been
submitted in response to the department's notice of additional requirements per
WCC 22.05.100(3) shall expire at the end of the time limit established in
22.05.100(3).
(3) For projects that have received a SEPA determination of significance per WCC
16.08, all underlying project permit applications shall expire when one of the
following occurs:
(a) The applicant has not in good faith maintained a contract with a person or
firm to complete the Environmental Impact Statement (EIS) as specified in the
scoping document. The applicant is responsible for informing the county of the
status of such contract. If there is no notice given to the County, all underlying
project permit applications shall expire upon the end date of the contract; or
(b) The mutually agreed timeframe to complete the Draft EIS or Final EIS has
lapsed.
(4) Project permits which received preliminary approval or a final decision prior to
February 22, 2009 that did not include an expiration timeframe in the conditions of
approval shall expire on June 16, 2020.
22.05.150 Permit revocation procedure.
(1) Upon notification by the director that a substantial violation of the terms and
conditions of any previously granted zoning conditional use, shoreline substantial
development or shoreline conditional use permit exists, the hearing examiner shall
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issue a summons as per WCC 2.11.220 to the permit holder requiring
holder to appear and show cause why revocation of the permit should
ordered. Failure of the permit holder to respond may be deemed good
revocation.
said permit
not be
cause for
(2) Upon issuance of a summons as set forth in subsection (1) of this section, the
hearing examiner shall schedule an open record hearing to review the alleged
violations. The summons shall include notice of the hearing and shall be sent to the
permit holder and the director of planning and development services no less than
12 calendar days prior to the date of the hearing. At the hearing the hearing
examiner shall receive evidence of the alleged violations and the responses of the
permit holder, as per the business rules of the hearing examiner's office. Testimony
shall be limited to that of the division and the permit holder except where additional
evidence would be of substantial value in determining if revocation should be
ordered. The land use division's evidence may include the testimony of witnesses.
(3) Upon a showing of violation by a preponderance of the evidence as alleged, the
hearing examiner may revoke the permit or allow the permit holder a reasonable
period of time to cure the violation. If the violation is not cured within the time set
by the hearing examiner, the permit shall be revoked. Where a time to cure the
violation has been set out, no further hearing shall be necessary prior to the
revocation. The permit holder shall have the burden of proving that the violation
has been cured within the time limit previously set. Such evidence as is necessary
to demonstrate that the violation has been cured may be submitted to the hearing
examiner by either the permit holder or the director of planning and development
services. Any revocation shall be accompanied by written findings of fact and
conclusions of law. The permit holder shall be notified of any revocation within 14
calendar days of the revocation.
22.05.160 Appeals.
(1) Any party of record may appeal any order, final permit decision or final
administrative determination made by the director or designee in the administration
or enforcement of any chapter to the hearing examiner, who has the authority to
hear and decide such appeals per WCC 2.11.210.
(a) An appeal shall be filed with the department within 14 calendar days of the
issuance of a final permit decision and shall be accompanied by a fee as
specified in the Unified Fee Schedule. The written appeal shall include:
(i) The action or decision being appealed and the date it was issued;
(ii) Facts demonstrating that the person is adversely affected by the
decision;
(iii) A statement identifying each alleged error and the manner in
which the decision fails to satisfy the applicable decision criteria;
(iv) The specific relief requested; and
(v) Any other information reasonably necessary to make a decision on
the appeal.
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(b)The hearing examiner shall schedule a public hearing on the appeal to
be held within 60 calendar days following the department's receipt of
the application for appeal unless otherwise agreed upon by the county
and the appellant.
(c) A party who fails to appeal within 14 calendar days is barred from
appeal, per WCC 2.11.
(d)The Business Rules of the Hearing Examiner shall govern appeal
procedures.
i) The Hearing Examiner shall have the authority granted in the
Business Rules, and that authority is incorporated herein by
reference. See also, WCC 2.11.220.
(2) The applicant, any party of record, or any county department may appeal any
final decision of the hearing examiner to Superior Court or other body as specified
by WCC 22.05.020. The appellant shall file a written notice of appeal within 21
calendar days of the final decision of the hearing examiner, as provided in RCW
36.70C.040.
22.05.170 Annual report.
Staff shall prepare an annual report on the implementation of this chapter and
submit it to the council.
22.05.180 Interpretation, conflict and severability.
(1) Interpret to Protect Public Welfare. In the event of any discrepancies between
the requirements established herein and those contained in any other applicable
regulation, code or program, the regulations which are more protective of the public
health, safety, environment and welfare shall apply.
(2) Severability. The provisions of this chapter are severable. If a section, sentence,
clause, or phrase of this title is adjudged by a court of competent jurisdiction to be
invalid, the decision shall not affect the remaining portions of this chapter.
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Chapter 22.10
LEGISLATIVE ACTION PROCEDURES
Sections:
22.10.010 Purpose and applicability.
22.10.020 The docket.
22.10.030 Processing of docketed amendments.
22.10.040 Concurrent review of comprehensive plan amendments
22.10.050 Notice of public hearing.
22.10.060 Approval criteria.
22.10.010 Purpose and applicability.
This chapter establishes the procedures for legislative actions amending the
Whatcom County Comprehensive Plan and the development regulations that
implement that plan. Amendments to the comprehensive plan includes changes to
the plan's text and maps, and amendments to the development regulations include
changes to the official zoning map and the text in WCC Titles 16, 20, 21, and 23.
For purposes of this chapter, comprehensive plan amendments include
amendments to subarea plans.
22.10.020 The docket.
(1) The department of planning and development services ( "department ") shall
maintain a proposed docket of comprehensive plan and development regulation
amendment applications and shall present it to the county council for review once a
year on or about March 1. The county council may, by resolution, approve a docket
listing all applications that may be processed per the provisions of this chapter.
(2)The department, the executive, the planning commission, or the county council
by majority vote, may place a proposed amendment on the docket at any time.
(3)A party other than the county council, executive, the planning commission or
the department may suggest an amendment to the comprehensive plan or
development regulations by making application on forms provided by the
department and submitting any required docketing fee.
(a) Applications for suggested amendments must be submitted by December 31
in order to be included on the proposed docket presented to the county council
at its next annual docket review. The department shall review the application for
completeness and may request additional information to ensure the application
is complete before scheduling it for the annual docket review.
(b)If the county council dockets a suggested amendment, all required
amendment application fees are due within 30 calendar days after it is docketed.
If all fees are not paid within 30 calendar days after being docketed, the
department shall close the application and remove it from the docket. When
docketing an application, the county council may waive the application fees if it
finds the proposed amendment would clearly benefit the community as a whole.
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(4) The county council, by majority vote, may remove a proposed amendment from
the approved docket by motion, unless:
(a) the amendment was proposed by a party other than the county council or
the department per WCC 22.10.020(3), and
(b) the applicant has provided all information required by the planning and
development services department. The department shall notify the applicant not
less than 30 calendar days prior to consideration of removal from the docket. If
the county council has not acted upon a docketed proposed amendment during
the year for which it has been docketed, the county council may place the
amendment on the following year's docket.
22.10.030 Processing of docketed amendments.
(1) The department shall review docketed comprehensive plan and development
regulation amendment applications as provided below:
(a) For suggested amendment applications filed per WCC 22.10.020(3), the
department shall evaluate the applications for completeness and may request
additional information of the applicant prior to requesting the appropriate
hearing body to schedule a public hearing. Where a development regulation
amendment requires a comprehensive plan amendment, the two amendments
shall be processed at the same time.
(b) The department shall conduct environmental review under SEPA and prepare
a staff report including recommendations and /or options for each docketed
amendment. Both the report and the result of the environmental review shall be
forwarded to the planning commission, and to the applicable city staff if the
proposed amendment applies to land within a city's urban growth area.
(c) The staff report shall evaluate the proposed amendment(s) in relationship to
the approval criteria of WCC 22.10.060, and consider any environmental impacts
or mitigation measures identified by the Whatcom County SEPA official. If the
proposed amendment includes land within a city's urban growth area, the staff
report shall also address any comments from the city regarding consistency with
the applicable city comprehensive plan and the ability of the city to provide
needed utility services.
(2) Docketed comprehensive plan and development regulation amendment
applications shall receive a public hearing by the planning commission subject to
the notice requirements of 22.10.050. Following the public hearing, the planning
commission shall vote to adopt findings of fact and recommended actions, which
the department shall transmit to the county council. In addition to the public
hearing, the planning commission may hold public work sessions to discuss a
proposed amendment.
(3) The county council may hold a public hearing on the docketed amendment in
addition to the planning commission's public hearing. If the county council decides
the public interest is better served by considering a final action that differs from the
planning commission recommendation, the county council shall hold a public
hearing. The county council, by majority vote, may adopt the amendment by
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ordinance, reject the amendment, or remand the proposed amendment to the
planning commission for further review.
(4) Actions that are quasi - judicial as defined in 42.36.010 RCW (including but not
limited to a zoning map amendment for a single lot) are subject to the appearance
of fairness doctrine, Chapter 42.36 RCW. For a proposed amendment that is a
quasi - judicial action, the planning commission and county council shall process the
application in accordance with Chapter 42.36 RCW in addition to the requirements
of this section.
22.10.040 Concurrent review of comprehensive plan amendments
(1) While public hearings and other public discussion of proposed comprehensive
plan amendments may take place at any time of the year, the county council's final
review and adoption of those amendments shall take place concurrently, no more
frequently than once per calendar year, in accordance with RCW 36.70A.130(2)(a).
Final adoption should occur on or about February 1.
(2)The following comprehensive plan amendments are excluded from the
requirement of annual concurrent review and may be adopted at any time:
(a)The initial adoption of a subarea plan,
(b)Adoption or amendment of the shoreline master program under procedures
set forth in Chapter 90.58 RCW,
(c) The amendment of the capital facilities element concurrent with adoption or
amendment of the county budget,
(d)Amendments needed to resolve an appeal of the comprehensive plan filed
with the growth management hearings board or the court, or
(e)Amendments necessary in cases where the county council finds an
emergency exists.
22.10.050 Notice of public hearing.
(1)The county shall publish notice of the public hearing at least once in the official
county newspaper and on the Whatcom County web site no fewer than 10 calendar
days prior to the hearing. The notice shall include the date, time, place, and subject
of the hearing.
(2) For public hearings involving a quasi - judicial zoning map amendment
application, per WCC 22.10.030D, the county shall provide the following notice in
addition to the requirements of subsection A of this section:
(a) The county shall mail notice to property owners as follows:
(i) For zoning map amendments within existing urban growth areas: At least
10 calendar days prior to the scheduled hearing date, hearing notice shall be
mailed to all property owners within 300 feet of the external boundaries of
the subject property as shown by the records of the county assessor. The
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applicant shall submit mailing labels with a typed address for each of the
above - referenced property owners.
(ii) For zoning map amendments outside existing urban growth areas: At
least 10 calendar days prior to the scheduled hearing date, hearing notice
shall be mailed to all property owners within 1,000 feet of the external
boundaries of the subject property as shown by the records of the county
assessor. The applicant shall submit mailing labels with a typed address for
each of the above - referenced property owners.
(iii) For zoning map amendments that involve rezoning property to an Airport
Operations District: At least 10 calendar days prior to the scheduled hearing
date, hearing notice shall be mailed to all property owners within 1,500 feet
of the external boundaries of the subject property as shown by the records of
the county assessor. The applicant shall submit mailing labels with a typed
address for each of the above - referenced property owners.
(vi) For zoning map amendments that involve rezoning property to a Mineral
Resource Land designation: At least 10 calendar days prior to the scheduled
hearing date, hearing notice shall be mailed to all property owners within
2,000 feet of the external boundaries of the subject property as shown by
the records of the county assessor. The applicant shall submit mailing labels
with a typed address for each of the above referenced property owners.
(b) The county shall prepare and the applicant shall post signs giving notice of
the hearing in conspicuous locations on the property at least 10 calendar days
prior to the hearing.
(c) The county shall send notice to the appropriate city, when the proposed
amendment is within or would expand the urban growth area, and to agencies,
school districts, and tribes that will potentially be affected by the proposed
amendment at least 10 calendar days prior to the hearing.
(d) For sites within 4,500 feet of the runway of Lynden Airport or Floathaven
Sea Plane Base: At least 10 calendar days prior to the scheduled hearing date,
application notice shall be sent to the city manager (if applicable), airport board
or commission (if applicable), and an official representative of the airport.
(e) For sites within 10,000 feet of the runway of Bellingham International
Airport: At least 10 calendar days prior to the scheduled hearing date,
application notice shall be sent to the Port of Bellingham.
(f) All notices shall specify the date, time, location, and purpose of the hearing
and provide a description and the location of the proposed rezone. The public
shall be invited to submit written comments and attend the hearing to provide
oral comments.
22.10.060 Approval criteria.
(1) In order to approve a comprehensive plan amendment, the planning
commission and the county council shall find all of the following:
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(a) The amendment conforms to the requirements of the Growth Management
Act, is internally consistent with the county -wide planning policies and is
consistent with any interlocal planning agreements.
(b) Further studies made or accepted by the department of planning and
development services indicate changed conditions that show need for the
amendment.
(c) The public interest will be served by approving the amendment. In
determining whether the public interest will be served, factors including but not
limited to the following shall be considered:
(i) The anticipated effect upon the rate or distribution of population growth,
employment growth, development, and conversion of land as envisioned in
the comprehensive plan.
(ii) The anticipated effect on the ability of the county and /or other service
providers, such as cities, schools, water and /or sewer purveyors, fire
districts, and others as applicable, to provide adequate services and public
facilities including transportation facilities.
(iii) Anticipated impact upon designated agricultural, forest and mineral
resource lands.
(d) The amendment does not include or facilitate spot zoning.
(2) In order to approve an amendment to the development regulations, the
planning commission and county council shall find that the amendment is consistent
with the comprehensive plan.
Chapter 22.15
CODE COMPLIANCE PROCEDURES
(Reserved)
Chapter 22.20
LAND USE AND DEVELOPMENT CODE INTERPRETATION PROCEDURES
Sections:
22.20.010 Purpose and applicability.
22.20.020 Request for interpretation.
22.20.030 Procedure.
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22.20.040 Factors for Consideration.
22.20.050 Issuance of Interpretation.
22.20.060 Appeals.
22.20.010 Purpose and applicability
(1) The purpose of this chapter is to establish the procedure for interpreting
provisions of Whatcom County's land use and development codes to clarify
conflicting or ambiguous wording in the absence of a pending project permit.
(2) The director of planning and development services (director) is authorized to
make written interpretations of the provisions of the following titles of WCC:
(a)Title 16 Environment,
(b)Title 20 Zoning,
(c) Title 21 Land Division Regulations,
(d)Title 22 Land Use and Development Procedures, and
(e)Title 23 Shoreline Management.
(3) Issuance of an interpretation of the provisions of the code shall not amend the
code.
22.20.020 Request for interpretation prior to project permit application.
A person may request an interpretation of the code prior to submission of a project
permit. The person shall submit a written request specifying each provision of the
code for which an interpretation is requested, why an interpretation of each
provision is necessary, and any reasons or material in support of a proposed
interpretation. Interpretations of a pending project permit shall be made through
the applicable permitting process as established in WCC 22.05.
22.20.030 Procedure.
(1) The director shall determine how to process the code interpretation request.
The request may be:
(a) Processed as a Type I decision per WCC 22.05.020; or
(b) Consolidated with the process associated with the review of a
preapplication.
(2) The director shall consult with the Department of Ecology regarding any
interpretation of the shoreline management program.
22.20.040 Factors for consideration.
In making an interpretation of the provisions of the code, the director shall consider
the following:
(1) The applicable provisions of the code including their purpose and context;
(2) The impact of the interpretation on other provisions of the code;
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(3) The implications of the interpretation for development within the county as a
whole; and
(4) The applicable provisions of the comprehensive plan and other relevant codes
and policies.
22.20.050 Issuance of interpretation.
The director shall issue a written interpretation within 30 calendar days of the
department's receipt of the interpretation request. Issuance of the interpretation
shall include notification of the person making the request and publication of the
interpretation on the county's web site. The director may docket an amendment to
clarify the affected section of county code per WCC 22.10.020(2).
22.20.060 Appeals.
Any party of record may file an appeal of a formal code interpretation. The appeal
shall follow all rules and procedures for appeals to the hearing examiner as set
forth in WCC 22.05.160.
Title[22CAmendmentsM E� May[22,[2018®
Chapter 22.25
LAND USE AND DEVELOPMENT FEES
Sections:
22.25.010 Purpose and applicability
22.25.020 Application fees and other fees.
22.25.030 Reduced application fees.
22.25.040 Refund of application fees.
22.25.010 Purpose and applicability
(1) The purpose of this chapter is to establish the authority for collecting fees for
various land use and development review services, as well as provisions for
reductions and refunds of those fees.
(2) The provisions of this chapter shall apply to fees charged for procedures
contained in the following titles of WCC:
(a)Title 15 Building and Construction,
(b)Title 16 Environment,
(c) Title 17 Flood Damage Prevention,
(d)Title 20 Zoning,
(e) Title 21 Land Division Regulations,
(f) Title 22 Land Use and Development Procedures, and
(g)Title 23 Shoreline Management.
22.25.020 Application fees and other fees.
Fees for project permit applications, legislative amendments and fees for other
approvals and reviews as set forth in this title shall be as provided in the Unified
Fee Schedule.
22.25.030 Reduced application fees.
When any given project requires more than one of the following permits or
applications, the total amount of fees shall be reduced by 25 percent of the
required aggregate permit and application fees; provided any fees required for
processing of an EIS shall not be included as part of the total amount of fees to be
reduced by 25 percent.
(1) Subdivision plat application;
(2) Rezone application;
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(3) Shoreline substantial development permit, variance or conditional use;
(4) Major development permit;
(5) Conditional use permit;
(6) Variance;
(7) Planned unit development.
22.25.040 Refund of application fees.
Refunds of application fees for project permits and for amendments to the
Whatcom County Comprehensive Plan, development regulations and official maps
shall be computed based on the following, unless otherwise indicated in Whatcom
County Code. All refund requests shall be submitted in writing to the department of
planning and development services. The date of application for a refund request
shall be the date the written refund request is received by the department. For the
purpose of computing elapsed calendar days, the day after the date of application
or deadline date as appropriate shall be counted as day one.
(1) Fees for Project Permits.
(a) Applications withdrawn on or before the fourteenth calendar day after the
date of application shall be eligible for a refund of 90 percent of all application
fees including any SEPA fees.
(b) Applications withdrawn after the period set forth in subsection (1)(a) of
this section but on or before the ninetieth calendar day after the date of
application shall be eligible for a refund of 50 percent of all application fees
except for any SEPA fees which shall not be eligible for a refund.
(c) Applications withdrawn after the ninetieth calendar day after the date of
application shall not be eligible for a refund.
(d) Notwithstanding the above, no fees shall be refunded for any permit or
approval that has been issued or granted by the county.
(e) The director may authorize a full refund of any project permit application
fee paid in error.
(2) Fees for Amendments to the Whatcom County Comprehensive Plan,
Development Regulations, and Official Maps.
(a) Applications for amendments that are withdrawn on or before the
fourteenth calendar day after the deadline for submitting the fee shall be
eligible for a refund of 90 percent of all application fees including SEPA fees. If
there is no deadline for submitting the fee, the 90- percent refund shall be
given if the application is withdrawn on or before the fourteenth calendar day
after the fee was submitted.
(b) Applications for amendments that are withdrawn after the period set forth
in subsection (2)(a) of this section but on or before the ninetieth calendar day
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after the deadline for submitting the fee shall be eligible for a refund of 50
percent of all application fees except for SEPA fees which shall not be eligible
for a refund. If there is no deadline for submitting the fee, the 50- percent
refund shall be given if the application is withdrawn on or before the ninetieth
calendar day after the fee was submitted.
