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File ID: AB2022-489
File Created: 08/31/2022
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 09/27/2022
Whatcom County
Agenda Bill Master Report
File Number: AB2022-489
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted as Amended
Entered by: CStrong@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Final Action: 09/27/2022
Enactment #: ORD 2022-061
Primary Contact Email: cstrong i cco.whatcom.wa.us<mailto:csti•ong(u7co.whatcom.wa.us>
TITLE FOR AGENDA ITEM:
Ordinance adopting various amendments to WCC Title 20, Zoning; Chapter 20.51 - Lake Whatcom
Watershed Overlay District and Chapter 20.71 - Water Resource Protection Overlay District, and
other references to the Department of Ecology Stormwater Manual
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to the Lake Whatcom Watershed Overlay District (WCC 20.51), Water
Resource Protection Overlay District (WCC Chapter 20.71), and various WCC code provisions
addressing how the stormwater manual is referenced and approved for County use.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
09/13/2022 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
09/27/2022 Council ADOPTED AS AMENDED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 912812022
Agenda Bill Master Report Continued (AB2022-489)
Attachments: Staff Report, Draft Ordinance, Substitute Exhibit A, Memo - Additional Proposed Amendments
from PDS 9.27, Exhibit A With Additional Proposed Amendments from PDS 9.27
Whatcom County Page 2 Printed on 912812022
PROPOSED BY: Planning
INTRODUCTION DATE: 9/13/22
ORDINANCE NO. 2022-061
ADOPTING VARIOUS AMENDMENTS TO WCC TITLE 20 (ZONING), CHAPTERS 20.51 (LAKE WHATCOM
WATERSHED OVERLAY DISTRICT) AND 20.71 (WATER RESOURCE PROTECTION OVERLAY DISTRICT),
AND OTHER REFERENCES TO THE DEPARTMENT OF ECOLOGY STORMWATER MANUAL
WHEREAS, The Whatcom County Council placed on the annual docket item PLN2021-00008,
directing staff to "amend the Lake Whatcom Watershed Overlay District (WCC 20.51) and the definition
of significant tree (WCC 20.97.436.4) to improve compliance with the Total Maximum Daily Load by
further reducing phosphorus loading impacts from development and improve tree protection
measures."
WHEREAS, Whatcom County has three geographic areas whose zoning is overlain by Watershed
Overlay Districts, which modify the underlying zoning by further restricting certain types of uses, adding
additional development and stormwater regulations and standards, and regulating the removal of trees
and tree canopy, all of which are designed to further protect our lakes' water quality and, in Lake
Whatcom's case, the primary source of the City of Bellingham's drinking water.
WHEREAS, there is public concern that too many trees continue to be removed from the
watersheds, which negatively affects water quality as trees contribute greatly to stormwater infiltration
and sediment and contaminant removal.
WHEREAS,
pursuant to the Washington State Constitution, the general police powers granted to counties
empower and authorize Whatcom County to adopt land use controls to provide for the regulation of
land uses within the County and to provide that such uses shall be consistent with applicable law; and,
FINDINGS OF FACT
1. The Whatcom County Council placed on the annual docket item PLN2021-00008, directing staff to
"amend the Lake Whatcom Watershed Overlay District (WCC 20.51) and the definition of significant
tree (WCC 20.97.436.4) to improve compliance with the Total Maximum Daily Load by further
reducing phosphorus loading impacts from development and improve tree protection measures."
2. Whatcom County Planning and Development Services has submitted an application to make various
amendments to Whatcom County Code (WCC) Title 20 Zoning to consider such amendments.
3. As some of the language of the Lake Whatcom Watershed Overlay District is also found in the
Watershed Protection Overlay District, for consistency's sake amendments to language in one
watershed overlay district are also being made in the other so as to remain consistent.
4. In considering such amendments, Council reviewed the Lake Whatcom Watershed Overlay District
and Water Resource Protection Overlay District codes for other issues, such as grammar, code
construction, unused code, outdated titles, etc. Most of the proposed amendments shown in Exhibit
A are to fix those types of issues.
5. Regarding Policy Issue #1: Reducing the threshold of how much new hard surface area is exempt
from installing a permanent stormwater management system in the Lake Whatcom Watershed
Page 1 of 3
Overlay district from 501 to 201 sq. ft. would cause more stormwater to be treated through a
stormwater system, thus reducing the amount of contaminants reaching Lake Whatcom.
6. Regarding Policy Issue #2: In all the watershed overlay districts, reducing the amount of tree canopy
that can be removed would preclude multiple acres of trees being cleared, which would reduce
stormwater impacts on the lakes.
7. Regarding Policy Issue #3: In the Lake Whatcom Watershed Overlay District it is duplicative and
therefore unnecessary for PDS to review and ensure permanent stormwater facilities are installed
for public stormwater improvement projects.
