HomeMy WebLinkAboutord2019-057strike• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2019-316
File ID: AB2019-316 Version: 1 Status: Adopted
File Created: 05/20/2019 Entered by: CStrong@co.whatcom.wa.us
Department: Planning and File Type: Ordinance
Development Services
Department
Assigned to: Council Final Action: 07/23/2019
Agenda Date: 07/23/2019 Enactment #: ORD 2019-057
Primary Contact Email: cstrong&o.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending WCC Chapters 20.51 and 20.71 pertaining to tree removal permit procedures,
and Chapter 23.10 updating the referenced Critical Areas Ordinance in the Shoreline Management
Program
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed ordinance amending WCC Chapters 20.51 and 20.71 pertaining to tree removal permit
procedures, and Chapter 23.10 updating the referenced Critical Areas Ordinance in the Shoreline
Management Program
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
06/18/2019 Council
INTRODUCED FOR PUBLIC Council
HEARING
Notes:
Vote: 5-1, Brenner opposed, Buchanan absent
07/09/2019 Council
HELD IN COUNCIL Council
Notes:
Vote: 6-0, Byrd absent
07/23/2019 Council
ADOPTED
Notes:
Vote: 5-0-2, Brenner and Donovan abstained, Ordinance 2019-057
Whatcom County Page 1 Printed on 712412019
Agenda Bill Master Report Continued (A82019-316)
Attachments: Memo, Staff Report, Proposed Ordinance, Exhibit A, Amendments
Whatcom County Page 2 Printed on 712412019
PROPOSED BY:
INTRODUCTION DATE: 6/18/2019
ORDINANCE NO. 2019-057
PROPOSED AMENDMENTS TO WHATCOM COUNTY CODE TITLES 20 (CHAPTERS 20.51 AND 20.71)
PERTAINING TO TREE REMOVAL PERMIT PROCEDURES AND 23 (CHAPTER 23.10) UPDATING THE
REFERENCED CRITICAL AREAS ORDINANCE
WHEREAS, Whatcom County Planning and Development Services has proposed amendments to
Whatcom County Code Titles 20 and 23; and,
WHEREAS, Whatcom County Council adopted ORD2019-013 on February 12, 2019 which
amended various sections of the Whatcom County Code to improve implementation of the County
Code. Included in these amendments were clarifications to tree canopy retention requirements in Lake
Whatcom, Lake Samish, and Lake Padden watersheds and creating a single definition of hazard tree in
Title 20, Chapter 16.16 (Critical Area Ordinance) and removing a duplicate definition in Title 23; 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 to amend
Whatcom County Code Titles 20 (Chapters 20.51 and 20.71) pertaining to tree removal permit
procedures and 23 (Chapter 23.110) updating the referenced Critical Areas Ordinance.
2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on May 2, 2019, 2018.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on April 29, 2019.
4. The Planning Commission held a public hearing on the proposed amendments on May 9, 2019,
notice of which was published in the Bellingham Herald.
5. The Planning Commission recommended approval of the amendments.
6. The County Council held a public hearing on the proposed amendments on June 18, 2019, notice of
which was published in the Bellingham Herald.
7. The proposed amendments are consistent with the Comprehensive Plan's goal 10H and its policies
regarding stormwater management.
8. The proposed amendments are necessary to implement the Council's intent to protect significant
trees and tree canopy within our Watershed Resource Protection Overlay districts (Lakes Whatcom,
Padden, and Samish) as part of the County's stormwater management strategy and comply with the
County's NPDES Phase II permit.
CONCLUSIONS
1. The amendments to the development regulations are in the public interest.
Page 1 of 2
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
Section 2. The Director of Planning and Development Services will forward the amendment to
Chapters 23.10 to the Department of Ecology for review and approval pursuant WAC 173-26-100.
ADOPTED this 23rd day of July , 2019.