(c) Applications for amendments that are withdrawn after the 90 calendar days
shall not be eligible for a refund.
(3) Withdrawal of an application shall constitute full surrender of any express or
implied rights inherent in an application which has been perfected and accepted by
the planning and development services department or its designees.
Title[2CAmendmentsF? I May[22,120181
EXHIBIT B
Whatcom County Code Title 2
Administration and Personnel
AMENDMENTS
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.11 Hearing Examiner
2.33 Reserved
2.160 Reserved
Chapter 2.02
COUNTY COUNCIL
2.02.160 Hearing examiner.
The county council shall administer an annual contract for hearing examiner
services. The duties of the hearing examiner are established in Chapter 2.11 WCC.
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Chapter 2.11
HEARING EXAMINER
Sections:
2.11.010 Purpose.
2.11.100 Hearing examiner office.
2.11.110 Creation and purpose.
2.11.120 Pro tempore hearing examiner.
2.11.130 No interference with the hearing examiner.
2.11.140 Qualifications.
2.11.150 Appointment and removal.
2.11.200 Hearing examiner - Duties and powers.
2.11.205 Recommended decisions.
2.11.210 Final decisions.
2.11.215 Administrative Appeals - Appeal Period.
2.11.220 Rules and regulations.
2.11.225 Department reports.
2.11.230 Changes in legislation.
2.11.235 Additional powers.
2.11.240 Limited jurisdiction.
2.11.010 Purpose.
The purpose of this chapter is to establish the authority and responsibilities of the
Hearing Examiner.
2.11.100 Hearing examiner office.
2.11.110 Creation and purpose.
The office of hearing examiner is hereby created. The hearing examiner shall act on
behalf of the county council in considering the application of regulatory enactments
to particular situations as provided herein.
2.11.120 Pro tempore hearing examiner.
The pro tempore hearing examiner shall assist the hearing examiner in the
performance of the duties conferred upon them by this chapter, and shall have all
of the duties and powers of the hearing examiner.
2.11.130 No interference with the hearing examiner.
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No county official or any other person shall interfere with the hearing examiner or
pro tempore hearing examiner in the performance of his or her designated duties.
2.11.140 Qualifications.
The hearing examiner and his pro tempore shall be appointed solely with regard to
their qualifications for the duties of their office, and shall have such training or
experience as will qualify them to conduct administration of quasi - judicial hearings
on the application of regulatory enactments and to discharge other functions
conferred upon them, and shall hold no other appointed or elected public office or
position in the county government, except as provided in this chapter.
2.11.150 Appointment and removal.
The hearing examiner shall be appointed by a majority vote of the county council.
The hearing examiner may be removed from office at any time by an affirmative
vote of not less than two - thirds of the members of the county council.
2.11.200 Hearing examiner — Duties and powers.
2.11.205 Recommended decisions.
In accordance with the provisions of Chapter 22.05 WCC, the hearing examiner
shall conduct an open record hearing and prepare a record thereof, and make
recommendations to the county council for approval or disapproval of:
(1) Major project permits, including major project permit applications for mitigation
banks proposed in accordance with the provisions of Chapter 16.16 WCC;
(2) Planned unit developments;
(3) Development Agreements, as authorized in RCW 36.7013;
(4) Such other permits as may be required from the county along with subsection
(1) or (2) of this section for a given project. Where the hearing examiner would
normally make a final decision to approve or deny an accompanying permit, the
decision shall instead be in the form of a recommendation and accompany the
hearing examiner's recommendation on the major project permit or planned unit
development to the county council for final approval;
(5) Proposed rates and charges or special assessments for lake management
districts.
2.11.210 Final decisions.
In accordance with the provisions of Chapter 22.05 WCC, the hearing examiner
shall conduct open record hearings and prepare a record thereof, and make a final
decision upon the following matters:
(1) Appeals from any order, permits, decisions or final determinations made by an
administrative official or committee in the administration of this title, WCC Title 15,
except for building and fire code requirements, WCC Title 16 Environment, WCC
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Title 17 Flood Damage Prevention, WCC Title 20 Zoning, WCC Title 21 Land Division
Regulations, WCC 22 Project Permit Procedures, WCC Title 23 Shoreline or WCC
Title 24 Health Regulations.
(2) Appeals from a decision of the administrator of the Shoreline Management
Program.
(3) Applications for zoning ordinance conditional use permits.
(4) Applications for variances from the terms of the zoning ordinance.
(5) Applications for shoreline management substantial development permits not
accompanied by a major project permit when an open record hearing is required.
(6) Applications for variances from the terms of the Whatcom County Shoreline
Management Program.
(7) Applications for variances from the terms of Chapter 16.16 WCC, Critical Areas.
(8) Applications for reasonable use permits under the terms of Chapter 16.16 WCC
when an open record hearing is required.
(9) Applications for Shoreline Management Program conditional use permits.
(10) Applications for flood damage prevention variances.
(11) Appeals from SEPA determinations of significance, determinations of
nonsignificance, and mitigated determinations of nonsignificance.
(12) Preliminary subdivisions and subdivision variances.
(13) Preliminary binding site plan proposals.
(14) Revocation proceedings involving previously approved zoning conditional use
permits, shoreline management substantial project permits and shoreline
conditional use permits.
(15) Applications to continue operations of nonconforming adult businesses
pursuant to WCC 20.83.015.
(16) Appeals of decisions relating to water service issues under Section 9.2 of the
Coordinated Water System Plan.
(17) Appeals from any orders, requirements, permits, decisions or determinations
made by an administrative official relating to essential public facilities.
2.11.215 Administrative appeals — Appeal period.
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Appeals to the hearing examiner on the subjects listed in WCC 22.05.020 must be
filed within 14 calendar days of the date of administrative determination pursuant
to WCC 22.20.160
2.11.220 Rules and regulations.
The hearing examiner shall have the power to prescribe rules and regulations for
the conduct of hearings before him or her, subject to approval by the county
council; and also to issue summons for and compel the appearance of witnesses, to
administer oath and preserve order. The opportunity of cross - examination of
witnesses shall be afforded all interested parties or their counsel in accordance with
the rules of the hearing examiner.
2.11.225 Department reports.
The hearing examiner may request reports from appropriate staff. See WCC
22.05.100 for details.
2.11.230 Changes in legislation.
The hearing examiner may recommend changes in legislation to the planning
department or county council.
2.11.235 Additional powers.
The hearing examiner may also exercise administrative powers and such other
quasi - judicial powers as may be granted by county ordinance.
2.11.240 Limited jurisdiction.
The hearing examiner shall have no jurisdiction over any project that requires a
legislative action, such as but not limited to a standard map amendment, a
Comprehensive Plan map change or a Shoreline Management Program amendment.
All such projects shall be considered and processed concurrent with and in the
same manner as applications for legislative action. The approval or denial of such
projects shall be solely within the discretion of the county council.
Chapter 2.33
Reserved
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Chapter 2.160
Reserved
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EXHIBIT C
Whatcom County Code Title 9
Public Peace, Morals and Welfare
Whatcom County Code Title 15
Building Codes
Whatcom County Code Title 16
Environment
Whatcom County Code Title 23
Shoreline Management Program
Whatcom County Code Title 24
Health
AMENDMENTS
Whatcom County Code Title 9
Public Peace, Morals and Welfare
Chapter 9.52
EROTIC DANCE STUDIOS
9.52.160 Appeals to the council.
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Interested parties may appeal adverse decisions of the hearing examiner to the
county council, under the provisions of Whatcom County Code Chapter 22.05.
Whatcom County Code Title 15
Building Codes
Chapter 15.04
15.04.010
Adoption of referenced codes.
15.04.015
Department of building safety.
15.04.016
Project Permit Review Procedures.
15.04.020
Amendments to the International Building Code.
15.04.030
Amendments to the International Residential Code.
15.04.040 Amendments to the International Fire Code.
15.04.050 Permit expirations and violations of the above - referenced
codes.
15.04.016 Project Permit Review Procedures
All applications for project permits shall be reviewed and processed in accordance
with WCC 22.05, except as otherwise stated within this title. Appeals of Title 15 fire
and building code requirements shall be made to the board of appeals per current
building code. The hearing examiner shall be the appeal body for appeals of non -
fire and building code requirements associated with project permits required by this
Title.
15.04.020 Amendments to the International Building Code.
S. Section 105.3, Application for Permit, is amended to include the
following:
To obtain the permit, the applicant shall first file an application in writing on a form
provided by the department and shall include all items as stated in the
department's administrative manual.
15.04.030 Amendments to the International Residential Code.
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D. Section R105.3, Application for permit, is amended to include the
following:
To obtain the permit, the applicant shall first file an application in writing on a form
provided by the department and shall include all items as stated in the
department's administrative manual.
Whatcom County Code Title 16
Environment
Chapter 16.08
STATE ENVIRONMENTAL POLICY ACT (SEPA)
Chapter 16.16
CRITICAL AREAS
ARTICLE 2. ADMINISTRATIVE PROVISIONS
16.16.205 Authorizations Required.
A. No action shall be taken by any person, company, agency, governmental body
(including Whatcom County), applicant, owner, or owner's agent, which results
in any alteration of a critical area or its setback or buffer without prior
authorization by submitting an application to the Technical Administrator and
obtaining either the required permit or an approval of a notice of activity, as
specified herein.
B. No land use development permit, construction permit, or land division approval
required by County ordinance shall be granted until the County decision -maker
has determined that the applicant has complied with the applicable purposes,
requirements, objectives, and goals of this chapter including the mitigation
standards set forth in WCC 16.16.260.
C. Project permits shall comply with all provisions of this chapter, Title 22 and the
department's administrative manual.
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16.16.215 Relationship to Other Jurisdictions.
A. Permit applicants are responsible for complying with all federal, state, tribal, and
local regulations that may pertain to a proposed development. Compliance with
the provisions of this chapter does not necessarily constitute compliance with
other regulations and permit requirements.
B. In cases where other agencies have jurisdiction over critical areas and the
technical administrator determines that the permit conditions imposed by such
agencies are no less protective and satisfy the requirements of this chapter,
those permit conditions may be substituted as the conditions of approval for the
requirements of this chapter. Such agencies may include, but are not limited to,
the Lummi Nation; the Nooksack Tribe; the United States Army Corps of
Engineers; the United States Environmental Protection Agency; the United
States Fish and Wildlife Service; the National Marine Fisheries Service or NOAA
Fisheries; and the Washington State Departments of Ecology, Natural
Resources, and Fish and Wildlife.
C. The County shall make detailed written findings required by Chapter WCC 22.05
and WCC 16.16.250 when adopting conditions of another jurisdiction's permit.
Such requirements shall be a condition of critical area approval and enforceable
by the County. In the event that there is a conflict between permit requirements
and the standards of this chapter, the more restrictive standards shall apply.
16.16.240 Technical Administrator and Hearing Examiner Authority.
The technical administrator is the Whatcom County director of planning and
development services or his /her designee. The hearing examiner is appointed by
the County Council. The technical administrator and the County Hearing Examiner
shall administer and enforce the provisions of this chapter pursuant to the
following:
A. The technical administrator shall have the primary responsibility for reviewing
development proposals for compliance with this chapter and is authorized to
approve, deny, or condition permits in accordance with the standards set forth
herein. The technical administrator shall also have the following authority:
1. Authority to convene an interdisciplinary team to assist in reviewing
development proposals or to solicit review from outside experts in
accordance with WCC 16.16.245.
2. Authority to grant, condition, or deny reasonable use permits for single -
family residential building permits within critical areas and /or their buffers
3. Authority to grant, condition, or deny reasonable use permits for other
development proposals that would affect critical area buffers, but not the
critical areas themselves
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4. Authority to serve a cease and desist order pursuant to WCC 16.16.285 upon
a person undertaking activity within a critical area or buffer in violation of
this chapter.
5. Any additional responsibility and /or authority specifically provided for in the
subsequent articles of this chapter.
B. The technical administrator's authority shall transfer to another County decision -
maker when another decision -maker is specified for a separate project permit.
In such cases, the technical administrator shall ensure that all procedural
requirements of this chapter are met and shall make a recommendation to the
designated decision -maker as to how the provisions of this chapter apply to the
permit action, including project permits.
C. The Whatcom County hearing examiner is hereby vested with responsibility and
authority to hear appeals and perform the following duties:
1. Authority to grant or deny variances.
2. Authority to grant, condition, or deny reasonable use permits for all
developments, except single - family building permits, affecting critical areas.
3. Authority to decide on appeals of administrative decisions including, but not
limited to, reasonable use permits issued by the technical administrator.
4. Authority to hold public hearings pursuant to Chapters 22.05 .
D. In granting, revising, or extending a permit, the technical administrator, or
hearing examiner, as applicable, may attach such conditions, modifications, or
restrictions thereto regarding the location, character, and other features of the
proposed development deemed necessary to assure that the development is
consistent with criteria set forth in this chapter. In cases involving unusual
circumstances or uncertain effects, a condition may be imposed to allow for
future review or reevaluation to assure conformance with this chapter. The
technical administrator and /or hearing examiner shall render a final decision in
accordance with the timelines established in WCC 22.05 , as applicable. All
decisions of the technical administrator and hearing examiner may be appealed
pursuant to WCC 22.05.160.
16.16.250 Submittal Requirements and Critical Areas Review Process.
A. All applicants shall complete a prescreening meeting with the technical
administrator prior to submitting an application subject to this chapter. The
purpose of this meeting shall be to discuss the requirements for a complete
application; the critical area standards and procedures; to review conceptual site
plans prepared by the applicant; to discuss appropriate investigative techniques
and methods; and to determine reporting requirements.
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B. Review and approval of a proposed development within a critical area or its
buffer may be initiated through the application for any project permit in
Whatcom County.
C. The technical administrator shall be responsible, in a timely manner, to make
one of the following determinations regarding critical areas review:
1. Initial Determination. When County critical area maps or other sources of
credible information indicate that a site may be located, contain or abut
critical areas, critical area buffers or setbacks the technical administrator
shall require technical studies in accordance with that critical area's specific
Article.
2. Determination of Impacts. The technical administrator shall use best
available science, including but not limited to the County's critical areas
maps, his /her field investigation results, his /her own knowledge of the site,
information from appropriate resource agencies, or documentation from a
scientific or other credible source to determine if the project will more
probably than not adversely impact a critical area or its buffer. Identified
adverse impacts shall be fully mitigated in accordance with WCC 16.16.260.
3. Determination of Compliance. If the applicant demonstrates to the
satisfaction of the Technical Administrator that the project meets the
provisions of this chapter and is not likely to adversely affect the functions
and values of critical areas or buffers or provides mitigation to reduce the
adverse impact to meet no net loss of the function and values of critical
areas or its buffer, the technical administrator shall make the determination
that the proposal complies with this chapter.
4. Decision to Approve, Condition, or Deny. The technical administrator shall
review all pertinent information pertaining to the proposed development and
shall approve, approve with conditions, or deny the permit based on their
review, and shall provide a detailed written decision. This determination shall
be included in the project review record for the project permit in accordance
with Chapter 22.05 WCC.
16.16.261 Alternative or Innovative Mitigation Plans.
A. The County shall consider and may approve alternative or innovative mitigation
plans for major developments (as defined in Article 9 of this chapter), planned
unit developments (pursuant to Chapter 20.85 WCC), and /or development
agreements (pursuant to RCW 36.7013.170 through 36.7013.210).
B. If approved, said plan shall be used to satisfy the requirements of this chapter
and provide relief and /or deviation as appropriate from the specific standards
and requirements thereof; provided, that the standards of impact avoidance and
minimization shall remain as guiding principles in the application of these
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provisions and when it is demonstrated that all of the following circumstances
exist:
1. The proponent(s) demonstrate the organizational and fiscal capability to
carry out the purpose and intent of the plan;
2. The proponent(s) demonstrate that long -term management, maintenance,
and monitoring will be adequately funded and effectively implemented;
3. There is a clear likelihood for success of the proposed plan based on
supporting scientific information or demonstrated experience in implementing
similar plans;
4. In terms of functional value, the proposed mitigation plan results in equal or
greater protection and conservation of critical areas functions, services, and
values than would be achieved using parcel -by- parcel regulations and /or
traditional mitigation approaches;
5. The plan is consistent with the general purpose and intent of this chapter,
the Shoreline Management Program (WCC Title 23), and the comprehensive
plan;
6. The plan shall contain relevant management strategies considered effective
and within the scope of this chapter and shall document when, where, and
how such strategies substitute for compliance with the specific standards
herein; and
7. The plan shall contain clear and measurable standards for achieving
compliance with the purposes of this chapter, a description of how such
standards will be monitored and measured over the life of the plan, and a
fully funded contingency plan if any element of the plan does not meet
standards for compliance.
C. Alternative mitigation plans shall be reviewed concurrently with the underlying
land use permit(s) and decisions to approve or deny such plans shall be made in
accordance with the underlying permit process. The plan shall be reviewed by
the technical administrator to ensure compliance with the general purpose and
intent of this chapter and to ensure accuracy of the data and effectiveness of
proposed management strategies. In making this determination the technical
administrator shall consult with the State Departments of Fish and Wildlife,
Ecology, Natural Resources, and /or other local, state, federal, and /or tribal
agencies or experts. If the technical administrator finds the plan to be complete,
accurate, and consistent with the purposes and intent of this chapter, the
designated decision -maker shall solicit comment pursuant to the public notice
provisions of Chapter 22.05 WCC prior to final approval /denial of permission of
the plan to substitute for the requirements and standards of this chapter.
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16.16.262 Watershed -Based Management Plans.
A. The County may consider watershed -based management plans sponsored by
watershed improvement districts, other special purpose districts, or other
government agencies.
B. If approved, said plan shall be used to satisfy the requirements of this chapter
and provide relief and /or deviation as appropriate from the specific standards
and requirements thereof; provided, that the standards of impact avoidance and
minimization shall remain as guiding principles in the application of these
provisions and when it is demonstrated that all of the following circumstances
exist:
1. The proponent(s) demonstrate the organizational and fiscal capability to
carry out the purpose and intent of the plan;
2. The proponent(s) demonstrate that long -term management, maintenance,
and monitoring of the watershed will be adequately funded and effectively
implemented;
3. There is a clear likelihood for success of the proposed plan based on
supporting scientific information or demonstrated experience in implementing
similar plans;
4. In terms of functional value, the proposed mitigation plan results in equal or
greater restoration, protection, and conservation of the impacted critical
areas than would be achieved using parcel -by- parcel regulations and /or
traditional mitigation approaches;
5. The plan is consistent with the general purpose and intent of this chapter,
the comprehensive plan, and an approved watershed plan prepared pursuant
to Chapter 90.82 RCW (the State Watershed Management Act) or the plan is
prepared under other local or state authority that is consistent with the goals
and policies of an applicable and approved watershed plan prepared pursuant
to Chapter 90.82 RCW;
6. The plan shall contain relevant management strategies considered effective
and within the scope of this chapter and shall document when, where, and
how such strategies substitute for compliance with the specific standards
herein; and
7. The plan shall contain clear and measurable standards for achieving
compliance with the purposes of this chapter, a description of how such
standards will be monitored and measured over the life of the plan, and a
fully funded contingency plan if any element of the plan does not meet
standards for compliance.
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C. Watershed -Based Management Plans shall be approved by the County Council
by ordinance and appended to this chapter. The process for approval shall be as
follows:
1. The plan shall be reviewed by the technical administrator to ensure
compliance with the purposes of this chapter, the Whatcom County Shoreline
Management Program (WCC Title 23), and with the comprehensive plan, and
to ensure accuracy of the data and effectiveness of proposed management
strategies. In making this determination the technical administrator shall
consult with the State Departments of Fish and Wildlife, Ecology, Natural
Resources, and /or other local, state, federal, and /or tribal agencies or
experts.