8. Regarding Policy Issue #4: Public Works has requested that Council amend the definition of "current
stormwater manual" and to reference it throughout the code, so that when the Department of
Ecology publishes a new stormwater manual the County Engineer must first approve its use in
Whatcom County, as this would give staff time to train on its use.
9. Regarding Policy Issue #5: In all the watershed overlay districts, there are several sections that are
never used and therefore unnecessary.
10. Regarding Policy Issue #6: Reducing the size of what's defined as a significant tree is found to be
unnecessary, as the canopy of smaller trees interspersed with the larger ones would not significantly
increase (and therefore retain more) canopy.
11. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on April 27, 2022. No comments were received.
12. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on April 20, 2022, for their 60-day review. No comments have been received.
13. The Planning Commission held a duly noticed public hearing on the proposed amendments on May
12, 2022, and discussed these amendments at three subsequent meetings.
14. The County Council held a duly noticed public hearing on the proposed amendments on September
27, 2022.
15. The amendments are consistent with Comprehensive Plan goals and policies listed under section IV,
Comprehensive Plan Evaluation, of the staff report.
16. The amendments are consistent with the Growth Management Act, Whatcom County
Comprehensive Plan, Chapter 314-55 WAC, and other applicable requirements.
17. The proposed amendments reflect current local circumstances and promote the general public
health, safety, morals, and welfare.
CONCLUSIONS
1. The amendments are consistent with the Whatcom County Comprehensive Plan.
2. The amendments are in the public interest.
Page 2 of 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 in Exhibit A.
ADOPTED this 27th day of September 2022.
S�stit t � f P 1pi^`1g9/�
W H ATC��I L�O,U<N9TY0CarL '� A
WHA§C VI�CQa 1`0YT6HI I b,N
ATTE T.' C OtJtJ�Y� d °0 C
Dana,Brown-QdU,P i 'n it Clerk'
APPROVE b 4s to form:.
/s/Royce Buckingham via email 9.29.22/JL
Civil Deputy Prosecutor
T dd Donovan, Council Chair
( Approved ( ) Denied
Satpal Sidhu, Executive
Date: _? � G
Page 3 of 3
Exhibit A: Proposed Amendments to the Lake Whatcom
and Watershed Resource Protection Overlay Districts and
the Stormwater Regulations
P/C Recommended Version, July 14, 2022; amended by Council P&D Committee on
9/13/22; and showing a reversion of amendments in 20.71.300 by staff on 9/26/22
Chapter 20.51 Lake Whatcom Overlay District
20.51.010 Purpose.
The Lake Whatcom Watershed Overlay District is intended to manage and treat stormwater runoff and
establish more stringent standards on clearing activities and reduce the phosphorus loading into Lake
Whatcom, in order to preserve and protect a unique and important water resource, Lake Whatcom. This
district is designed to protect the long-term viability of Lake Whatcom as a drinking water source, and to
comply with the requirements set forth by the Washington State Department of Ecology through the
pending Lake Whatcom total maximum daily load (TMDL) by limiting the phosphorus loading into Lake
Whatcom that results from land disturbing or conversion projects and work, and reduces phosphorus
loading from existing sources.
20.51.030 Area and Applicability.
(1) The Lake Whatcom Watershed Overlay District is an overlay zone that covers the entire geographic
area of the Lake Whatcom watershed within Whatcom County's jurisdiction, and applies to all land
disturbing or conversion projects, work, or activities within the overlay zone.
(2) In the event that the provisions of this chapter conflict with the provisions of the Shoreline
Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County
Development Standards, the provisions of the underlying zoning district, or other applicable c-County
policies or regulations, then the most restrictive shall apply; provided, that the minimum setback
provisions established in WCC 20.51.340 shall prevail.
20.51.040 Conformance.
The provisions of this chapter overlay other permit and approval requirements of the Whatcom County
Code. All use and development shall conform to all relevant requirements and standards of:
(1) WCC Title 20, Zoning, except as modified by this chapter;
(2) The International Building and Fire Codes;
(3) Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC;
(4) Flood damage prevention, WCC Title 17;
(5) Subdivision, WCC Title 21, except as modified by this chapter;
(6) 2012 {The current Washington State Department f Ec legy Stormwater Management Manual
fAF kkiprtprn Washington [cEs1], as amended and modified by this chapter;
rot-vro'cscc�Trn
(7) WCC Title 23, Shoreline Management Program;
(8) WCC Title 24, Health Code; and
(9) All other applicable official controls.
20.51.050 Permitted Uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made
conditional, or further conditioned by this chapter.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
.051 Private noncommercial greenhouses less than 250 square feet.
20.51.060 Accessory Uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter.
20.51.070 Conditional Uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall
only be conditionally permitted:
.071 On -site storage facilities for hazardous wastes associated with eig#t-permitted uses or
app4�e-ved-conditional uses, other than cottage industries as defined in WCC 20.51.095, subject to
the most current siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry,
Commercial Forestry, Neighborhood Commercial, a+4d-or Resort Commercial Zone Districts only.