WHATCPM- C
WHATtO.�VI�CC) k! 1/ dNATON
ATTf STD % C ()v3"J o_
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Dana `$town Davis, council Clerk
APPROVED as to form:
Ci ecutor
Jack
Date:
Page 2 of 2
( ) Denied
Exhibit A: Tree Canopy Retention Permit
Procedures and Shoreline Management Plan
CAO Reference Date Change Amendments
Proposed amendments to Whotcom County Code Titles 20 (Chapters 20.51 and
20.71) pertaining to tree retention and 23 (Chapter 23.10) adopting the February
12, 2019 into the Shoreline Master Program by reference
1. Amend Title 20 (Zoning), Chapter 20.51 (Lake Whatcom Watershed
Overlay District), as follows:
20.51.430 Tree removal not associated with development activity.
(1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant
tree(s) on any property within the Lake Whatcom watershed, or any tree(s) in the public right-of-
way, without first obtaining the aappropriate tFee Femeval permit as provided in this section, unless
the activity is exempted below; provided the tFee is not located within the sh„rorne ; is dietion eF
(a) Removal of any hazard trees considered an emergency within the definition of "hazard tree" in
Chapter 20.97 WCC. Within 30 days after the emergency is abated the landowner shall submit
photo documentation with a form provided by Whatcom County.
(b) Pruning and maintenance of trees of up to 25 percent of the foliage.
(2) Removal of trees located within the shoreline jurisdiction or within a critical area or a critical area
buffer may be subject to additional regulations pursuant to WCC Title 23 (Shoreline Master
Program) or Chapter 16.16 (Critical Areas Ordinance). Where additional regulations conflict the
more stringent regulation shall apply.
3 TFee Rem al Permit Application. The d + + of plaRniRg and rl.,,,.,1.,.,..- ent services shall
c+ hl' h d maintain a tFee .. oval peFt:ni+ - pplieatien which shall at At a minimum requiFe the
following to -shall be submitted by the applicant:
(a) A complete permit application.
sketch for this purpose may be prepared by the homeowner or other lay person and
shall depict:
(i) The approximate location of significant trees, indicating those to be removed;
(ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
(iii) The location of structures, driveways, access ways, and known easements.
b}(c)___ __„__Canopy calculations (existing and proposed).
fhFor required replacement trees, a planting plan showing location, species, and 20-year canopy
area of the new trees in accordance to standards set forth in WCC 20.51.440(4) for calculating
20-year canopy coverage.
J.cAf(_e)_._.___, ___.Other information as required by the applicable permit application.
L4hTree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the county.
(a) Applicable permit
(i) The permit application to remove trees within the shoreline jurisdiction is a shoreline permit
(WCC Title 23).
(ii) The permit application to remove trees within a critical area or a critical area buffer is a
notification of activity (WCC 16.16.235).
(iii) The permit application to remove trees in areas outside of (a) or (b) is a tree removal
permit.
)(b) The county shall review the application within 21 calendar days and either approve,
approve with conditions or modifications, deny the application, or request additional
information. Any deeision te deny the applicatieR shall be in wFiting along with the Feasons fe-F
(c) The removal shall be completed within one year from the date of permit approval.
je4—The decision of the director is appealable pursuant to WCC 22.05.160 (Appeals).
Time Limit. The rerneval shall be cempleted within ene year f. on. the date ef permit
f.� 5 Tree Removal Allowances. With a +r e remeva'an appropriate permit, an property owner may
r �.(.__)__ _ __ p Y p p Y Y
remove up to 35 percent or 5,000 square feet, whichever is greater, and as measured cumulatively,
of the existing canopy area of on -site significant trees on their property; provided, that:
(a) There is no active application for development activity for the site; and
No other Whatcom County regulation is more restrictive; and
_._..__,_____,The tree(s) were not required to be retained or planted as a condition of previous
development activity.
04I(h___...,Removal of Hazard Trees. Any property owner seeking to remove any number of significant
trees not considered an emergency pursuant to subsection (1) of this section must submit a tree risk
assessment using an approved Whatcom County method prepared by a qualified professional;
provided, that removal of hazard trees in critical areas or their buffers shall be in accordance with
the requirements of Chapter 16.16 WCC.
Penalties and Enforcement. Removal of significant trees without obtaining e Femeva'the
appropriate permit may be subject to replacement at a ratio of three trees for each tree removed
without a valid permit. Failure to replace removed significant trees may be subject to a fine as
determined under Chapter 20.94 WCC.
2. Amend Title 20 (Zoning), Chapter 20.71 (Water Resource Protection
Overlay District), as follows:
20.71.354 Tree removal not associated with development activity.
(1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant
tree(s) on any property within the Lake Padden and Lake Samish watersheds, or any tree(s) in the
public right-of-way, without first obtaining the appropriate a tFee rernova4 permit as provided in this
section, unless the activity is exempted below; pFevided the tFee is not located within the shoreline
jurisdietien or within a critical area or a critical area buffe :
(a) Removal of any hazard trees considered an emergency within the definition of "hazard tree" in
Chapter 20.97 WCC. Within 30 days after the emergency is abated the landowner shall submit
photo documentation with a form provided by Whatcom County.