2. If the technical administrator finds the plan to be complete, accurate, and
consistent with the purposes and intent of this chapter, the designated
decision -maker shall solicit comments pursuant to the public notice
provisions of Chapter 22.05 WCC prior to final approval /denial of permission
of the plan to substitute for the requirements and standards of this chapter.
3. The designated decision -maker shall not approve watershed -based
management plans that conflict with Chapter 90.82 RCW.
16.16.263 Mitigation Banking.
A. The County may approve mitigation banking as a form of compensatory
mitigation for wetland and habitat conservation area impacts when the
provisions of this chapter require mitigation and when it is clearly demonstrated
that the use of a bank will provide equivalent or greater replacement of critical
area functions and values when compared to on -site mitigation; provided, that
all of the following criteria are met:
1. Banks shall only be used when they provide significant ecological benefits
including long -term conservation of critical areas, important species, habitats
and /or habitat linkages, and when they are consistent with the County
Comprehensive Plan and create a viable alternative to the piecemeal
mitigation for individual project impacts to achieve ecosystem -based
conservation goals.
2. The bank shall be established in accordance with the Washington State Draft
Mitigation Banking Rule, Chapter 173 -700 WAC or as revised, and Chapter
90.84 RCW and the federal mitigation banking guidelines as outlined in the
Federal Register, Volume 60, No. 228, November 28, 1995. These guidelines
establish the procedural and technical criteria that banks must meet to
obtain state and federal certification.
3. Preference shall be given to mitigation banks that implement restoration
actions that have been identified formally by an adopted shoreline restoration
plan, watershed planning document prepared and adopted pursuant to
Chapter 90.82 RCW, a salmonid recovery plan or project that has been
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identified on the Watershed Management Board Habitat Project List or by the
Washington State Department of Fish and Wildlife as essential for fish and
wildlife habitat enhancement.
B. Mitigation banks shall require a major project permit in accordance with Chapter
20.88 WCC and shall be subject to a formal review process including public review
as follows:
1. The bank sponsor shall submit a bank prospectus for County review. The
prospectus shall identify the conceptual plan for the mitigation bank,
including:
a. The ecological goals and objectives of the bank;
b. The rationale for site selection, including a site map and legal description
of the prospective bank site;
c. A narrative demonstrating compliance with the Whatcom County
comprehensive plan, associated development standards and this chapter,
shoreline restoration plan, watershed planning documents prepared and
adopted pursuant to Chapter 90.82 RCW, and /or the salmonid recovery
plan;
d. A description of the existing site conditions and expected changes in site
conditions as a result of the banking activity, including changes on
neighboring lands;
e. A conceptual site design;
f. A description of the proposed protective mechanism such as a
conservation easement; and
g. Demonstration of adequate financial resources to plan, implement,
maintain, and administer the project.
2. The technical administrator shall review the bank prospectus either by
participating in the state's Mitigation Bank Review Team (MBRT) process
and /or by hiring independent, third -party expertise to assist in the review.
3. If the technical administrator determines that the bank prospectus is
complete, technically accurate, and consistent with the purpose and intent of
this chapter, s /he shall forward the prospectus to the County Council for
initial review. If the proposed bank involves conversion of agricultural land to
nonagricultural uses, the County Council shall seek a recommendation from
the Agricultural Advisory Committee as to whether the conversion should be
allowed. The Committee's recommendation shall be nonbinding. The County
Council may require mitigation for the loss of agricultural lands.
4. If the County Council determines, based on the initial review, that the
prospectus is valid, it shall issue a notice to proceed to the bank sponsor.
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Following receipt of the notice to proceed, the bank sponsor may submit
application for a major project permit in accordance with Chapter 20.88
WCC. The notice to proceed shall not be construed as final approval of the
bank proposal, but shall indicate approval to proceed with the development
of the mitigation bank instrument, which details all of the legal requirements
for the bank.
5. Upon receipt of a draft mitigation banking instrument from the bank sponsor
and major project permit application, the technical administrator shall review
the banking instrument and major project permit in consultation with the
MBRT and /or other third -party expert. Following review of the mitigation
banking instrument and major project permit, the technical administrator
shall make a recommendation to certify and approve, conditionally certify
and approve, or deny the bank proposal and major project permit in
accordance with the provisions of Chapters 20.88 and 22.05 WCC.
6. Following receipt of the recommendation, the County Council shall proceed
with review in accordance with the provisions outlined in Chapters 20.88 and
22.05 WCC.
7. The bank sponsor shall be responsible for the cost of any third -party review.
16.16.270 Reasonable Use Exceptions.
A. Permit applicants for a property so encumbered by critical areas and /or buffers
that application of this chapter — including buffer averaging, buffer reduction, or
other mechanism —would deny all reasonable use may seek approval pursuant
to the reasonable use standards and procedures provided in this section.
B. Reasonable Use Standards.
1. Nothing in this chapter is intended to preclude all reasonable economic use of
property. If the application of this chapter would deny all reasonable
economic use of the subject property, including agricultural use, use or
development shall be allowed if it is consistent with the zoning code and the
purposes of this chapter.
2. To qualify as a reasonable use, the technical administrator or hearing
examiner, as appropriate, must find that the proposal is consistent with all of
the following criteria:
a. There is no portion of the site where the provisions of this chapter allow
reasonable economic use, including agricultural use or continuation of
legal nonconforming uses;
b. There is no feasible alternative to the proposed activities that will provide
reasonable economic use with less adverse impact on critical areas and /or
buffers. Feasible alternatives may include, but are not limited to, locating
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the activity on a contiguous parcel that has been under the ownership or
control of the applicant since September 30, 2005, change in use,
reduction in size , change in timing of activity, and /or revision of project
design;
c. Activities will be located as far as possible from critical areas and the
project employs all reasonable methods to avoid adverse effects on
critical area functions and values, including maintaining existing
vegetation, topography, and hydrology. Where both critical areas and
buffer areas are located on a parcel, buffer areas shall be disturbed in
preference to the critical area;
d. The proposed activities will not result in adverse effects on endangered or
threatened species as listed by the federal government or the state of
Washington, or be inconsistent with an adopted recovery plan;
e. Measures shall be taken to ensure the proposed activities will not cause
degradation of groundwater or surface water quality, or adversely affect
drinking water supply;
f. The proposed activities comply with all state, local and federal laws,
including those related to erosion and sediment control, pollution control,
floodplain restrictions, and on -site wastewater disposal;
g. The proposed activities will not cause damage to other properties;
h. The proposed activities will not increase risk to the health or safety of
people on or off the site;
i. The inability to derive reasonable economic use of the property is not the
result of segregating or dividing the property and /or creating the
condition of lack of use after September 30, 2005;
j. The project includes mitigation for unavoidable critical area and buffer
impacts in accordance with the mitigation requirements of this chapter;
k. For single - family residences, the maximum impact area may be no larger
than 4,000 square feet. This impact area shall include the residential
structure as well as appurtenant development that are necessarily
connected to the use and enjoyment of a single - family residence. These
appurtenant developments include garages, decks, driveways, parking,
on -site septic systems, and all lawn and non - native landscaping, with the
following exceptions:
On lots outside of the shoreline jurisdiction, when an extended
driveway is necessary to access a portion of a development site with
the least impact on critical area and /or buffers, those portions of the
driveway shall be excluded from the 4,000 square foot maximum
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impact area provided that the access road meets the standards of
WCC 16.16.620(E) or 16.16.720(C), as applicable.
ii. On lots within the shoreline jurisdiction, when an extended driveway is
necessary to access a portion of a development site with the least
impact on critical area and /or buffers, approval of those driveway
portions shall be sought through a Shoreline Variance (WCC
23.60.030) and demonstrate that the size and location of the driveway
is the minimum relief necessary to access the development site.
C. Reasonable Use Procedures.
1. Procedural requirements for reasonable use exception applications shall be as
follows:
a. Reasonable use exception applications shall be subject to an open record
public hearing; except, that reasonable use exception applications for
single - family residential building permits, or for other development
proposals that would affect critical area buffers, but not the critical areas
themselves, shall be processed administratively by the technical
administrator.
b. Reasonable use exception applications that require an open record
hearing shall be processed in accordance with Chapter22.05.
c. Reasonable use exception applications that are subject to administrative
approval by the technical administrator shall be processed in accordance
with WCC 22.05.
d. The hearing examiner or technical administrator shall have the authority
to set an expiration date for any or all reasonable use approvals. The
development proposal must be completed before the approval expires.
e. Any person aggrieved by the granting, denying, or rescinding of a
reasonable use exception by the technical administrator or any party of
record may appeal the Technical Administrator's decision pursuant to
WCC 16.16.280 or the hearing examiner decision pursuant to Chapter
22.05 WCC.
f. Any application for a reasonable use exception or approval which remains
inactive for a period of 180 days shall expire and a new application and
repayment of fees shall be required to reactivate the proposal; provided,
that the technical administrator may grant a single 90 -day extension for
good cause. Delays such as those caused by public notice requirements,
environmental (SEPA) review, litigation directly related to the proposal, or
changes in government regulations shall not be considered as part of the
inactive period.
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2. All reasonable use exception applications or other approvals shall be subject
to the provisions of this chapter, which are in effect at the time of
application.
3. Each application for a reasonable use exception shall be accompanied by a
fee as stated in the unified fee schedule.
4. In making reasonable use decisions, the technical administrator shall have
the authority to require submittal of technical reports in accordance with
WCC 16.16.255 and /or 16.16.260(6).
16.16.273 Variances.
Where strict application of dimensional requirements of this chapter renders
compliance with these provisions an undue hardship and when no other feasible
alternative exists; permit applicants may seek a variance pursuant to WCC
20.84.100. A variance application shall be processed pursuant to WCC 22.05.
16.16.280 Appeals.
A. Final permit decisions shall be subject to appeal in accordance with the
procedures of Chapter 22.05 WCC.
Whatcom County Code Title 23
Shoreline Management Program
Chapter 23.05
ADMINISTRATIVE PROCEDURES
23.05.010 Authority
23.05.020 Purpose.
23.05.030 Administrative procedures.
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23.05.010 Authority.
As described in adopted Whatcom County Ordinance 2008 -034, the general
administrative sections of Title 23 (Whatcom County Shoreline Management
Program) are not part of this program. They are, however, included with the text of
this title for consistency and ease of use. Department of Ecology will be notified of
any changes to the administrative chapters listed below.
The use of separate local administrative and enforcement procedures is consistent
with the 2003 Washington State Shoreline Master Program Guidelines (WAC 173 -
26- 191(2)(a)(iii)(C)), Administrative provisions:
Local governments may include administrative, enforcement, and permit
review procedures in the master program or the procedures may be
defined by a local government ordinance separate from the master
program. In either case, these procedures shall conform to the Shoreline
Management Act, specifically RCW 90.58.140, 90.58.143, 90.58.210 and
90.58.220 and to chapter 173 -27 WAC.
23.05.020 Purpose.
The purpose of this chapter is to allow Whatcom County to revise local
administrative procedures (fees, application meetings, authority of administrator,
etc.) without a formal state amendment process. These chapters must still be
consistent and remain consistent with the related provisions in the Shoreline
Management Act and state shoreline rules (WACs). In the event of a conflict, the
state RCW or WAC, as amended, will prevail over the local ordinance.
23.05.030 Administrative procedures.
A. All applications for project permits covered by this title shall be reviewed and
processed in accordance with WCC 22.05, except as otherwise stated within
this title.
B. The following sections and chapters were adopted by the Whatcom County
Administrative Procedures Ordinance 2008 -034, and are separate from this
title:
WCC 23.60.050
WCC 23.60.060
WCC 23.60.070
WCC 23.60.080
WCC 23.60.090
WCC 23.60.100
WCC 23.60.110
WCC 23.60.130
WCC 23.60.140
WCC 23.60.150
WCC 23.60.160
WCC 23.60.180
WCC 23.60.190
Minimum application requirements.
Preapplication conference.
Fees.
Notice of application.
Permit application review.
Consolidated permit review.
State Environmental Policy Act (SEPA) compliance.
Public hearings.
Permit conditions.
Notice of decision, reconsideration and appeal.
Initiation of development.
Rescission and modification.
Expiration.
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Chapter 23.70 WCC - Administration.
Chapter 23.80 WCC - Legal Provisions.
23.60.050 Minimum application requirements.
A. Where other approvals or permits are required for a use or development that
does not require an open record hearing, such approvals or permits shall not be
granted until a shoreline approval or permit is granted. All shoreline approvals and
permits shall include written findings prepared by the administrator documenting
compliance with bulk and dimensional standards and other policies and regulations
of this program.
B. A complete application for a substantial development, conditional use, or
variance permit shall contain all materials required in the department's
administrative manual; provided, that the administrator may vary or waive these
requirements as provided in the manual and may vary or waive these
requirements on a case -by -case basis. The administrator may require additional
specific information depending on the nature of the proposal and the presence of
sensitive ecological features or issues related to compliance with other county
requirements.
23.60.060 Pre - application conference.
Prior to filing a permit application for a shoreline substantial development permit,
variance or conditional use permit decision, the applicant shall contact the county to
schedule a preapplication conference which shall be held prior to filing the
application; provided, that such meetings shall not be required for development
activities associated with shoreline restoration projects, agriculture, commercial
forestry, or the construction of a single - family residence.
23.60.070 Fees.
A. Required fees for all shoreline substantial development permits, shoreline
conditional use permits, shoreline variances, statements of exemption, appeals,
preapplication conferences and other required reviews and /or approvals shall be
paid to the county at the time of application in accordance with the Whatcom
County unified fee schedule in effect at that time and WCC 22.25.
B. When any given project requires more than one of the following permits or
applications, the total amount of fees shall be reduced i pursuant to WCC
22.25.030:
1. Preliminary plat application.
2. Rezone application.
3. Major development permit.
4. Planned unit development.
5. Binding site plan.
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C. When any project requires a shoreline conditional use permit or shoreline
variance in addition to a shoreline substantial development permit, the fees for the
conditional use or variance shall be reduced by half.
D. In the event that actions of an applicant result in the repetition of the review,
inspections and other steps in the approval process, those items or steps repeated
shall be charged to and paid by the applicant prior to any further processing of the
application by the county. The cost shall be in accordance with the adopted fee
schedule.
E. If an application is withdrawn within 30 days of submittal, and no work has
commenced at the site of the proposal for which the application was made, a refund
of not more than 50 percent of the shoreline fees paid may be granted by the
administrator. This amount may be reduced where staff time, public notice and
other costs exceed 50 percent of the fees paid.
23.60.080 Notice of application.
A. Upon receipt of a completed shoreline substantial development permit, shoreline
variance, or shoreline conditional use permit application, the county shall issue a
notice of application for a proposed land use action in the manner set forth in WCC
22.05.070.13. The rights of treaty tribes to resources within their usual and
accustomed areas shall be accommodated through the notification and comment
provisions of the permit review process. Tribal treaty rights may be addressed
through specific permit conditions. Direct coordination between tribes and the
applicant /proponent is encouraged.
23.60.090 Permit application review.
A. All shoreline permit applications, exemptions, or other approvals shall be subject
to the provisions of this program that are in effect at the time of application.
B. To facilitate review of an application the decision maker shall consider any or all
of the following:
1. The application and attached information;
2. The SEPA checklist, threshold determination, environmental impact
statement, or other environmental studies and /or documentation;
3. Written comments from interested persons;
4. Information and recommendations from any public agency and from the
administrator in cases where the administrator is not the decision maker;
5. Information or comment presented at a public hearing, if held, on the
application; and
6. The policy and provisions of the Act and this program including the criteria
enumerated in WCC 23.60.010, 23.60.030 and 23.60.040, as applicable.
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C. The decision maker shall process project permit applications for shoreline
substantial development permits, shoreline variance and shoreline conditional use
permits in compliance with the provisions of WCC 22.05 .
D. The decision maker shall process project permit applications for shoreline
statements of exemption in accordance with the provisions of WCC 23.60.023(A)
and Chapter 22.05 WCC.
E. Any application for a shoreline permit or approval that remains inactive for a
period of 180 days shall expire and a new application and repayment of fees shall
be required to reactivate the proposal; provided, that the administrator may grant
a single 90 -day extension for good cause. Delays such as those caused by public
notice requirements, State Environmental Policy Act review, litigation directly
related to the proposal, or changes in government regulations shall not be
considered as part of the inactive period.
F. If a shoreline permit is denied, no reapplication for the same or essentially
similar development may be made until one year from the date of denial.
23.60.100 Consolidated permit review.
A. Whenever an application for a project permit under the program requires a
project permit or approval under another county permit authority, such as zoning or
subdivision, the shoreline project permit application, time requirements and notice
provisions for processing the shoreline permit shall apply, in addition to those of
other regulatory programs.
B. The provisions of Chapter 22.05 WCC shall apply to the consolidated application,
review and approval of applications that require an open record hearing. Any
shoreline use or development that is subject to other approvals or permits that
requires an open record hearing under another permit authority, such as zoning or
subdivision, shall be subject to consolidated review and the decision maker
designated for the open record hearing shall be the decision maker for the
consolidated review.
23.60.110 State Environmental Policy Act (SEPA) compliance.
A. Whenever an application for shoreline substantial development permit, shoreline
variance, shoreline conditional use permit, or statement of exemption is subject to
the rules and regulations of SEPA (Chapter 43.21C RCW), the review requirements
of SEPA, including time limitations, shall apply, where applicable.
B. Applications for shoreline permit(s) or approval(s) that are not categorically
exempt under SEPA shall be subject to environmental review by the responsible
official of Whatcom County pursuant to the State Environmental Policy Act (Chapter
197 -11 WAC).
C. As part of SEPA review, the responsible official may require additional
information regarding the proposed development in accordance with Chapter 197-
11 WAC.
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D. Failure of the applicant /proponent to submit sufficient information for a threshold
determination to be made shall be grounds for the responsible official to determine
the application incomplete.
23.60.120 Burden of proof.
Permit applicants /proponents have the burden of proving that the proposed
development is consistent with the criteria set forth in the Act and this program.
23.60.130 Public hearings.
A. The administrator shall determine whether an application requires a public
hearing pursuant to the criteria below no later than 15 days after the minimum
public comment period provided by WCC 23.60.080. An open record public hearing
shall be required for all of the following:
1. The proposal has a cost or market value in excess of $100,000 except for
single - family residences, agriculture, commercial forestry and ecological
restoration projects; or
2. The proposal would result in development of an area larger than five acres;
or
3. The proposal is a new or expanded marina, pier, aquaculture structure, any
building over 35 feet high, mine, dam, stream diversion, landfill; or
4. The administrator has reason to believe the proposal would be controversial
based on public response to the notice of receipt of application and other
information; or
5. The proposal is determined to have a significant adverse impact on the
environment and an environmental impact statement is required in accordance
with the State Environmental Policy Act; or
6. The proposal requires a variance and /or conditional use approval pursuant
to this program; or
7. The use or development requires an open record public hearing for other
Whatcom County approvals or permits.
B. An open record public hearing on shoreline permit applications shall be held in
accordance with the provisions of Chapter 22.05 WCC, unless a continuance is
granted pursuant to the rules and procedures of the hearing examiner or other
hearing body and subject to time requirements for compliance with the State
Environmental Policy Act.
E. Public hearing requirements for permit appeals shall be processed according to
WCC 23.60.150.
23.60.140 Permit conditions.
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In granting, revising, or extending a shoreline permit, the decision maker may
attach such conditions, modifications, or restrictions thereto regarding the location,
character, and other elements of the proposed development deemed necessary to
assure that the development will be consistent with the policy and provisions of the
Act and this program as well as the supplemental authority provided in Chapter
43.21C RCW as applicable. In cases involving unusual circumstances or uncertain
effects, a condition may be imposed to require monitoring with future review or
reevaluation to assure conformance with the Act and this program. If the
monitoring plan is not implemented, the permittee may be found to be
noncompliant and the permit may be rescinded in accordance with WCC 23.60.180.