(b) Pruning and maintenance of trees of up to 25 percent of the foliage.
(2) Removal of trees located within the shoreline jurisdiction or within a critical area or a critical area
buffer may be subiect to additional regulations pursuant to WCC Title 23 (Shoreline Master
Program) or Chapter 16.16 (Critical Areas Ordinance). Where additional regulations conflict the
more stringent regulation shall apply.
t2�(3). Tree Remeya Permit Application. The Departmeer+ „f Planning and Development Services shall
establish and maintain a tree Femeval peFrnit appliGatieR, whieh shall At a minimum requiFe the
following to -shall be submitted by the applicant:
(a) A complete permit application.
sketch for this purpose may be prepared by the homeowner or other lay person and
shall depict:
(i) The approximate location of significant trees, indicating those to be removed;
(ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
(iii) The location of structures, driveways, access ways, and known easements.
4)1.c_)_._________,Canopy calculations (existing and proposed).
(d) For required replacement trees, a planting plan showing location, species, and 20-year canopy
area of the new trees in accordance to standards set forth in WCC 20.71.356(4) for calculating
20-year canopy coverage.
Other information as required by the applicable permit application.
(4)''_Tree °eeyal Permit Application Procedure and Appeals. Applicants requesting to remove any
.��significant trees must submit a completed permit application on a form provided by the county.
(a) Applicable permit
(i) The permit application to remove trees within the shoreline iurisdiction is a shoreline permit
(WCC Title 23).
(ii) The permit application to remove trees within a critical area or a critical area buffer is a
notification of activity (WCC 16.16.235).
NO The permit application to remove trees in areas outside of (a) or (b) is a tree removal
permit.
county shall review the application within 21 calendar days and either approve,
approve with conditions or modifications, deny the application, or request additional
information. Any decision to deny the application shall be in writing along with the reasons for
the denial and the appeal process.
(c) The removal shall be completed within one year from the date of permit approval.
,,_The decision of the director is appealable pursuant to WCC 22.05.160.
Tree Removal Allowances. With a tFee rerneva the appropriate permit, any property owner may
remove up to 35 percent or 5,000 square feet, whichever is greater, and as measured cumulatively,
of the existing canopy area of on -site significant trees on their property; provided, that:
(a) There is no active application for development activity for the site; and
(a-)_(b),,_No other Whatcom County regulation is more restrictive; and
tree(s) were not required to be retained or planted as a condition of previous
development activity.
(4)(6)__ Removal of Hazard Trees. Any property owner seeking to remove any number of significant
trees not considered an emergency pursuant to subsection (1) of this section must submit a tree risk
assessment using an approved Whatcom County method prepared by a qualified professional;
provided, that removal of hazard trees in critical areas or their buffers shall be in accordance with
the requirements of Chapter 16.16 WCC.
(7) Penalties and Enforcement. Removal of significant trees without obtaining a tr-etsuafthe
appropriate permit may be subject to replacement at a ratio of three trees for each tree removed
without a valid permit. Failure to replace removed significant trees may be subject to a fine as
determined under Chapter 20.94 WCC.
3. Amend the Shoreline Master Program (WCC Title 23) to adopt the February
12, 2019, CAO, as follows:
23.10.060 References to plans, regulations or information sources.
A. The Whatcom County Critical Areas Ordinance, WCC Chapter 16.16 (as most recently amended by
Ordinance No. 20�772019-013, dated DeGernber SFebruarV 12, 2019-7), is hereby adopted in whole
as a part of this program, except that the permit, n„nGenf,,.-ming use, appeal an
provisions of the critical aF as E)FdiRanee , WCC 16.16.270 (Reasonable Use Exceptions), 16.16.273
(Variances) 16.16.275 (Nonconforming Uses/Buildings), 16.16.280 (Appeals), and thFeURh 16.16.285
(Penalties and Enforcement) `^EGG 1, 27n through , 1 295) shall not apply within shoreline
jurisdiction. All references to the critical areas ordinance (CAO), Chapter 16.16.WCC, are for this specific
version.