23.60.150 Notice of decision, reconsideration and appeal.
A. A notice of decision for action on a shoreline substantial development permit,
shoreline variance, or shoreline conditional use permit shall be provided to the
applicant /proponent and any party of record in accordance with the review
procedures of Chapter 22.05 WCC and at least 10 days prior to filing such
decisions with the Department of Ecology pursuant to WAC 173 -27 -130. Decisions
filed with the Department of Ecology shall contain the following information:
1. A copy of the complete application;
2. Findings and conclusions that establish the basis for the decision including
but not limited to identification of shoreline environment designation(s),
applicable program policies and regulations and the consistency of the project
with appropriate review criteria for the type of permit(s);
3. The final decision of the local government;
4. A completed permit data sheet (see Appendix A of this title); and
5. Where applicable, local government shall also file the applicable documents
required by SEPA, or in lieu thereof, a statement summarizing the actions and
dates of such actions taken under Chapter 43.21C RCW.
6. When the project has been modified in the course of the local review
process, plans or text shall be provided that clearly indicate the final approved
plan.
B. Notice of decision for shoreline statements of exemption shall comply with WCC
23.60.023(E) and WCC 22.05.110(1).
C. This program shall only establish standing for parties of record for shoreline
substantial development permits, shoreline variances, or shoreline conditional use
permits. Standing as a party of record is not established by this program for
exempt actions pursuant to WCC 23.60.022; provided, that in such cases standing
may be established through an associated permit process that provides for public
notice and provisions for parties of record.
D. The applicant /proponent or any party of record may request reconsideration of
any final action by the decision maker within 10 days of notice of the decision. Such
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requests shall be filed on forms supplied by the county. Grounds for reconsideration
must be based upon the content of the written decision. The decision maker is not
required to provide a written response or modify his /her original decision. He /she
may initiate such action as he /she deems appropriate. The procedure of
reconsideration shall not preempt or extend the appeal period for a permit or affect
the date of filing with the Department of Ecology, unless the applicant /proponent
requests the abeyance of said permit appeal period in writing within 10 days of a
final action.
E. Appeals to the shoreline hearings board of a decision on a shoreline substantial
development permit, shoreline variance or shoreline conditional use permit may be
filed by the applicant /proponent or any aggrieved party pursuant to RCW 90.58.180
within 21 days of filing the final decision by Whatcom County with the Department
of Ecology.
F. Whatcom County shall consider an appeal of a decision on a shoreline substantial
development permit, shoreline variance or shoreline conditional use only when the
applicant /proponent waives his /her right to a single appeal to the shoreline
hearings board. Such waivers shall be filed with the county in writing concurrent
with a notice of appeal within 10 days of a final action. When an
applicant /proponent has waived his /her right to a single appeal, such appeals shall
be processed in accordance with the appeal procedures of subsection H of this
section and shall be an open record hearing before the hearing examiner.
G. Any order, requirement or administrative permit decision, or determination by
the administrator based on a provision of this program, except a shoreline
substantial development permit, may be the subject of an appeal to the office of
the hearing examiner by any aggrieved person. Such appeals shall be processed in
accordance with the appeal procedures of subsection H of this section and shall be
an open record hearing before the hearing examiner.
H. Appeal Procedures.
1. Appeals shall be filed on forms supplied by the county within 10 calendar
days of the issuance of a substantial development permit, shoreline variance
or shoreline conditional use permit and within 20 calendar days of any other
action of the administrator being appealed.
2. A public hearing on the appeal shall be held within 45 working days
following receipt of the application for appeal.
3. Legal notice of the public hearing shall be made by mailing notice of time,
date, and location of the hearing to the appellant, any parties of record, the
Washington Department of Ecology, and the administrator at least 15 days
prior to the hearing.
4. A decision by the hearing examiner shall be mailed within 10 working days
of the public hearing to all parties of record unless otherwise mutually agreed
to by all parties to the appeal.
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5. Any party of record may request a closed record review of the hearing
examiner's decision issued under subsection (H)(4) of this section by the
county council. Such an appeal shall be filed with the county council on forms
supplied by the county within 10 calendar days of the written decision. If
appeal is made to the county council, notice of appeal shall be provided to all
parties of record at least 15 days prior to consideration by the county council.
The council shall meet to review the hearing examiner's decision within 21
days of transmittal thereof, at which time it may approve or disapprove the
application, or remand the matter to the hearing examiner.
6. The time period for appeal to the shoreline hearings board shall begin after
the decision maker has filed the final county decision with the Department of
Ecology.
23.60.160 Initiation of development.
A. Development pursuant to a shoreline substantial development permit, shoreline
variance, or conditional use permit shall not begin and shall not be authorized until
21 days after the "date of filing" or until all review proceedings before the shoreline
hearings board have terminated.
B. Date of Filing.
1. "Date of filing" of a substantial development permit is the date of actual
receipt of the decision by the Department of Ecology.
2. The "date of filing" for a shoreline variance or shoreline conditional use
permit shall mean the date the permit decision rendered by the Department of
Ecology is transmitted by the department to the county and the
applicant /proponent.
23.60.170 Revisions.
A. A revision is required whenever the applicant /proponent proposes substantive
changes to the design, terms or conditions of a project from that which is approved
in the permit and /or statement of exemption. Changes are substantive if they
materially alter the project in a manner that relates to its conformance to the terms
and conditions of the permit, this program or the Act. Changes that are not
substantive in effect do not require a revision.
B. An application for a revision to a shoreline permit shall be submitted to the
administrator. The application shall include detailed plans and text describing the
proposed changes. The county decision maker that approved the original permit
may approve the request upon a finding that the proposed changes are within the
scope and intent of the original approval, and are consistent with this program and
the Act.
C. 'Within the scope and intent of the original approval" means all of the following:
1. No additional over -water construction is involved except that a pier, dock or
floating structure may be increased by 10 percent over that approved under
the original approval;
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2. Ground area coverage and /or height may be increased a maximum of 10
percent over that approved under the original approval; provided, that the
revised approval does not authorize development to exceed the height,
impervious surface, setback or any other requirements of this program except
as authorized under a variance granted for the original development;
3. Additional or revised landscaping is consistent with any conditions attached
to the original approval and with this program;
4. The use authorized pursuant to the original approval is not changed; and
5. The revision will not cause adverse environmental impacts beyond those
originally authorized in the approval.
D. Revisions to shoreline permits and statements of exemption may be authorized
after the original authorization has expired. Revisions made after the expiration of
the original approval shall be limited to changes that are consistent with this
program and that would not require a permit under this program. If the proposed
change is a substantial development as defined by this program, then a new permit
is required. The provisions of this subsection shall not be used to extend the time
requirements or to authorize substantial development beyond the time limits or
scope of the original approval.
E. A new permit shall be required if the proposed revision and any previously
approved revisions in combination would constitute development beyond the scope
and intent of the original approval as set forth in subsection C of this section.
F. Upon approval of a revision, the decision maker shall file a copy of the revised
site plan and a detailed description of the authorized changes to the original permit
with the Department of Ecology together with a final ruling and findings supporting
the decision based on the requirements of this section. In addition, the decision
maker shall notify parties of record of the action.
G. If the proposed revision is to a development for which a shoreline conditional use
or variance was issued, the decision maker shall submit the revision to the
Department of Ecology for approval with conditions or denial, and shall indicate that
the revision is being submitted under the requirements of this subsection. Under
the requirements of WAC 173 -27- 110(6), the Department shall render and transmit
to the decision maker and the applicant /proponent its final decision within 15 days
of the date of the Department's receipt of the submittal from the decision maker.
The decision maker shall notify parties on record of the Department's final decision.
Appeals of a decision of the Department shall be filed in accordance with the
provisions of Chapter 461 -08C WAC. (Ord. 2009 -13 § 1 (Exh. 1)).
23.60.180 Rescission and modification.
A. Any shoreline permit granted pursuant to this program may be rescinded or
modified upon a finding by the hearing examiner that the permittee or his /her
successors in interest have not complied with conditions attached thereto. If the
results of a monitoring plan show a development to be out of compliance with
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specific performance standards, such results may be the basis for findings of
noncompliance.
B. The administrator shall initiate rescission or modification proceedings by issuing
written notice of noncompliance to the permittee or his /her successors and
notifying parties of record at the original address provided in application review
files.
C. The hearing examiner shall hold a public hearing no sooner than 15 days
following such issuance of notice, unless the applicant /proponent files notice of
intent to comply and the administrator grants a specific schedule for compliance. If
compliance is not achieved, the administrator shall schedule a public hearing before
the hearing examiner. Upon considering written and oral testimony taken at the
hearing, the hearing examiner shall make a decision in accordance with the above
procedure for shoreline permits.
D. These provisions do not limit the administrator, the prosecuting attorney, the
Department of Ecology or the Attorney General from administrative, civil,
injunctive, declaratory or other remedies provided by law, or from abatement or
other remedies.
23.60.190 Expiration.
A. The following time requirements shall apply to all substantial development
permits and to any development authorized pursuant to a variance, conditional use
permit, or statement of exemption:
1. Construction shall be commenced or, where no construction is involved, the
use or activity shall be commenced within two years of the effective date of a
shoreline permit or exemption or the permit shall expire; provided, that the
hearing examiner or administrator, as appropriate, may authorize a single
extension for a period of not more than one year based on a showing of good
cause if a request for extension has been filed with the hearing examiner or
administrator as appropriate before the expiration date of the shoreline permit
or exemption, and notice of the proposed extension is given to parties of
record and the Department of Ecology.
2. Authorization to conduct development activities shall terminate five years
after the effective date of a shoreline permit or exemption; provided, that the
hearing examiner or administrator, as appropriate, may authorize a single
extension for a period of not more than one year based on a showing of good
cause, if a request for extension has been filed with the hearing examiner or
administrator, as appropriate, before the expiration date of the shoreline
permit or exemption and notice of the proposed extension is given to parties of
record and the Department of Ecology.
3. The effective date of a shoreline permit or exemption shall be the date of
last action required on the shoreline permit or exemption and all other
government permits and approvals that authorize the development to proceed,
including administrative and legal actions on any such permit or approval. The
applicant /proponent shall be responsible for informing the county of the
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pendency of other permit applications filed with agencies other than the
county and of any related administrative and legal actions on any permit or
approval. If no notice of the pendency of other permits or approvals is given to
the county prior to the date of the last action by the county to grant county
permits and approvals necessary to authorize the development to proceed,
including administrative and legal actions of the county, and actions under
other county development regulations, the date of the last action by the
county shall be the effective date.
B. Notwithstanding the time limits established in subsections (A)(1) and (2) of this
section, upon a finding of good cause based on the requirements and circumstances
of the proposed project and consistent with the policies and provisions of this
program and the Act, the hearing examiner or administrator as appropriate may set
different time limits for a particular substantial development permit or exemption as
part of the action to approve the permit or exemption. The hearing examiner may
also set different time limits on specific conditional use permits or variances with
the approval of the Department of Ecology. The different time limits may be longer
or shorter than those established in subsections (A)(1) and (2) of this section but
shall be appropriate to the shoreline development or use under review. "Good cause
based on the requirements and circumstances of the proposed project" shall mean
that the time limits established for the project are reasonably related to the time
actually necessary to perform the development on the ground and complete the
project that is being permitted, and /or are necessary for the protection of shoreline
resources.
C. When permit approval includes conditions, such conditions shall be satisfied prior
to occupancy or use of a structure or prior to the commencement of a nonstructural
activity; provided, that different time limits for compliance may be specified in the
conditions of approval as appropriate.
D. The hearing examiner or administrator as appropriate shall notify the
Department of Ecology in writing of any change to the effective date of a permit,
authorized by subsections A through C of this section, with an explanation of the
basis for approval of the change. Any change to the time limits of a permit other
than those authorized by the sections of this program previously listed shall require
a new permit application.
23.70.030 Hearing examiner.
The Whatcom County hearing examiner is hereby vested with the authority to
conduct open record hearings and prepare a record thereof pursuant to WCC
2.11.210.
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Whatcom County Code Title 24
Health
Chapter 24.07
ADMINISTRATIVE NOTICE PROCEEDINGS, CIVIL PENALTIES AND
ABATEMENT
24.07.090 Hearing and appeals.
A. Notice of Appeal. Any aggrieved person may appeal any administrative notice,
any assessment of civil penalty, director's decision or order by submitting to the
director a written request for a hearing within fourteen calendar days of the service
of the notice, order or decision. The notice of appeal shall cite the notice, order or
decision appealed from and contain a brief statement of the reasons for seeking an
appeal hearing.
B. Notice and Timing of Appeal Hearing. After receipt of a notice of appeal, the
director shall transmit the notice of appeal, and the notice or decision appealed
from, to the hearing examiner. An appeal hearing shall be conducted on the record.
Written notice of the time and place of the hearing shall be given at least fourteen
calendar days prior to the date of the hearing to each appealing party, to the
director whose notice, order or decision is being appealed, and to all other
interested persons who have requested in writing that they be so notified.
1. In the case of an appeal from a notice of contamination issued under
Chapter 24.13 WCC, the hearing shall be held not less than 20 days and not
more than 30 days after serving of the notice as required by RCW 64.44.030.
C. Conduct of Appeals. All appeals shall be conducted in accordance with Chapter
22.05 WCC, except for timeframes noted in WCC 24.07.090(A) and (B).
D. Combination of Appeal. Whenever possible, the appeal from the director's
administrative notice, order or decision shall be combined with any other appeal
from enforcement actions relating to the same subject matter and falling within the
jurisdiction of the hearing examiner.
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EXHIBIT D
Whatcom County Code Title 20
Zoning
AMENDMENTS
Title 20
ZONING
Chapters:
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a
20.90 Reserved.
20.92 Reserved.
Chapter 20.04
GENERAL PROVISIONS
Sections:
20.04.031 Reserved.
20.04.090
Appeals.
20.04.091
Reserved.
20.04.092
Reserved.
20.04.031 Reserved
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20.04.090 Appeals.
Any party of record may appeal any order, final permit decision, or final
administrative determination in the administration or enforcement of this title. The
hearing examiner shall have the authority to hear and decide appeals pursuant to
WCC 22.05.160.20.04.091 Reserved.
20.04.092 Reserved.
Chapter 20.13
WIRELESS COMMUNICATION FACILITIES
20.13.050 Administrative approval uses.
The following uses are considered administrative approval uses and shall require a
wireless communication facility (WCF) permit in accordance with Chapters 22.05
and 20.84 WCC, and shall be subject to a threshold determination in accordance
with the Whatcom County SEPA Ordinance unless categorically exempt; provided,
that WCF permit proposals located in nonresidential related districts shall be
exempt from the public noticing requirements found in Chapter 2.33 WCC, Permit
Review Procedures.
20.13.060 Conditional uses.
(1) The following uses shall require conditional use permit approval by the hearing
examiner, and shall be processed in accordance with Chapters 22.05 and 20.84
WCC and shall be subject to a threshold determination in accordance with the
Whatcom County SEPA Ordinance, unless categorically exempt. Such uses shall
comply with county, state, and federal law and regulations and all applicable
provisions of this chapter. The applicant or applicant's agent must also submit
documentation to the administrator that demonstrates that any new antennas meet
Federal Communication Commission (FCC) emission standards (as applicable). The
administrator may refer an application for a conditional use to a technical review
committee for review and comment prior to referring the application to the hearing
examiner for a decision.
20.13.170 Appeals.
The hearing examiner shall have the authority to decide, in conformity with this
chapter, appeals from any order, requirement, permit decision or determination
made by an administrative official in the administration or enforcement of this
chapter where more than one interpretation is possible as provided in WCC
22.05.160.
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Chapter 20.15
COMMERCIAL MUSHROOM SUBSTRATE PRODUCTION FACILITIES
20.15.170 Appeals.
The hearing examiner shall have the authority to decide, in conformity with this
chapter, appeals from any order, requirement, permit decision or determination
made by an administrative official in the administration or enforcement of this
chapter where more than one interpretation is possible as provided in WCC
22.05.160.
Any such appeal shall be reviewed de novo by the hearing examiner as to the scope
of review and the standard of review.
Chapter 20.78
TRANSPORTATION CONCURRENCY MANAGEMENT
20.78.090 Appeal.
(1) The results of an administrative reconsideration pursuant to WCC 20.78.080
may be appealed to the hearing examiner, as provided in WCC 22.05.160.
Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
20.80.738 Development moratoria — implementation, removal, and
exceptions.
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(2) Request for Removal of Development Moratorium. A development moratorium
may be considered for removal by the hearing examiner when all of the following
requirements are met:
(a) Public Hearing Required.
(i) The county shall set a date for public hearing before the examiner
pursuant to WCC Chapter 22.05 after all the requests for additional
information or plan corrections have been satisfied and the necessary
components have been received as required for a complete application.
(ii) The public hearing shall follow the procedures set forth in WCC
Chapter 22.05.
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
Sections:
20.84.100
20.84.150
20.84.200
20.84.210
20.84.220
20.84.225
20.84.230
20.84.235
20.84.236
20.84.250
20.84.260
Variances.
Reserved.
Conditional uses.
Application.
Criteria.
Revisions to conditional use permits.
Reserved.
Administrative approval uses.
Revisions to administrative approval use
)ermits.20.84.240 Reserved.
Reserved
Reserved.
20.84.100 Variances.
.110 The hearing examiner shall have authority to grant a variance from the
provisions of this ordinance and of WCC Title 22, the Guide Meridian Improvement
Plan, when, in the opinion of the hearing examiner, the conditions set forth in WCC
20.84.120 herein have been found to exist. In such cases, a variance may be
granted which is in harmony with the general purpose and intent of this ordinance
so that the spirit of this ordinance shall be observed, public safety and welfare
secured, and substantial justice done; provided, that no variance shall be granted
which authorizes a use which is not permitted by the underlying zoning.
.120 Before any variance may be granted, it shall be shown that the following
circumstances are found to apply:
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(1) That any variance granted shall not constitute a grant of special privilege, be
based upon reasons of hardship caused by previous actions of the property owner,
nor be granted for pecuniary reasons alone;
(2) Because of special circumstances applicable to the subject property, including
size, shape, topography, location or surrounding, the strict application of the zoning
ordinance is found to cause a hardship and deprive the subject property of a use or
improvement otherwise allowed in the identical zone classification. Aesthetic
considerations or design preferences without reference to restrictions based upon
the physical characteristics of the property do not constitute sufficient hardship
under this section;
(3) The granting of the variance will not be materially detrimental to the public
welfare, or injurious to the property or improvements in the vicinity and zone in
which the subject is situated.
20.84.150 Reserved.
Repealed by Ord. 2016 -011.
20.84.200 Conditional uses.
20.84.210 Application.
Conditional use permit applications shall be processed per the provisions of WCC
Chapter 22.05. Conditional use permits shall be nontransferable unless said transfer
is further approved by the hearing examiner.
20.84.220 Criteria.
Before approving an application, the hearing examiner or zoning administrator shall
ensure that any specific standards of the use district defining the use are fulfilled,
and shall find adequate evidence showing that the proposed use at the proposed
location:
(1) Will be harmonious and in accordance with the general and specific objectives of
Whatcom County's Comprehensive Plan and zoning regulations.
(2) Will be designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity, and that such use will not change the essential character of the
same area.
(3) If located in a rural area (as designated in the Comprehensive Plan), will be
consistent with rural land use policies as designated in the rural lands element of
the Comprehensive Plan.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be serviced adequately by necessary public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and
sewers, and schools; or that the persons or agencies responsible for the
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establishment of the proposed use shall be able to provide adequately any such
services.
(6) Will not create excessive additional requirements at public cost for public
facilities and services, and will not be detrimental to the economic welfare of the
community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property, or the general
welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or
odors.
(8) Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets.
(9) Will not result in the destruction, loss or damage of any natural, scenic or
historic feature of major importance.
20.84.225 Revisions to conditional use permits.
The hearing examiner may administratively approve revisions to conditional use
permits; provided, that the proposed changes are within the scope and intent of the
original permit. "Within the scope and intent of the original permit" shall mean the
following:
(1) Lot coverage and height may be increased a maximum of 10 percent from the
provisions of the original permit; provided, that revisions involving new structures
not shown on the original site plan shall require a new permit; and provided
further, that any revisions authorized under this paragraph shall not exceed height,
lot coverage, setback or any other requirements of the regulations for the area in
which the project is located; and provided further that any revisions authorized
under this paragraph shall be reviewed for consistency with the relevant chapters
and policies in the Comprehensive Plan.
(2) Landscaping may be added to a project without necessitating an application for
a new permit; provided, that the landscaping is consistent with conditions (if any)
attached to the original permit and is consistent with the regulations for the area in
which the project is located;
(3) The use authorized pursuant to the original permit is not changed;
(4) No additional over -water construction will be involved for shoreline conditional
use permits;
(5) No substantial increase in adverse environmental impact will be caused by the
project revision.
20.84.230 Reserved.
20.84.235 Administrative approval uses.
(1) Administrative approval applications shall be processed per the provisions of
WCC Chapter 22.05.
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(2) Planning and development services shall approve or deny all administrative
approval use applications. Decisions for all administrative approval use permits
except adult businesses shall be based upon compliance with:
(a) The criteria established for the proposed use in the appropriate zone district;
(b) The Comprehensive Plan policies governing the associated land use designation;
(c) In rural areas, consideration will be given to the cumulative impacts of
permitted uses in relation to the governing Comprehensive Plan policies and zoning
district; and
(d) The requirement of this section and of WCC 20.84.220.
Decisions for administrative approval use permits for adult businesses shall be
based solely upon the criteria in subsection (3) of this section.
(3) Criteria for Adult Businesses. Prior to granting administrative approval for an
adult business, planning and development services shall find that the proposed use
at the proposed location satisfies or will satisfy all the following criteria:
(a) The adult business will be consistent with WCC 20.66.131.
(b) The adult business shall be closed from 2:00 a.m. to 10:00 a.m. if it
contains:
(i) An "adult eating or drinking establishment" as defined by WCC
20.97.008(2); or
(ii) An 'adult theater" as defined by WCC 20.97.008(3); or
(iii) An "other adult commercial establishment" as defined by WCC
20.97.008(4); or
(iv) One or more viewing booths.
(c) If the adult business includes one or more viewing booths, the interior of
the adult business will incorporate all of the following measures:
(i) Each viewing booth shall have at least a three -foot wide opening where
a customer enters and exits the booth that is without doors, physical
barriers, or visual barriers; and
(ii) Each viewing booth shall have at least one 100 -watt light bulb that is
properly working and turned on when business is open. The light bulb
shall not be covered or otherwise shielded except with a commercially
available lighting fixture. A minimum of one 12 -inch by 12 -inch durable
metal sign shall be located at the entrance to each viewing booth area
stating that lights shall remain on; and
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(iii) Aisles or hallways adjacent to viewing booths shall be a minimum of
five feet wide; and
(iv) There shall be no holes or openings in common walls between viewing
booths.
For adult businesses containing one or more viewing booths, a condition of
administrative approval shall require an unannounced inspection every six
months during business hours by Whatcom County to ensure that measures in
subsections (7)(d)(i) through (iv) of this section are being implemented on an
ongoing basis.
20.84.236 Revisions to administrative approval use permits.
Planning and development services may approve revisions to administrative
approval use permits; provided, that the proposed changes are within the scope
and intent of the original permit. "Within the scope and intent of the original
permit" shall mean the following:
(1) Lot coverage and height may be increased a maximum of 10 percent from the
provisions of the original permit; provided, that revisions involving new structures
not shown on the original site plan shall require a new permit; and provided
further, that any revisions authorized under this subsection shall not exceed height,
lot coverage, setback or any other requirements of the regulations for the area in
which the project is located; and provided further, that any revisions authorized
under this subsection shall be reviewed for consistency with the relevant chapters
and policies in the Comprehensive Plan;
(2) Landscaping may be added to a project without necessitating an application for
a new permit; provided, that the landscaping is consistent with conditions (if any)
attached to the original permit and is consistent with the regulations for the area in
which the project is located;
(3) The use authorized pursuant to the original permit is not changed;
(4) No additional over -water construction will be involved for shoreline conditional
use permits;
(5) No substantial increase in adverse environmental impact will be caused by the
project revision.
20.84.240 Reserved.
20.84.250 Reserved.
20.84.260 Reserved..
Chapter 20.85
PLANNED UNIT DEVELOPMENT
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Sections:
20.85.118 Concept plan.
20.85.200 Information submittal.
20.85.201 Reserved. 20.85.203 Reserved.
20.85.204 Reserved.
20.85.301
20.85.305
20.85.310
20.85.315
20.85.320
20.85.325
20.85.330
20.85.335
20.85.340
20.85.345
20.85.350
20.85.355
20.85.360
20.85.365
20.85.370
20.85.375
20.85.400
May[22,120182E
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Approval Criteria.
Reserved.
Reserved.
Scope of initial planned unit development approval.
Initial approval time limits.
Installation of improvements.
Final review and approval.
Control of the development after completion.
Enforcement.
Fees.
20.85.118 Concept plan.
Where a planned unit development application represents the first project of the
development of a larger site, the applicant may at his /her option submit a concept
plan indicating the general development of the remainder of the site. The purpose
of the concept plan is to encourage master planning of a site by demonstrating the
coordinated relationship of land use activities, roads, utilities and open space for
the entire site, and in concert with existing and planned off -site land uses and
facilities.
(1) Plan Contents. The concept plan should contain the elements required in the
department's administrative manual.
(2) Plan Status. Unless otherwise provided by agreement between the applicant
and zoning administrator, the concept plan shall be nonbinding, and shall not be
used as a basis for approving or denying the subject PUD application. However, the
plan may be used as a basis to administratively review the arrangement and design
of land uses, roads, bicycle and pedestrian pathways, and drainage facilities
included in the subject application. (Ord. 2004 -007 § 1, 2004).
20.85.200 Information submittal.
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The information required on the application, identified in the in the department's
administrative manual and contained within the notice of site - specific submittal
requirements shall be submitted with planned unit development applications. (Ord.
2004 -007 § 1, 2004; Ord. 96 -056 Att. A § V2, 1996).
Reserved. Reserved. Reserved. Reserved..... .
20.85.300 Planned unit development procedure.
Planned unit development applications shall be processed in accordance with WCC
22.05.
20.85.301 Reserved. 20.85.305 Reserved. 20.85.3 10 Reserved. 20.85.315
Reserved. 20.85.320 Reserved. 20.85.325 Reserved. 20.85.330
Reserved. 20.85.335 Approval Criteria.
Pursuant to WCC 22.120 the hearing examiner shall recommend to the county
council project approval, approval with conditions, or denial, based upon written
findings and conclusions supported by the evidence of record. The recommendation
shall determine the adequacy of a planned unit development application based on
the following criteria:
(1) Conservation of natural elements and features;
(2) Harmony of selected uses to each other;
(3) Grouping and design of buildings, service, parking areas, circulation and open
space as an integrated unit such that a safe, efficient and convenient PUD is
created;
(4) Harmony of the proposed PUD with the existing and proposed characteristics of
its surroundings, with emphasis and due consideration given to air, water and soil
pollution, flood protection, and aesthetics;
(5) Conformance with the policies, goals and objectives of the Comprehensive Plan;
(6) Adequate provision of utilities and circulation to serve the project and, where
appropriate, contribute to the overall development of urban areas;
(7) The exceptions granted by this chapter are warranted by creative design
utilizing good design principles and provision of amenities incorporated in the
planned unit development and its program;
(8) That the system of ownership, and means of developing, preserving and
maintaining open space and other common facilities is acceptable to the county;
and
(9) Where expanded land uses as allowed by WCC 20.85.053 are requested for an
application, the criteria of WCC 20.85.054 are met, and where a phasing plan is
proposed, the criteria of WCC 20.85.117(3) are met; and
(10) Promotion of creativity and affordability in residential, commercial and
industrial development.
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May[22,[2018®
20.85.345 Reserved. 20.85.350 Scope of initial planned unit development
approval.
(1) Once the planned unit development receives initial approval pursuant to WCC
22.05, all persons and parties, their successors, heirs, or assigns, who own, have,
or will have by virtue of purchase, inheritance or assignment, any interest in the
real property within the proposed PUD, shall be bound by the conditions attending
the approval of the development and the provisions of this chapter.
(2) Minor adjustments may be made and approved by the zoning administrator,
upon consultation with the technical committee, and are those adjustments which
may affect the dimensions, location and type of improvements of facilities;
provided, the amendment maintains the basic character of the PUD application
approved by the county council including general type and location of dwellings and
other land use activities, arrangement of buildings, density of the development, and
provisions of the project to meet density bonus and open space requirements; and
provided further, the standards of this chapter are met.
(3) Major adjustments are those which, in the opinion of the zoning administrator,
upon consultation with the technical committee, substantially change the basic
design, density, open space or other requirements of the planned unit
development. When a change constitutes a major adjustment, no building or other
permit shall be issued without prior review and approval by the county council of
such adjustment.
Chapter 20.88
MAJOR PROJECT PERMITS
Sections:
20.88.010 Purpose.
20.88.100 Major project permits.
20.88.200 Procedure.
.130 Pursuant to WCC 22.120 the hearing examiner shall recommend to the
county council project approval, approval with conditions, or denial, based upon
written findings and conclusions supported by the evidence of record. The
recommendation shall determine the adequacy of a major project permit application
based on the following criteria:
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(1) Will comply with the development standards and performance standards of the
zone in which the proposed major development will be located; provided where a
proposed major development has obtained a variance from the development and
performance standards, standards as varied shall be applied to that project for the
purposes of this act.
(2) Where the project is conditionally permitted in the zone in which it is located,
the project must satisfy the standards for the issuance of a conditional use permit
for the zone in which the project is located.
(3) Will be consistent with applicable laws and regulations.
(4) Will not substantially interfere with the operation of existing uses.
(5) Will be served by, or will be provided with essential utilities, facilities and
services necessary to its operation, such as roads, drainage facilities, electricity,
water supply, sewage disposal facilities, and police and fire protection. Standards
for such utilities, facilities and services shall be those currently accepted by the
state of Washington, Whatcom County, or the appropriate agency or division
thereof.
(6) Will not impose uncompensated requirements for public expenditures for
additional utilities, facilities and services, and will not impose uncompensated costs
on other property owned.
(7) Will be appropriately responsive to any EIS prepared for the project.
.140 In addition, the hearing examiner may recommend or county council may
impose any reasonable conditions precedent to the establishment of the major
development as may be required to mitigate impacts of the proposal on the natural
environment of the county, and to protect the health, safety and general welfare of
the people of the county consistent with the policies for environmental protection
set forth in the Comprehensive Plan.
.150 The hearing examiner may recommend or county council may also approve
alternative mitigation plans for major project permits in accordance with WCC
16.16.260(E) which may be used to satisfy the requirements of Chapter 16.16 WCC
and provide relief from the specific standards and requirements thereof. (Ord.
2005 -068 § 2, 2005; Ord. 98 -083 Exh. A § 66, 1998; Ord. 96 -056 Att. A § A2,
1996; Ord. 91 -075, 1991).
20.88.200 Procedure.
.205 If a major project permit is determined to be required, an application shall be
completed and filed along with the appropriate fees, and the application shall be
processed in accordance with WCC 22.05. A master plan is required as part of the
application for a major project permit. The master plan document shall include all
elements required per the department's administrative manual.
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.210 Development Standards. The master plan may propose standards that will
control development of the possible future uses that are in addition to, or substitute
for, requirements of this chapter. These may be such things as height limits,
setbacks, frontage, landscaping requirements, parking requirements, signage, view
corridors or facade treatments. Proposed standards that do not meet the minimum
county standards must obtain the appropriate variance prior to county approval of
the proposed standards. If the proposed design standards will apply to property
located partially or totally within an urban growth area, concurrence of the affected
city will be required.
.215 Procedures. Master plan review shall be conducted under current review
procedures. Other land use reviews may be conducted concurrently with the master
plan review.
(a) Any modifications, additions or changes to an approved master plan are
subject to the following:
(i) Minor changes shall be reviewed for compliance and compatibility with
the approved master plan. A determination is made by the director.
(ii) Major changes shall be subject to the original procedural application
type, subject to the fees as contained in the unified fee schedule.
(iii) Master plans may include, as a condition of their approval, a
requirement for periodic progress reports and mandatory updates on a
predetermined interval.
[the 'no more than one hearing' provision is covered in the proposed
22.05.110]
.220 through .265 Reserved. [moved to 22.05.145]
.270 Where a project requires a major project permit, that project shall be exempt
from the requirement of obtaining a conditional use permit.
.275 Major project permits: Where an applicant has applied for a planned unit
development, that project shall be exempt from the requirement to obtain a major
project permit.
Chapter 20.90
AMENDMENTS
Chapter 20.92
RESERVED
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Chapter 20.94
ENFORCEMENT AND PENALTIES
20.94.070 Permit revocation.
The zoning administrator, and /or designee, is authorized to suspend or revoke a
permit issued under the provisions of this code in instances where the hearing
examiner does not otherwise have authority pursuant to WCC 22.05.150. The
county may suspend or revoke a permit whenever the permit is issued in error or
on the basis of incorrect, inaccurate or incomplete information, and /or when a
substantial or a continued violation of the terms and /or conditions of a permit have
not been met.
WCC 20.94.060 Appeals.
Any party of record may appeal any order, final permit decision, or final
administrative determination in the administration or enforcement of this title. The
hearing examiner shall have the authority to hear and decide appeals pursuant to
WCC 22.05.160. The appeal fee on a code violation will be refunded if the appellant
can prove by clear and convincing evidence that a violation did not occur..... .
Chapter 20.97
DEFINITIONS
20.97.175 Hearing examiner.
"Hearing examiner" means the hearing examiner of Whatcom County (refer to WCC
Chapter 2.11).
20.97.293 Party of record.
"Party of record" means any person, agency or entity entitled to receive notice of
application or decision under this title, or any person, agency or entity providing
written comments on any application received under this title or notified local
government of their desire to receive a copy of the final decision on a permit and
who have provided an address for delivery of such notice by mail or email.
20.97.321 Project permit — Project permit application.
"Project permit" or "project permit application" means any land use or
environmental permit or license required from Whatcom County for a project
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action, including but not limited to building permits, subdivisions, binding site plans,
planned unit developments, subdivisions, binding site plans, planned unit
developments, conditional uses, shoreline substantial development permits, site
plan reviews, permits or approvals required by critical area ordinances, site specific
rezones authorized by a Comprehensive Plan or subarea plan, but excluding the
adoption or amendment of a comprehensive plan, subarea plan, or development
regulations except as otherwise specifically included in this subsection.
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Chapters:
EXHIBIT E
Whatcom County Code Title 21
Land Division Regulations
AMENDMENT
Title 21
LAND DIVISION REGULATIONS
Chapter 21.01
GENERAL PROVISIONS
Sections:
21.01.010
Title.
21.01.020
Purpose.
21.01.030
Authority.
21.01.040
Applicability and exemptions.
21.01.050
Interpretation, conflict and severability.
21.01.060
Enforcement and penalties.
21.01.070
Fees.
21.01.080
Administrative responsibilities.
21.01.090
Reserved.
21.01.100
Reserved.
21.01.105
Reserved.
21.01.110
Complete application.
21.01.120
Reserved.
21.01.130
Underground utilities.
21.01.140
Regulatory authority for development standards.
21.01.150
Repealed.
21.01.160
City urban growth areas.21.01.170 Reserved.
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21.01.010 Title.
This title shall be known and may be cited as the Whatcom County land division
regulations.
21.01.020 Purpose.
The purpose of this title is:
(1) To promote the public health, safety, and general welfare, and to protect the
natural resources and the environment.
(2) To provide for proper application of Chapter 58.17 RCW.
(3) To facilitate efficient and cost - effective land division and to ensure orderly
growth and development consistent with the Whatcom County Comprehensive Plan
and the Whatcom County Code.
(4) To establish an orderly transition from existing land uses to urban development
patterns in designated urban growth areas.
21.01.030 Authority.
This title is authorized pursuant to the authority delegated to Whatcom County
under Chapter 58.17 RCW, Plats - Subdivisions - Dedications.
21.01.040 Applicability and exemptions.
(1) This title shall apply to property boundary actions as defined in this title.
(2) The subdivision and short subdivision provisions of this title shall not apply to:
(a) Cemeteries and other burial plots while used for that purpose;
(b) Divisions of land into lots or tracts none of which are smaller than 20
acres or 1/32 of a section of land and not containing a dedication; provided,
that a certificate of exempt land division is obtained from Whatcom County in
accordance with this title;
(c) Divisions made by testamentary provisions, or the laws of descent;
(d) Divisions of land into lots or tracts classified for industrial or commercial
use when Whatcom County has approved a binding site plan for the use of
the land in accordance with this title;
(e) A division for the purpose of lease when no residential structure other
than mobile homes or travel trailers are permitted to be placed upon the land
when Whatcom County has approved a binding site plan for the use of the
land;
(f) A division made for the purpose of alteration by adjusting boundary lines,
between platted or unplatted lots or both, which does not create any
additional lot, tract, parcel, site, or division nor create any lot, tract, parcel,
site, or division which contains insufficient area and dimension to meet
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minimum requirements for width and area for a building site in accordance
with the provisions of this title;
(g) Divisions of land into lots or tracts pursuant to RCW 58.17.040(7);
condominiums when Whatcom County has approved a binding site plan in
accordance with the provisions of this title;
(h) A division for the purpose of leasing land for facilities providing personal
wireless services while used for that purpose. "Personal wireless services"
means any federally licensed personal wireless service. "Facilities" means
unstaffed facilities that are used for the transmission or reception, or both, of
wireless communication services including, but not necessarily limited to,
antenna arrays, transmission cables, equipment shelters, and support
structures;
(i) A division of land into lots or tracts of less than three acres that is
recorded in accordance with Chapter 58.09 RCW and is used or to be used
for the purpose of establishing a site for construction and operation of
consumer -owned or investor -owned electric utility facilities. For purposes of
this subsection, "electric utility facilities" means unstaffed facilities, except
for the presence of security personnel, that are used for or in connection with
or to facilitate the transmission, distribution, sale, or furnishing of electricity
including, but not limited to, electric power substations. This subsection does
not exempt a division of land from the zoning and permitting laws and
regulations of cities, towns, counties, and municipal corporations.
Furthermore, this subsection only applies to electric utility facilities that will
be placed into service to meet the electrical needs of a utility's existing and
new customers. "New customers" are defined as electric service locations not
already in existence as of the date that electric utility facilities subject to the
provisions of this subsection are planned and constructed;
(j) Agricultural Lease. Divisions made for the purpose of lease for agricultural
uses; provided, that each such leased parcel is a minimum of five acres or
1/128 of a section of land. The remaining portion of the parcel shall also be a
minimum of five acres or 1/128 of a section of land. This exemption
authorizes leasing the parcel but shall not authorize the sale of the parcel;
(k) Environmental Mitigation. Divisions of land for environmental mitigation,
conservation or restoration; provided, that all of the following conditions are
met:
(i) All lots are a minimum of five acres or 1/128 of a section of land.
(ii) Except as provided in subsection (k)(iii) of this section, all lots shall be
used exclusively for:
(A) Environmental mitigation required under local, state or federal law; or
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(B) Environmental conservation or restoration when a nonprofit nature
conservancy corporation or association as defined by RCW 84.34.250 or
public agency will own the lots.
(iii) If residential, commercial, or industrial buildings already exist, then one
lot containing these buildings shall be created. This one lot shall not be
subject to the requirements of subsection (k)(iv) of this section.
(iv) A permanent covenant acceptable to the director of planning and
development services shall be recorded against each lot, except as provided
in subsection (k)(iii) of this section. This covenant shall state the following:
(A) The lot shall be used exclusively for environmental mitigation,
conservation or restoration.
(B) The lot shall not be further divided.
(C) New structures not necessary for environmental mitigation, conservation
or restoration including residential, commercial and industrial development
shall be prohibited.
(D) After recording, if the original purposes underlying the covenant can no
longer be fulfilled and changed conditions warrant, the covenant may be
revised with the consent of the county council, consistent with then -
applicable policies and regulations.
(v) A legal description of the parcels created for environmental mitigation,
conservation or restoration, prepared by a surveyor, shall be submitted to
the planning and development services department for final approval and
recordation.
(vi) Legal ingress and egress access of record is provided to the lots created
by the exemption and verified by Whatcom County engineering. All access
points to public roads shall be approved by the Whatcom County engineer or
designee;
(1) Divisions of land into parcels of less than 40 acres but greater than 10
acres within the area zoned and designated as Agriculture in the
Comprehensive Plan for Whatcom County proceeding in accordance with
WCC 20.40.254(5).
(3) The following rules shall govern questions of precise applicability of these
regulations to land divisions:
(a) Contiguous Parcels. All contiguous parcels of land in the same ownership
shall be included within the boundaries of any proposed long or short
subdivision of any of the properties. For the purpose of this section, the lots
so situated shall be considered as one parcel; provided, that any of the
contiguous parcels that are within a recorded long or short plat that was filed
with the county auditor at least five years prior to the new land division shall
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not be required to be included if the lot or lots are in conformance with the
applicable zoning standards.
(b) Pre -1972 Parcels. Parcels of land legally divided prior to the effective date
of the ordinance codified in this title (as originally adopted February 3, 1972)
shall be considered in accordance with land division laws and resolutions
applicable at the time of plat recording per RCW 58.17.170 or other division.
21.01.050 Interpretation, conflict and severability.
(1) Minimal Interpretation. In their interpretation and application, the provisions of
this title shall be held to be the minimum requirements.
(2) Interpret to Protect Public Welfare. In the event of any discrepancies between
the requirements established herein and those contained in any other applicable
regulation, code or program, the regulations which are more protective of the public
health, safety and welfare shall apply.
(3) Severability. The provisions of this title are severable. If a section, sentence,
clause, or phrase of this title is adjudged by a court of competent jurisdiction to be
invalid, the decision shall not affect the remaining portions of this title.
21.01.060 Enforcement and penalties.
Enforcement and penalties shall be applied pursuant to Chapter 21.11 WCC.
21.01.070 Fees.
All application, appeal, or other fees associated with this title shall be as set forth in
the Whatcom County Unified Fee Schedule.
21.01.080 Administrative responsibilities.
(1) The director of the planning and development services department or designee
(hereinafter referred to as "director" or "subdivision administrator ") is designated
as the official responsible for administering the provisions of these land division
regulations.
(2) The Whatcom County planning and development services department shall act
as a coordinating agent to ensure that the regulatory process is expeditious and
shall recognize input provided by other officials, departments and divisions having
appropriate expertise, including but not limited to the:
(a) Whatcom County SEPA official for environmental analysis;
(b) Whatcom County engineering for survey, monumentation, engineering
design, road, stormwater management, drainage and utility improvements,
and the form of plats and binding site plans;
(c) Whatcom County fire marshal for fire - related issues; and
(d) Whatcom County health and human services department for water supply
and waste disposal.
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21.01.090 Reserved. 21.01.100 Reserved.21.01.110 Application
processing.
All applications for subdivisions, binding site plans, short subdivisions, boundary
line adjustments and other boundary actions covered by this title shall be reviewed
and processed in accordance with WCC 22.05, except as otherwise stated within
this title.
21.01.120 Reserved. 21.01.130 Underground utilities.
All on -site utilities that serve individual lots within a short subdivision, long
subdivision or binding site plan shall be placed underground, unless the supplier of
the service provides written documentation that underground installation is
determined to be infeasible by development of specific findings, or the county
requests above - ground utilities because of environmental constraints.
21.01.140 Regulatory authority for construction standards.
Administrative and technical requirements for implementing these regulations shall
be contained in the Whatcom County development standards adopted pursuant to
Chapter 12.08 WCC.
21.01.150 Boundary discrepancies.
Repealed by Ord. 2009 -007.
21.01.160 City urban growth areas.
City development standards shall be addressed, in accordance with adopted
ordinances, for land divisions located within a city's urban growth area.
21.01.170 Reserved.
Chapter 21.02
VARIANCES, APPEALS AND AMENDMENTS
Sections:
21.02.010 Variances.
21.02.020 Notification of cities.
21.02.030 Appeals.
21.02.040 Amendments — Advance notice.
21.02.010 Variances.
The hearing examiner, or in the case of short subdivisions, the technical review
committee, shall have authority to grant a variance from the provisions of this title
when they have found the conditions set forth below to exist. In such cases, a
variance may be granted which is in harmony with the general purpose and intent
of this title so that the intent of this title shall be observed, and public health,
safety and welfare secured.
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A variance may be granted only when all of the following circumstances listed in
either subsection (1) or (2) of this section are found to apply. Applicants shall
specify which criteria set they are proposing to qualify for a variance under and
shall provide information to the county demonstrating compliance with that criteria
set before a variance may be granted.
(1) Variance to Alleviate Unnecessary Hardship.
(a) Any variance granted shall not constitute a grant of special privilege, be
based upon reasons of hardship caused by previous actions of the property
owner, nor be granted for financial reasons alone.
(b) The strict application of these regulations would cause a hardship because
of special circumstances applicable to the subject property, including size,
shape, topography, environmental constraints or location. Aesthetic
considerations or design preferences without reference to restrictions based
upon the physical characteristics of the property do not constitute sufficient
hardship under this section.
(c) The granting of the variance will not be detrimental to the public health,
safety, or welfare or injurious to other property.
(2) Variance to Achieve Better Design.
(a) Any variance granted shall not constitute a grant of special privilege or be
based upon reasons of hardship caused by previous actions of the property
owner, nor be granted for financial reasons alone.
(b) The granting of the variance results in better lot design than would be
permitted under the standard regulations. "Better lot design" is defined as
meaning such items as more practical site design because of topography,
wetland or other environmental constraints, or the lot design will result in lots
nearer to conformance to required development standards or applicable
Comprehensive Plan goals and policies, including those relating to urban
growth areas.
(c) The granting of any variance will not be unduly detrimental to the public
welfare nor injurious to the property or improvements in the vicinity and
subarea in which the subject property is located.
(d) In granting variances and modifications, the hearing examiner or technical
review committee, as appropriate, may require such conditions as will in its
judgement secure substantially the objectives of the requirements so varied.
(3) A decision on a variance application by the technical review committee or by the
hearing examiner shall be accompanied by specific written findings addressing each
of the applicable criteria.
21.02.020 Notification of cities.
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Notice of a hearing or technical review committee meeting for variances shall be
provided to the appropriate city, if the land division is located within that city's
urban growth area.
21.02.030 Appeals.
(1) Any party of record may appeal any order, final permit decision, final
administrative determination including pre - approval or preliminary approval in the
administration or enforcement of this title. The hearing examiner shall have the
authority to hear and decide appeals pursuant to WCC 22.05.160.
(2) Appeals related to the Whatcom County Development Standards shall be made
to the technical advisory committee as required by WCC 12.08.035(I).
21.02.040 Amendments — Advance notice.
Notice of the time, place and purpose of any public hearing regarding the
amendment, adoption or repeal of an ordinance adopted pursuant to Chapter 58.17
RCW shall be given in accordance with the provisions of WCC Chapter 22.
Chapter 21.03
EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS
Sections:
21.03.010
21.03.020
21.03.030
21.03.040
21.03.045
21.03.050
21.03.060
21.03.070
21.03.080
21.03.085
21.03.090
Purpose.
Repealed.
Pre - approval.
Certificate of exemption.
Required disclosures.
Access on state highways.
Boundary line adjustments.
Reserved.
Reserved.
Reserved.
Repealed.
21.03.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and
requirements for the application, review and approval of exempt land divisions,
pursuant to WCC 21.01.040, and boundary line adjustments. The procedure is
intended to provide orderly and expeditious processing of such applications.
21.03.020 Exemptions.
Repealed by Ord. 2009 -007.
21.03.030 Pre - approval.
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Applicants may request that their proposed exempt land division be reviewed by
the subdivision administrator and pre- approved using forms supplied by the
planning and development services department
21.03.040 Certificate of exemption.
(1) A certificate of exempt land division shall be obtained from the planning and
development services department for exempt land divisions under WCC
21.01.040(2)(b) and (k). A certificate of exempt land division shall consist of a
suitably inscribed stamp on the instrument conveying land title and shall be
certified prior to the recording of the instrument with the county auditor. County
review and /or a county certificate of exemption stamp shall not be required for
WCC 21.01.040(2)(x) and (c) through (j).
(2) A certificate of exempt land division shall be approved, approved with
conditions, or denied as follows:
(a) Applications shall include information required by the department's
administrative manual.
(b) The exempt land division results in a lot(s) that qualifies as a valid land
use pursuant to the Whatcom County Code, including but not limited to lot
area, lot width, building setbacks, critical areas protection or shorelines
protection.
(c) The exempt land division will not detrimentally affect access, access
design, sight distance, grade, road geometry or other public safety and
welfare concerns.
(3) An exempt land division is not considered approved until said instrument has
been duly stamped as exempt and is filed for record concurrently with all applicable
disclosures of WCC 21.03.045 within 12 months of pre - approval. Pre - approval shall
be considered a final determination. Failure to record within 12 months of pre -
approval means the exempt land division application is expired and must be
resubmitted for review and approval. The time periods of this section do not include
the time during which the exempt land division was not actually pursued due to the
pendency of administrative appeals or legal actions or due to the need to obtain
any other government permits and approvals for the development that authorize
the development to proceed, including all reasonably related administrative or legal
actions on any such permits or approvals.
21.03.045 Required disclosures.
The following disclosures, if applicable, shall be recorded in the county auditor's
office and shall be filed concurrently with all conveyances of property subject to this
title:
(1) Right to farm, right to practice forestry, or mineral resource disclosures.
(2) Boundary discrepancies.
(3) Protective covenants, conditions and restrictions.
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(5) Significant pipeline in vicinity disclosure when the subject property is
within 500 feet of a pipeline shown on Map 5.2, Chapter 5 of the Whatcom
County Comprehensive Plan.
21.03.050 Access on state highways.
For parcels that will access onto a state highway, the applicant shall provide
evidence of an approved access from the State Department of Transportation prior
to approval of the exempt land division.
21.03.060 Boundary line adjustments.
The purpose of this section is to provide procedures and criteria for the review of
applications for adjustments or alterations to boundary lines of existing lots of
record which do not create any additional lot, tract, parcel, site or division nor
create any lot, tract, parcel, site or division which contains insufficient area and
dimension to meet minimum requirements for width and area for a building site.
Any adjustment of boundary lines must be approved by the subdivision
administrator prior to the transfer of property ownership between adjacent lots.
(1) Procedures. Boundary line adjustments shall be approved, approved with
conditions, or denied according to the procedures in WCC 22.05 and the following:
(a) Applications shall include information required by the department's
administrative manual.
(b) A title insurance certificate updated not more than 60 days prior to
application, which includes all parcels within the adjustment, must be
submitted to the subdivision administrator with boundary line adjustment
applications.
(c) All persons having an ownership interest within the boundary line
adjustment shall sign the final recording document in the presence of a
notary public.
(2) Decision Criteria. In reviewing a proposed boundary line adjustment, the
subdivision administrator or hearing examiner shall use the following criteria for
approval:
(a) The boundary line adjustment shall not result in the creation of an
additional lot.
(b) With the exception of those boundary line adjustments located within the
agricultural zone, the boundary line adjustment shall result in lots which
contain sufficient area and dimensions to meet minimum requirements for
width and area for a building site pursuant to this title.
(c) The boundary line adjustment shall be consistent with any restrictions,
depictions or conditions regarding the overall area in a plat or short plat
devoted to open space, environmental mitigation or conservation.
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(d) The boundary line adjustment shall be consistent with any restrictions or
conditions of approval for a recorded plat, short plat, zoning permit, or
development permit.
(e) The boundary line adjustment shall not cause boundary lines to cross on-
site sewage disposal systems or their reserve areas, prevent suitable area for
on -site sewage disposal systems, or prevent adequate access to water
supplies unless suitable mitigation including, but not limited to, the granting
of utility easements is provided to the satisfaction of Whatcom County;
provided, however, in the agricultural zone only those lots with existing on-
site sewage disposal systems or potable water supplies are subject to this
provision.
(f) The boundary line adjustment will not create a new access which is unsafe
or detrimental to the existing road system because of sight distance, grade,
road geometry or other safety concerns, as specified in adopted Whatcom
County road development standards.
(g) The boundary line adjustment on lots without an existing farmstead
home site shall demonstrate adequate septic and potable water suitability.
Applicants shall demonstrate adequate potable water availability per Chapter
24.11 WCC. Applicants shall demonstrate septic suitability approval pursuant
to Chapter 24.05 WCC.
(3) Final Approval and Recording Required. To finalize an approved boundary line
adjustment, the applicant must submit to the subdivision administrator within one
year of preliminary approval final review documents meeting the requirements of
approval.
(a) All persons having an ownership interest within the boundary line
adjustment shall sign the final recording document in the presence of a
notary public.
(b) Certified legal descriptions of the lots after the boundary line adjustment,
together with conveyance document(s) and language clearly binding the
property which is conveyed to the remainder portion of the property, shall be
prepared by a title company or licensed surveyor for all lots affected by the
boundary line adjustment.
(c) A title insurance certificate updated not more than 60 days prior to
recording of the adjustment, which includes all parcels within the
adjustment, submitted to the subdivision administrator with boundary line
adjustment final review documents.
(d) A final boundary line map, prepared by a licensed surveyor, along with
legal descriptions, shall be prepared and submitted for review and approval.
Two map copies shall be provided for review demonstrating compliance with
the preliminary boundary line adjustment approval.
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(e) A boundary line adjustment is not considered approved until the
conveyance documents have been duly stamped as exempt and is filed for
record concurrently with all applicable disclosures of WCC 21.03.045 within
12 months of preliminary approval. Preliminary approval is considered a final
determination. Failure to record within 12 months of preliminary approval
means the boundary line adjustment application is expired and must be
resubmitted for review and approval.
21.03.080 Reserved.
21.03.085 Reserved.
21.03.090 Reserved.
Repealed by Ord. 2009 -007.
Sections:
21.04.010
21.04.031
21.04.032
21.04.033
21.04.034
21.04.035
21.04.038
21.04.040
21.04.050
21.04.060
21.04.070
21.04.080
21.04.090
21.04.100
21.04.110
21.04.120
21.04.130
21.04.140
21.04.150
21.04.160
21.04.170
21.04.180
Chapter 21.04
SHORT SUBDIVISIONS
Purpose.
Pre - application meeting.
Short subdivision application submittal.
Reserved.
Preliminary approval decision criteria.
Final short subdivision review process.
Reserved.
Restriction of further division.
Development requirements.
Roads.
Public dedications.
Easements.
Water supply.
Sewage disposal.
Fire protection.
Short subdivision vacation and alteration.
Land survey.
Security.
Reserved.
Reserved.
Disclosures and notes.
Agricultural short plat.
21.04.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and
requirements for the application, review and approval of short subdivisions.
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21.04.031 Pre - application meeting.
(1) Pre - Application Meeting Required pursuant to WCC 22.05. Any person
contemplating preparation of a preliminary short subdivision application shall
submit information required for a pre - application meeting as provided in WCC 22.05
in the department's administrative manual.
21.04.032 Short subdivision application submittal.
An applicant requesting approval of a proposed short subdivision shall submit to the
planning and development services department an application with all items
required pursuant to WCC 22.05.050 and the department's administrative manual.
21.04.033 Reserved.
21.04.034 Preliminary Approval Decision Criteria.
The subdivision administrator shall issue a notice of preliminary approval, issue a
notice of additional requirements to obtain preliminary approval, or deny the
application. Preliminary short subdivision approval or denial is considered a final
administrative determination. A short subdivision determination shall be
accompanied by written findings by the county that:
(1) Appropriate provisions have been made for the public health, safety, and
general welfare and for such drainage ways, stormwater management, streets or
roads, potable water supplies, sanitary wastes, and sidewalks and other planning
features that assure safe walking conditions for students who only walk to and from
school, and the public use and interest will be served by the platting of such short
subdivision and dedication; and
(2) The short subdivision is in conformity with applicable land division, zoning,
critical areas, shoreline management, and other land use regulations.
21.04.035 Final short subdivision review process.
(1) Submittal. The final short subdivision submittal packet shall include responses
to all items called for in the notice of preliminary approval, and shall be in
conformance with the department's administrative manual.
(2) Time Allowed for Final Short Subdivision Approval.
(a) The applicant shall submit the final review packet with items required by
the department's administrative manual within two years of receiving the
notice of preliminary approval.
(b) The applicant shall record the short subdivision original drawing pursuant
to the department's administrative manual within three years of receiving
the notice of preliminary approval.
(c) If the applicant fails to submit the final short subdivision within these
time frames, the short subdivision shall be considered expired and a new
application meeting the requirements of this title and other Whatcom County
codes will be required.
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(3) The applicant, or their representative, shall submit such drawings and other
information as required by the county engineer or utility provider for the
construction of required improvements.
(4) The applicant shall submit paper prints of the proposed final short subdivision
for review prior to preparation of final original drawings.
(5) Execution and Acceptance of Final Short Subdivision.
(a) When all requirements of the notice of preliminary approval, applicable
laws, applicable regulations, and applicable development standards are
satisfied and an original drawing for recording has been submitted, the
subdivision administrator shall sign the original drawing of the short
platwithin 20 working days.
(b) If a right -of -way is dedicated, the county engineer shall also sign the
original drawing, accepting the dedication.
(c) The surveyor of record shall file said original drawing with the county
auditor, at which point it shall be deemed approved.
21.04.038 Reserved. 21.04.040 Restriction of further division.
Land in short subdivisions may not be further divided in any manner within a period
of five years except through the long subdivision process which requires the filing of
a final plat or through the binding site plan process which requires the filing of a
general and specific binding site plan. However, if the short subdivision contains
fewer than four parcels, nothing in this section shall prevent the owner who filed
the short plat from filing an alteration within the five -year period to create up to a
total of four lots within the original short subdivision boundaries.
21.04.050 Development requirements.
(1) All short subdivisions shall comply with the applicable standards, requirements
and procedures of the Whatcom County Development Standards and local, state,
and federal laws and regulations. The county, to the extent practicable, will require
new land divisions located within city urban growth areas to conform to city
development standards, in accordance with adopted ordinances.
(2) Improvements are required to be installed and completed by the subdivider
prior to final short plat approval, unless security is provided under WCC 21.04.140,
except on -site septic systems do not have to be installed unless required by the
health officer.
21.04.060 Roads.
Roads shall be designed with appropriate consideration for existing and projected
roads, anticipated traffic patterns, topographic and drainage conditions, public
convenience and safety, and the proposed uses of the land served.
(1) Dedications for the realignment and widening of the rights -of -way, in
accordance with county standards, shall take place whenever a short subdivision
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abuts a county road. Frontage roads or parallel access roads may be required to
eliminate direct access to arterial and collector roads.
(2) Frontage improvements to the public roadway(s) adjacent to the subject
property shall be completed to the current functional classification prior to recording
the short plat, unless security is provided under WCC 21.04.140.
(3) Roads and access easements that serve a short plat shall be constructed in
compliance with the Whatcom County Development Standards.
21.04.070 Public dedications.
The dedication of sites for schools, parks, and other public or community purposes
may be required to the extent that such dedication is suitable to and reasonable for
the needs anticipated by full development of the subdivision. Dedicated school sites
must meet the requirements of Chapter 246 -366 WAC.
21.04.080 Easements.
(1) Easements shall be provided where applicable for development - related facilities.
(2) All easements shown on short plats shall include:
(a) The beneficiary of the easement;
(b) The purpose of the easement; and
(c) A clear depiction of the easement (including dimensions) on the face of the
short plat.
(3) The owner may specify the burdening of the easement. Examples of burdening
may include the average daily trips for ingress and egress easements, the
equivalent single - family units for water, sewer, and on -site sewage disposal
systems and the maximum peak flow rate expressed in accepted units for drainage
easements. The owners of the subservient estates are not entitled to rely upon the
county to enforce the limitations of the easements so granted, and no cause of
action shall lie against the county for errors or omissions occurring in connection
with the administration of, or issuance of, permits for development of properties
that burden the easements referred to herein.
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
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(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 short 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) 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.
21.04.100 Sewage disposal.
(1) Within urban growth areas, public sewer shall be required in short subdivisions
unless the on -site sewage disposal requirements of WCC 24.05.210, Developments,
subdivisions, and minimum land area requirements, can be met.
(2) Outside of the urban growth area and small town Comprehensive Plan
designations, short subdivisions shall not be approved that require extension or
expansion of public sewer except when:
(a) Public sewer is necessary to protect the public health, safety or
environment; and
(b) Public sewer is financially supportable at rural densities and does not
permit urban development.
(3) On -site sewage disposal systems shall meet the requirements of WCC
24.05.210, Developments, subdivisions, and minimum land area requirements.
(4) All portions of a community on -site sewage system that are held in common
ownership shall be constructed and approved prior to final short plat approval.
21.04.110 Fire protection.
Short subdivisions shall incorporate adequate capability for fire protection in
accordance with sound engineering practices and locally adopted codes and
development standards and shall be approved by the county fire marshal.
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21.04.120 Short subdivision vacation and alteration.
Applications to vacate or alter short plats that have been filed with the county
auditor shall be processed as follows:
(1) Affidavit of Minor Correction of Survey. A professional land surveyor may file an
"affidavit of minor correction of survey" pursuant to WAC 332 - 130 -050 to correct
minor survey, spelling, mathematical or drafting errors or omitted signatures. The
surveyor shall file the affidavit of minor correction of survey with the county auditor
and provide one copy to the division of engineering and one copy to planning and
development services.
(2) Boundary Line Adjustments. Boundary line adjustments are processed under
WCC 21.03.060 and are not subject to the provisions of this section, except for
such adjustments that alter the boundaries of a reserve tract in the short plat.
(3) Alterations. The subdivision administrator shall issue a notice of preliminary
approval, issue a notice of additional requirements to obtain preliminary approval,
or deny the application provided that the alteration does not propose to eliminate
or reduce the width or length of a public dedication. Preliminary short subdivision
alteration approval is considered a final determination.
(a) Alterations are modifications to text, maps or other information shown on
the short plat that:
(i) May adversely impact public health, public safety, shorelines or critical
areas;
(ii) Change the density, modify the uses, or alter the basic design of the
short plat;
(iii) Create an additional lot(s) to a maximum of four within the short plat
pursuant to WCC 21.04.040;
(iv) Modify reserve tract boundaries;
(v) Modify reserve tract or cluster notes; or
(vi) Modify or extinguish an easement shown on the face of the short plat.
(b) The application shall include a written description of the alteration, the
reasons for the alteration, and a map showing the alteration. The map shall be
prepared in accordance with the requirements of the department's
administrative manual.
(c) The subdivision administrator shall approve the alteration if the alteration:
(i) Shall result in a lot(s) that qualifies as a valid land use pursuant to
Whatcom County Code, including but not limited to lot area, lot width,
building setbacks, critical areas protection or shorelines protection;
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(ii) Shall not cause boundary lines to cross zoning or UGA boundaries,
cross on -site sewage disposal systems or their reserve areas, prevent
suitable area for on -site sewage disposal systems, prevent adequate
access to water supplies, or not meet fire protection standards;
(iii) Will not detrimentally affect access, access design, sight distance,
grade, road geometry or other public safety and welfare concerns. The
alteration shall be reviewed by the department of health, public works,
and any other agency or department with expertise;
(iv) Complies with zoning, land division regulations and development
regulations applicable to the alteration that are in effect at the time the
application for the alteration was submitted; and
(v) Complies with development standards applicable to the alteration that
are in effect at the time the application for the alteration was submitted.
(d) A new original drawing is submitted. The original drawing shall be prepared
in accordance with the requirements of the department's administrative
manual and filed for record with the county auditor.
(4) Vacations - Not Involving Public Dedications. The subdivision administrator shall
approve, deny or issue a notice of requirements to continue processing a vacation
of a short plat that does not eliminate or reduce the width or length of a public
dedication.
(a) The application shall include a written description of the vacation, the
reasons for the vacation, and a map showing the vacation.
(b) The subdivision administrator shall approve the vacation if the vacation
does not conflict with the public interest.
(c) An order of vacation containing the signatures of all parties having an
ownership interest in the short plat or the portion of the short plat being
vacated shall be filed for record with the county auditor. The order shall state
that the vacation is with the free consent and in accordance with the desires of
the owners.
(d) Title to the vacated property shall vest with the rightful owner(s) as shown
in the county records.
(5) Vacations - Involving Public Dedications. The vacation and alteration of a short
subdivision shall be processed in accordance with RCW 58.17.212 and 58.17.215,
respectively, when the alteration or vacation eliminates or reduces the width or
length of a public dedication.
21.04.130 Land survey.
The applicant shall submit a short plat prepared and certified by a professional land
surveyor in accordance with the department's administrative manual. (Ord. 2009-
007 § 1).
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21.04.140 Security.
As an alternate to complete installation of required improvements, the subdivider
may elect to post securities, with the approval of the appropriate county authority,
as set forth in the Whatcom County Development Standards guaranteeing
completion of the work. No occupancy permit, final inspection, or use of the lot(s)
created by a short subdivision shall be issued or allowed until all necessary
infrastructure improvements as specified by this title have been met.
21.04.150 Reserved.
21.04.160 Reserved.
21.04.170 Disclosures and notes.
The following disclosures and notes, if applicable, shall be recorded in the county
auditor's office and a statement identifying the subject and the auditor's file
number, if applicable, for each such instrument shall be on the final short plat map
prior to final approval by the county:
(1) Right to farm, right to practice forestry, mineral resource disclosures.
(2) Critical area notes and protective easement as required.
(3) Boundary discrepancies.
(4) Drainage maintenance agreement block.
(5) Road maintenance agreement block (private roads only).
(6) Significant pipeline in vicinity disclosure when the subject property is within 500
feet of a pipeline shown on Map 5 -2, Chapter 5 of the Whatcom County
Comprehensive Plan.
21.04.180 Agricultural short plat.
The provisions of WCC 20.40.253 and 20.40.254 provide for the segregation of a
farmstead parcel with an existing residence(s) from a remainder parcel used for
farming in the Agriculture Zone. The remainder parcel is restricted to agricultural
use only. Because no further residential development can occur on the remainder
parcel and an existing residential structure is already on the farmstead parcel,
many of the standard short plat requirements are unnecessary. Therefore, a
shortened review process has been established.
Agricultural short plats that qualify under WCC 20.40.253 and 20.40.254 shall be
subject to the following:
(1) Agricultural short plats that recognize an existing farmstead home site shall be
processed pursuant to all the requirements of this chapter except that the short
plat will not be reviewed for compliance with:
(a) WCC 21.04.060 (Roads);
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(b) WCC 21.04.090 (Water supply), when the remainder parcel will not require
potable water;
(c) WCC 21.04.100 (Sewage disposal);
(d) WCC 21.04.130 (Land survey);
(e) Chapter 16.16 WCC (Critical Areas); and
(f) Shoreline master program.
(2) Any subsequent development must comply with all applicable codes.
(3) Survey Requirements - Partial. A survey, prepared by a professional land
surveyor in accordance with the department's administrative manual, which
provides the location of at least two corners of the farmstead parcel shall be
submitted. A survey is not required for the remainder parcel that cannot have
further residential development.
Chapter 21.05
PRELIMINARY LONG SUBDIVISIONS
Sections:
21.05.010
Purpose.
21.05.020
Requirement to obtain long subdivision approval.
21.05.030
Preliminary long subdivision procedure.
21.05.031
Pre - application meeting.
21.05.032
Preliminary long subdivision application submittal.
21.05.033
Determination of completeness and vesting.
21.05.035
Reserved.
21.05.036
Preliminary Approval Decision Criteria.
21.05.037
Hearing examiner notice, hearing and decision.
21.05.038
Reserved.
21.05.039
Phasing, expiration and time extension for preliminary
long subdivision approval.
21.05.040
Development requirements.
21.05.050
Roads.
21.05.060
Public and community sites.
21.05.070
Easements.
21.05.080
Water supply.
21.05.090
Sewage disposal.
21.05.100
Fire protection.
21.05.110
Modifications to approved preliminary long plats.
21.05.120
Reserved.
21.05.010 Purpose.
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The purpose of this chapter is to establish or reference the procedure and
requirements for the application, review and approval of subdivisions, also referred
to as long subdivisions. The procedure is intended to provide orderly and
expeditious processing of such applications.
21.05.020 Requirement to obtain long subdivision approval.
All divisions of land into five or more parcels shall require long subdivision approval
from Whatcom County unless:
(1) The division is specifically classified as an exemption under Chapter 21.01 WCC;
or
(2) The division has received binding site plan approval.
21.05.030 Preliminary long subdivision procedure.
Long subdivision applications shall be processed in accordance with WCC 22.05,
except as otherwise stated in this chapter.
21.05.031 Pre - application meeting.
Pre - Application Meeting Required pursuant to WCC 22.05. Any person
contemplating preparation of a preliminary long subdivision application shall submit
information required in the department's administrative manual.
21.05.032 Preliminary long subdivision application submittal.
An applicant requesting approval based on the pre - application meeting response of
a proposed preliminary subdivision shall submit to the planning and development
services department all of the items required in WCC 22.05, the notice of site -
specific submittal requirements and the department's administrative manual.
21.05.033 Reserved.
21.05.035 Reserved.
21.05.036. Preliminary Approval Decision Criteria.
The subdivision administrator shall prepare a final staff report (including all
recommendations and all proposed conditions of approval) and submit it in written
form to both the applicant and the Whatcom County hearing examiner. The report
shall evaluate the application in terms of the following standards and criteria:
1. Open spaces;
2. Drainage ways and stormwater management;
3. Streets or roads, pedestrian and bicycle paths, alleys, other public ways,
transit stops, and other transportation facilities as required by concurrency
standards;
4. Potable water supplies;
5. Sanitary wastes;
6. Parks and recreation facilities and playgrounds;
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7. Schools and schoolgrounds, including sidewalks and other planning features
that assure safe walking conditions for students who walk to and from
school;
8. Conformity with the Whatcom County Comprehensive Plan;
9. Conformity with applicable land division, zoning and development standards;
10.Conformity with critical areas, shoreline management, other land use
regulations;
11.Conformity with Chapter 58.17 RCW; and
12.A summary finding that the public health, safety, general welfare, use and
public interest will be served by the platting of such subdivision and
dedication.
21.05.037 Hearing examiner notice, hearing and decision of preliminary
approval.
The hearing examiner shall schedule and hold an open record hearing, review the
application and make a decision in accordance with the provisions of WCC 22.05.
21.05.038 Reserved.
21.05.039 Phasing, expiration and time extension for preliminary long
subdivision approval.
(1) Except as provided by subsection (1)(a) of this section, a final plat shall be
submitted to the subdivision administrator in proper form for final plat approval
within seven years of the date of preliminary plat approval if the date of preliminary
plat approval is on or before December 31, 2014, and within five years of the date
of preliminary plat approval if the date of preliminary plat approval is on or after
January 1, 2015.
(a) A final plat shall be submitted in proper form for final plat approval within
10 years of the date of preliminary plat approval if this project is not subject
to requirements adopted under Chapter 90.58 RCW and the date of
preliminary plat approval is on or before December 31, 2007.
(2) Extension of Time for Submittal of Final Long Subdivision. The expiration of a
preliminary long subdivision approval may be extended under the following
provisions:
(a) An applicant files a written request with the subdivision administrator
prior to expiration of the five -year expiration period. The request shall state
the specific work items, standards, and criteria which have not been
completed and the reasons therefor. The request shall also indicate when the
work will be completed within the requested period. The subdivision
administrator shall review the request and provide a recommendation to the
hearing examiner.
(b) The hearing examiner shall have authority to grant one one -year
extension subsequent to the original preliminary plat approval.
(c) The one -year extension may be granted if, after taking into consideration
technical, economic and other matters beyond the control of the applicant,
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the hearing examiner finds that there is reasonable justification for the
granting of an extension.
(d) In granting the one -year extension the hearing examiner shall take into
consideration such changes in rules, regulations, ordinances, or development
standards, or portions thereof, that have occurred since the time the original
approval was granted.
(e) The hearing examiner may condition the extension so as to require
compliance with any such subsequently adopted rules, regulations,
ordinances, or development standards, or portion thereof, that are deemed
necessary to protect the public health, safety and welfare.
(3) Phased Subdivision. An applicant may seek approval of a phasing plan at the
time of preliminary subdivision approval. If phasing is approved as part of a
preliminary subdivision, the phasing plan shall expire 10 years from the date of
preliminary approval. Each phase submitted after five years from the date of
preliminary approval shall comply with the rules, regulations and ordinances in
effect as of the date construction plans are submitted for each phase.
21.05.040 Development requirements.
(1) All subdivisions shall comply with the applicable standards, requirements and
procedures of the Whatcom County Development Standards and local, state, and
federal laws and regulations. The county, to the extent practicable, will require new
land divisions located within city urban growth areas to conform to city
development standards, in accordance with adopted ordinances.
(2) Improvements are required to be installed and completed by the subdivider
prior to final subdivision approval, unless security is provided under WCC
21.06.040.
(3) Improvements and other requirements shall be provided to the extent that each
phased subdivision will be adequately served by all roads, utilities, drainage
facilities, easements and other amenities necessary to its existence in the event
that subsequent phases are not completed, except on -site septic systems do not
have to be installed unless required by the health officer.
21.05.050 Roads.
Roads shall be designed with appropriate consideration for existing and projected
roads, anticipated traffic patterns, topographic and drainage conditions, public
convenience and safety, and the proposed uses of the land served.
(1) Dedications for the realignment and widening of the adjacent rights -of -way, in
accordance with county standards, shall take place whenever a subdivision abuts a
county road. Frontage roads or parallel access roads may be required to eliminate
direct access to arterial and collector roads.
(2) Frontage improvements to the public roadway(s) adjacent to the subject
property shall be completed to the current functional classification prior to recording
the final plat, unless security is provided under WCC 21.06.040.
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(3) Minor and local access roads should discourage through traffic.
(4) All subdivisions and phased subdivisions shall abut and be accessed by a
constructed and maintained public road or a private road as allowed under the
Whatcom County Development Standards. The number of access points shall create
efficient on- and off -site circulation patterns and facilitate emergency response. A
traffic analysis may be required by the county engineer in order to analyze present
and future traffic circulation patterns to determine the appropriate location and
number of access points to the site and to ascertain the appropriate classification
and character of the proposed roads.
(5) Where reasonably necessary to join with existing roads or needed for future
circulation, road rights -of -way and /or easements shall be extended to the outside
boundaries of the subdivision.
(6) Public road rights -of -way and /or easements shall be extended to the boundaries
of subdivisions that abut public lands and public bodies of water, if requested by the
administrator of said public lands. Such access roads need not be provided at an
interval more frequent than one -half mile.
(7) Private roads may be permitted in a subdivision when in compliance with the
Whatcom County Development Standards.
21.05.060 Public and community sites.
The dedication of sites for schools, parks, and other public or community purposes
may be required to the extent that such dedication is suitable to and reasonable for
the needs anticipated by full development of the subdivision. Dedicated school sites
must meet the requirements of Chapter 246 -366 WAC.
21.05.070 Easements.
(1) Easements shall be provided where applicable for development - related facilities.
(2) All easements shown on long plats shall include:
(a) The beneficiary of the easement;
(b) The purpose of the easement; and
(c) A clear depiction of the easement (including dimensions) on the face of
the long plat.
(3) The owner may specify the burdening of the easement. Examples of burdening
may include the average daily trips for ingress and egress easements, the
equivalent single - family units for water, sewer, and on -site sewage disposal
systems and the maximum peak flow rate expressed in accepted units for drainage
easements. The owners of the subservient estates are not entitled to rely upon the
county to enforce the limitations of the easements so granted, and no cause of
action shall lie against the county for errors or omissions occurring in connection
with the administration of or issuance of permits for development of properties that
burden the easements referred to herein.
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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
(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) exist to serve the
subdivision, except when water withdrawal is exempt from obtaining a water right
permit under RCW 90.44.050.
(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.
21.05.090 Sewage disposal.
(1) Within urban growth areas, public sewer shall be required in subdivisions unless
the on -site sewage disposal requirements of WCC 24.05.210, Developments,
subdivisions, and minimum land area requirements, can be met.
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(2) Outside of the urban growth area and small town Comprehensive Plan
designations, subdivisions shall not be approved that require extension or
expansion of public sewer except when:
(a) Public sewer is necessary to protect the public health, safety or
environment; and
(b) Public sewer is financially supportable at rural densities and does not
permit urban development.
(3) On -site sewage disposal systems shall meet the requirements of WCC
24.05.210, Developments, subdivisions, and minimum land area requirements.
(4) All portions of a community on -site sewage system that are held in common
ownership shall be constructed and approved prior to final plat approval.
21.05.100 Fire protection.
Long subdivisions shall incorporate adequate capability for fire protection in
accordance with sound engineering practices and locally adopted codes and
development standards and shall be approved by the county fire marshal.
21.05.110 Modifications to approved preliminary long plats.
(1) The technical review committee may approve minor changes to a preliminary
long plat. In order to qualify as a minor change, the proposal must not adversely
impact neighbors or the environment, and the density, uses and basic design of the
approved preliminary long plat must be maintained.
(2) The hearing examiner or county council, whichever approved the original
preliminary long plat, may approve major changes to the plat. Major changes are
those that, in the opinion of the technical review committee, would adversely
impact neighbors or the environment, alter the density, alter the uses, or alter the
basic design of the preliminary long plat. The SEPA official shall review major
changes and determine whether the original SEPA determination is still valid or a
new determination required. The hearing examiner or county council shall hold a
public hearing prior to issuing the decision. The appropriate city shall be notified of
the request and given the opportunity to comment on major changes, if the land
division is located within that city's urban growth area.
21.05.120 Reserved.
Chapter 21.06
FINAL LONG SUBDIVISIONS
Sections:
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21.06.010
Purpose.
21.06.015
Director authorized.
21.06.020
Final approval of subdivisions.
21.06.030
Subdivision vacation and alteration.
21.06.040
Security.
21.06.050
Reserved.
21.06.060
Reserved.
21.06.070
Disclosures and notes.
21.06.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and
requirements for the application, review and approval of final long subdivisions. The
procedure is intended to provide orderly and expeditious processing of such
applications.
21.06.015 Director authorized.
The planning and development services director (director) is authorized to act on
behalf of the legislative authority or county council in the signing of final subdivision
plats pursuant to the requirements set forth in this chapter.
21.06.020 Final approval of subdivisions.
(1) An applicant requesting final approval of a subdivision shall submit to the
subdivision administrator copies of the materials specified in the department's
administrative manual.
(2) The applicant shall submit a current title report issued no more than 60 days
prior to the director signing the final plat original drawing. The owner of record and
the surveyor of record shall sign the final plat original drawing prior to filing it for
record with the county auditor. In addition, the applicant shall submit one paper
copy to the county assessor.
(3) Each final plat submitted to the director for approval shall be accompanied by a
recommendation for approval or disapproval from the subdivision administrator as
to compliance with the terms of preliminary plat approval. Prior to making his or
her recommendation, the subdivision administrator should consult with the
appropriate city, if the proposed land division is located within that city's urban
growth area.
(4) Final plats shall contain a statement of approval from the following:
(a) The county engineer as to the layout of streets, alleys, and other rights -of-
way, and the design of bridges, sanitary sewer and water systems, drainage
and surface water management facilities, and other physical improvements
required by the conditions of preliminary plat approval;
(b) The county treasurer stating that all taxes and delinquent assessments for
which the property may be liable as of the date of certification have been duly
paid, satisfied, or discharged;
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(c) The county health and human services department as to the adequacy of
potable water supply and sewage disposal; and
(d) The director stating that the final plat conforms to all terms of the
preliminary subdivision approval, meets the requirements of Chapter 58.17
RCW and other applicable state laws, and meets the requirements of this title
that were in effect at the time of vesting of the preliminary plat application.
(5) Final plats shall be approved, disapproved, or returned to the applicant for
modification or correction within 30 calendar days of submittal to the planning and
development services department.
(6) The Whatcom County auditor shall not accept a final plat for filing until it has
been accepted by the approving authorities as indicated on the instrument by the
appropriate signature. The signature of the approving authorities shall not be
affixed until the developer has posted the guarantees as stipulated in the
appropriate standards.
(7) After approval by the director, the original drawing of the subdivision shall
immediately be filed by the professional land surveyor of record with the county
auditor.
21.06.030 Subdivision vacation and alteration.
(1) The vacation and alteration of subdivisions shall be in accordance with RCW
58.17.212 and 58.17.215, respectively.
(2) Alteration of subdivisions shall meet the following requirements:
(a) The alteration shall result in a lot(s) that qualifies as a valid land use
pursuant to Whatcom County Code, including but not limited to lot area, lot
width, building setbacks, critical areas protection or shorelines protection;
(b) The alteration shall not cause boundary lines to cross zoning or UGA
boundaries, cross on -site sewage disposal systems or their reserve areas,
prevent suitable area for on -site sewage disposal systems, prevent adequate
access to water supplies, or not meet fire protection standards;
(c) The alteration will not detrimentally affect access, access design, sight
distance, grade, road geometry or other public safety and welfare concerns.
The alteration shall be reviewed by the department of health, public works,
and any other agency or department with expertise;
(d) Complies with zoning, land division regulations and development
regulations applicable to the alteration that are in effect at the time the
application for the alteration was submitted; and
(e) Complies with development standards applicable to the alteration that are
in effect at the time the application for the alteration was submitted.
(3) Vacation of subdivisions shall meet the following requirements:
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(a) The application shall include a written description of the vacation, the
reasons for the vacation, and a map showing the vacation.
(b) The vacation shall be approved if the vacation does not conflict with the
public interest.
(c) An order of vacation containing the signatures of all parties having an
ownership interest in the plat or the portion of the plat being vacated shall be
filed for record with the county auditor. The order shall state that the vacation
is with the free consent and in accordance with the desires of the owners.
(d) Title to the vacated property shall vest with the rightful owner(s) as shown
in the county records.
(e) Vacations - Involving Public Dedications. The vacation and alteration of a
subdivision shall be processed in accordance with RCW 58.17.212 and
58.17.215, respectively, when the alteration or vacation eliminates or reduces
the width or length of a public dedication.
(4) A new original drawing shall be submitted for approved alterations or vacations.
The original drawing shall be prepared in accordance with the requirements of the
department's administrative manual and filed for record with the county auditor.
21.06.040 Security.
As an alternate to complete installation of required improvements, the applicant
may elect to post securities, with the approval of the appropriate county authority,
as set forth in the Whatcom County development standards and WCC Title 20,
guaranteeing completion of the work. No occupancy permit, final inspection, or use
of the lot(s) created by a subdivision shall be issued or allowed until all necessary
infrastructure improvements as specified by this title have been met.
21.06.050 Reserved.
21.06.060 Reserved.
21.06.070 Disclosures and notes.
The following disclosures and notes, if applicable, shall be recorded in the county
auditor's office and a statement identifying the subject and the auditor's file
number for each such instrument shall be on the final plat map under surveyor's
notes prior to final approval by the county:
(1) Right to farm, right to practice forestry, or mineral resource disclosures.
(2) Critical area notes and protective easements as required.
(3) Boundary discrepancies.
(4) Drainage maintenance agreement block.
(5) Road maintenance agreement block (private roads only).
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(6) Significant pipeline in vicinity disclosure when the subject property is within 500
feet of a pipeline shown on Map 5 -2, Chapter 5 of the Whatcom County
Comprehensive Plan.
Chapter 21.07
PRELIMINARY BINDING SITE PLANS
Sections:
21.07.010 Purpose.
21.07.020 Binding site plan alternative.
21.07.030 Binding site plan procedure.
21.07.031 Pre - application meeting.
21.07.032 Preliminary approval decision criteria.
21.07.033 Phasing, expiration and time extensions for preliminary
binding site plan approval.
21.07.040 Development requirements.
21.07.050 Roads.
21.07.060 Public and community sites.
21.07.070 Easements.
21.07.080 Water supply — Health requirement.
21.07.090 Sewage disposal.
21.07.100 Fire protection.
21.07.110 Modifications to approved preliminary binding site plans.
21.07.120 Reserved.
21.07.130 Reserved.
21.07.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and
requirements for the application, review and approval of preliminary binding site
plans. The procedure is intended to provide orderly and expeditious processing of
such applications.
21.07.020 Binding site plan alternative.
As an alternative to applying for short subdivision or long subdivision approval, an
application for binding site plan approval may be submitted for the following:
(1) Land divisions into lots zoned for industrial or commercial use;
(2) Land divisions for the purpose of creating lease spaces in a mobile home park or
RV park when no other residential structures are permitted; and
(3) Land divisions that result from subjecting a portion of a lot to condominium
ownership as provided in Chapter 64.32 or 64.34 RCW.
21.07.030 Binding site plan procedure.
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Binding Site Plan applications shall be processed in accordance with WCC 22.05,
except as otherwise stated in this chapter.
21.07.031 Pre - application meeting.
Pre - application meeting required pursuant to WCC 22.05. Any person contemplating
preparation of a preliminary binding site plan application shall submit information
required in the department's administrative manual.
21.07.032 Preliminary Approval Decision Criteria.
Approval of a preliminary binding site plan shall be accompanied by written findings
that:
(1) Appropriate provisions have been made for the public health, safety, and
general welfare and for such open spaces, drainage ways, stormwater
management, streets or roads, pedestrian and bicycle paths, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and schoolgrounds and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school, and the public use and interest will be
served by the platting of such binding site plan and dedication; and
(2) The proposal is in conformity with applicable land division, zoning, critical areas,
shoreline management, and other land use regulations.
21.07.033 Phasing, expiration and time extensions for preliminary binding
site plan approval.
(1) Approval of a preliminary binding site plan shall become invalid unless a general
binding site plan and all specific binding site plans are submitted in proper form for
approval, within five years of the date of preliminary binding site plan approval.
This expiration date may be extended as follows:
(a) An applicant files a written request with the subdivision administrator
prior to expiration of the five -year expiration period. The request shall state
the specific work items, standards, and criteria which have not been
completed and the reasons therefor. The request shall also indicate when the
work will be completed within the requested period. The subdivision
administrator shall review the request and provide a recommendation to the
hearing examiner.
(b) The hearing examiner shall have authority to grant one one -year
extension subsequent to the original preliminary plat approval.
(c) The one -year extension may be granted if, after taking into consideration
technical, economic and other matters beyond the control of the applicant,
the hearing examiner finds that there is reasonable justification for the
granting of an extension.
(d) In granting the one -year extension the hearing examiner shall take into
consideration such changes in rules, regulations, ordinances, or development
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standards, or portions thereof, that have occurred since the time the original
approval was granted.
(e) The hearing examiner may condition the extension so as to require
compliance with any such subsequently adopted rules, regulations,
ordinances, or development standards, or portion thereof, that are deemed
necessary to protect the public health, safety and welfare.
(2) As an alternative to being subject to the expiration and time extension rules in
subsection (1) of this section, an applicant may seek approval of a phasing plan at
the time of preliminary binding site plan approval. A preliminary binding site plan
that has been approved with a phasing plan shall expire 10 years from the date of
preliminary approval unless Whatcom County establishes a different expiration
period at the time of preliminary approval. Each phase submitted after five years
from the date of preliminary approval shall comply with the rules, regulations and
ordinances in effect as of the date construction plans are submitted for each phase.
21.07.040 Development requirements.
(1) All binding site plans shall comply with the applicable standards, requirements
and procedures of the Whatcom County Development Standards and local, state,
and federal laws and regulations. The county, to the extent practicable, will require
new land divisions located within city urban growth areas to conform to city
development standards, in accordance with adopted interlocal agreements.
(2) Improvements are required to be installed and completed by the subdivider
prior to general or specific binding site plan approval, unless security is provided
under WCC 21.08.030.
(3) Improvements and other requirements shall be provided to the extent that each
specific binding site plan will be adequately served by all roads, utilities, drainage
facilities, easements and other amenities necessary to its existence in the event
that subsequent phases are not completed.
21.07.050 Roads.
Roads shall be designed with appropriate consideration for existing and projected
roads, anticipated traffic patterns, topographic and drainage conditions, public
convenience and safety, and the proposed uses of the land served.
(1) Dedications for the realignment and widening of the adjacent rights -of -way, in
accordance with county standards, shall take place whenever a binding site plan
abuts a county road. Frontage roads or parallel access roads may be required to
eliminate direct access to arterial and collector roads.
(2) Frontage improvements to the public roadway(s) adjacent to the subject
property shall be completed to the current functional classification prior to recording
the general or specific binding site plan, unless security is provided under WCC
21.08.030.
(3) Minor and local access roads should discourage through traffic.
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(4) All binding site plans shall abut and be accessed by a constructed and
maintained public road or a private road as allowed under the Whatcom County
Development Standards. The number of access points shall create efficient on- and
off -site circulation patterns and facilitate emergency response. A traffic analysis
may be required by the county engineer in order to analyze present and future
traffic circulation patterns to determine the appropriate location and number of
access points to the site, and to ascertain the appropriate classification and
character of the proposed roads.
(5) Where reasonably necessary to join with existing roads or needed for future
circulation, road rights -of -way and /or easements shall be extended to the outside
boundaries of the binding site plan.
(6) Public road rights -of -way and /or easements shall be extended to the boundaries
of binding site plans that abut public lands and public bodies of water, if requested
by the administrator of said public lands. Such access roads need not be provided
at an interval more frequent than one -half mile.
(7) Private roads may be permitted in a binding site plan when in compliance with
the Whatcom County Development Standards.
21.07.060 Public and community sites.
The dedication of sites for schools, parks, and other public or community purposes
may be required to the extent that such dedication is suitable to and reasonable for
the needs anticipated by full development of the binding site plan. Dedicated school
sites must meet the requirements of Chapter 246 -366 WAC.
21.07.070 Easements.
(1) Easements shall be provided where applicable for development related facilities.
(2) All easements shown on binding site plans shall include:
(a) The beneficiary of the easement;
(b) The purpose of the easement; and
(c) A clear depiction of the easement (including dimensions) on the face of the
binding site plan.
(3) The owner may specify the burdening of the easement. Examples of burdening
may include the average daily trips for ingress and egress easements, the
equivalent single - family units for water, sewer, and on -site sewage disposal
systems, and the maximum peak flow rate expressed in accepted units for drainage
easements. The owners of the subservient estates are not entitled to rely upon the
county to enforce the limitations of the easements so granted, and no cause of
action shall lie against the county for errors or omissions occurring in connection
with the administration of, or issuance of, permits for development of properties
that burden the easements referred to herein.
21.07.080 Water supply — Health requirement.
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(1) Water from a public water system(s) shall be provided to serve each lot or lease
space in a binding site plan.
(2) The applicant shall demonstrate that adequate water right(s) exist to serve the
binding site plan, except when water withdrawal is exempt from obtaining a water
right permit under RCW 90.44.050.
(3) If a group B public water system is created to serve the binding site plan, the
number of wells shall be limited to the minimum needed to serve the water needs
of the binding site plan as determined by the health department.
(4) All 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
specific binding site plan approval.
21.07.090 Sewage disposal.
(1) Within urban growth areas, public sewer shall be required in binding site plans
unless the on -site sewage disposal requirements of WCC 24.05.220, Developments,
subdivisions, and minimum land area requirements, can be met.
(2) Outside of urban growth area and small town Comprehensive Plan designations,
binding site plans shall not be approved that require extension or expansion of
public sewer except when:
(a) Public sewer is necessary to protect the public health, safety or
environment; and
(b) Public sewer is financially supportable at rural densities and does not
permit urban development.
(3) On -site sewage disposal systems shall meet the requirements of WCC
24.05.220, Developments, subdivisions, and minimum land area requirements.
(4) All portions of a community on -site sewage system that are held in common
ownership shall be constructed and approved prior to specific binding site plan
approval.
21.07.100 Fire protection.
Binding site plans shall incorporate adequate capability for fire protection in
accordance with sound engineering practices and locally adopted codes and
development standards and shall be approved by the county fire marshal.
21.07.110 Modifications to approved preliminary binding site plans.
(1) The technical review committee may approve minor changes to a preliminary
binding site plan. In order to qualify as a minor change, the proposal must not
adversely impact neighbors or the environment, and the density, uses and basic
design of the approved preliminary binding site plan must be maintained.
(2) The hearing examiner or county council, whichever approved the original
preliminary binding site plan, may approve major changes to the binding site plan.
Major changes are those that, in the opinion of the technical review committee,
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would adversely impact neighbors or the environment, alter the density, alter the
uses or alter the basic design of the preliminary binding site plan. The SEPA official
shall review major changes and determine whether the original SEPA determination
is still valid or a new determination required. The hearing examiner or county
council shall hold a public hearing prior to issuing the decision. The appropriate city
shall be notified of the request and given the opportunity to comment on major
changes, if the land division is located within that city's urban growth area.
21.07.120 Reserved.
21.07.130 Reserved.
Sections:
21.08.010
21.08.020
21.08.030
21.08.040
21.08.050
21.08.060
21.08.070
Chapter 21.08
GENERAL AND SPECIFIC BINDING SITE PLANS
Purpose.
Final approval of general and specific binding site plans.
Security.
Binding site plan vacation and alteration.
Reserved.
Reserved.
Disclosures and notes.
21.08.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and
requirements for the application, review and approval of general and specific
binding site plans. The procedure is intended to provide orderly and expeditious
processing of such applications.
21.08.020 Final approval of general and specific binding site plans.
(1) An applicant requesting final approval of a general and /or specific binding site
plan shall submit to the administrative official copies of the materials specified in
the department's administrative manual. The request shall be accompanied by a
statement from the county engineer that Whatcom County has accepted as
complete all on -site and off -site improvements required by the conditions of
preliminary binding site plan approval, or has received cost estimates and
performance guarantees to assure completion thereof.
(2) The applicant shall submit a current title report issued no more than 60 days
prior to the director signing the general or specific binding site plan original
drawing. The owner of record and the surveyor of record shall sign the general or
specific binding site plan original drawing prior to filing it for record with the county
auditor.
(3) The general binding site plan that will be filed with the county auditor shall
contain a statement of approval from the following:
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(a) The county engineer as to the layout of streets, alleys, and other rights -of-
way, and the design of bridges, drainage and surface water management
facilities, and other physical improvements required by the conditions of
preliminary binding site plan approval;
(b) The county treasurer stating that all taxes and delinquent assessments for
which the property may be liable as of the date of certification have been duly
paid, satisfied, or discharged;
(c) The county health and human services department as to the adequacy of
potable water supply and sewage disposal; and
(d) The director stating that the general binding site plan conforms to all terms
of the preliminary binding site plan approval, the requirements of Chapter
58.17 RCW and other applicable state laws, and meets the requirements of
this title that were in effect at the time of vesting of the preliminary binding
site plan application.
(4) Each specific binding site plan shall contain a statement of approval from the
following:
(a) The county engineer as to the layout of streets, alleys, and other rights -of.
way, and the design of bridges;
(b) The county treasurer stating that all taxes and delinquent assessments for
which the property may be liable as of the date of certification have been duly
paid, satisfied, or discharged;
(c) The county health and human services department as to the adequacy of
potable water supply and sewage disposal; and
(d) The director stating that the specific binding site plan conforms to all terms
of approval of the preliminary and general binding site plan, the requirements
of Chapter 58.17 RCW and other applicable state laws, and meets the
requirements of this title that were in effect at the time of vesting of the
preliminary binding site plan application.
(5) General and specific binding site plans shall be approved, disapproved, or
returned to the applicant with corrections within 30 days of submittal to the county,
unless the applicant consents to an extension of such time period.
(6) The Whatcom County auditor shall not accept a binding site plan for filing until
the approving authorities have approved it, as indicated on the instrument by the
appropriate signature. The signature of the approving authorities shall not be
affixed until the developer has posted the guarantees as stipulated in the
appropriate standards.
(7) After approval, one original drawings of the general or specific binding site plan
shall immediately be filed by the professional land surveyor of record with the
county auditor.
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21.08.030 Security.
As an alternate to complete installation of required improvements, the applicant
may elect to post securities, with the approval of the appropriate county authority,
as set forth in the Whatcom County Development Standards guaranteeing
completion of the work. No occupancy permit, final inspection, or use of the lot(s)
created by a binding site plan shall be issued or allowed until all necessary
infrastructure improvements as specified by this title have been met.
21.08.040 Binding site plan vacation and alteration.
The vacation and alteration of a binding site plan shall be processed in accordance
with RCW 58.17.212 and 58.17.215, respectively, when the vacation or alteration
involves a public dedication. Other vacations and alterations shall be approved by
the hearing examiner, except for alterations to lot lines, which may be
accomplished through the boundary line adjustment process.
21.08.050 Reserved.
21.08.060 Reserved.
21.08.070 Disclosures and notes.
The following disclosures and notes, if applicable, shall be recorded in the county
auditor's office and a statement identifying the subject and the auditor's file
number for each such instrument shall be on the general binding site plan and each
specific binding site plan original drawing under surveyor's notes prior to final
approval by the county:
Right to farm, right to practice forestry, mineral resource disclosures.
Critical area notes.
Boundary discrepancies.
Protective covenants, conditions and restrictions.
p —� Drainage maintenance agreement block.
Road maintenance agreement block (private roads only).
Latecomers' agreements.
Significant pipeline in vicinity disclosure when the subject property is within 500
feet of a pipeline shown on Map 5 -2, Chapter 5 of the Whatcom County
Comprehensive Plan.
Chapter 21.09
Reserved
Chapter 21.10
Definitions
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21.10.020 Definitions.
(24) "Party of record" means any person, agency or entity entitled to receive notice
of application or decision under this title, or any person, agency or entity providing
written comments on any application received under this title, or any person,
agency or entity providing written comments on any application received under this
title or notified local government of their desire to receive a copy of the final
decision on a permit and who have provided an address for delivery of such notice
by mail or email.
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