.072 Retail or wholesale plant nurseries or greenhouses for storage, propagation, and culture of plants,
provided:
(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Whatcom or
streams subject to the Shoreline Management Program; or 200 feet from fish -bearing
streams; or 150 feet from non -fish -bearing ewer streams and their tributaries that flow into
Lake Whatcom.
(3) A monitoring program has been established to ensure that chemical and pesticide quantities
in stormwater runoff do not exceed state water quality standards. Complete control of
drainage from the operation shall be in effect. Such runoff will be tested for pollutants
bimonthly by a licensed water quality testing agency. All requirements will be met at the
owner's expense.
(4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as
containing more than zero percent phosphorus or other compound containing phosphorus,
such as phosphate; provided, that such fertilizers may be used for establishment of new
vegetation in the first growing season.
.073 Type I solid waste handling facilities, except:
(1) Moderate risk waste facilities; and
(2) Facilities in the Recreation and Open Space District.
20.51.080 Prohibited Uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited,
except as per Chapter 20.83 WCC:
.081 Dry cleaning establishments.
.082 Gas stations, service stations, combustion engine repair garages, and automotive wrecking yards.
.083 Sod farming.
.084 Aquaculture and mariculture projects.
.085 Operation of-fFur farms.
.086 Confinement feeding operations.
.087 Asphalt and concrete batch plants.
.088 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program.
.089 Application Utilization of sewage sludge on land.
.090 On -site treatment facilities for hazardous wastes.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
.091 Type I solid waste handling facilities, except those specified in WCC 20.51.073.
.092 Type II, Type III, and Type IV solid waste handling facilities.
.093 Golf courses.
.094 Cemeteries.
.095 Cottage industries that would require on -site hazardous waste storage facilities.
.096 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided,
that surface mining, rock crushing, washing, and sorting subject to the Forest Practices Act
(Chapter 76.09 RCW) are permitted.
.097 Major passenger intermodal terminals.
.098 Freight railroad switching yards and terminals.
.099 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation
of crops.
.100 Animal hospitals and accessory kennels and stables.
.101 Kennels and stables.
.102 Marijuana production or processing facilities.
20.51.300 Open Space.
—Open space requirements shall be as follows:
(1) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325.
(2) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are
located waterward of the ordinary high water mark shall not be used in open space calculations.
20.51.310 Cluster Subdivisions.
The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient
sizes. Clustering is intended to consolidate development and associated infrastructure, reduce
development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve
open space and the character of areas, reduce total imperv-ieus-hard surface area, and minimize
development effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and
resource lands. Preservation of open space is thereby intended to reduce potential stormwater runoff
and associated impacts while assuring protection of viable, undeveloped, and naturally vegetated
corridors for wildlife habitat, protection of watersheds, preservation of critical areas, preservation of
aesthetic values including view corridors, and preservation of trail and/or recreation areas.
20.51.320 Cluster Design Standards.
The creation of new building lots within the Lake Whatcom Watershed Overlay District shall be subject
to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size,
with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria
established in WCC 20.51.330.
(3) The minimum cluster lot size requirements of the underlying zone district shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
(5) Clusters containing two or more lots of less than one acre within a proposed development shall be
separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short subdivision or binding site
plan process pursuant to WCC Title 21.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical
areas or known archaeological sites, as well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
(9) A cluster subdivision shall have no more than two common encroachments on existing eCounty
roads unless site constraints require additional road access. The arrangement of clustered building
lots shall be designed to avoid development forms commonly known as linear, straight-line or
highway strip patterns.
(10)As applicable, interior streets shall be designed to allow future vehicular access to any portion of the
reserve tract which may be divided into future building lots; provided, that the required permanent
open space reserve area, pursuant to WCC 20.51.330, shall not be further subdivided.
20.51.330 Open Space Reserve Area.
(1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently
dedicated for active or passive recreation, critical area protection, natural resource or archaeological
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
(a) The minimum open space reserve area shall be determined by the minimum cluster subdivision
reserve area requirements of the underlying zone district.
(b) A permanent open space reserve area shall be protected using one of the following
mechanisms:
(i) Placement in a separate non -building tract owned in common by all lots within the
subdivision; or
(ii) Covered by a protective easement !or public or private land trust dedication [CES21I`lich
preteets at least the rnnirnum required elusteF reserve area speeifiedd in the underlying
n crnrn
cre-.rrr�ti-c r or
(iii) Otherwise Rpreserved through aeappre 44at,—County-approved permanent protective
mechanism that provides the same level of permanent protection as subsection ("(")(
rox,.-Qi-,t,�icc[CES4] .
(c) The boundaries of the open space PGwtieR of the reserve area may be altered e41y-if the eCounty
finds that in dedicating adjacent reserve areas it would further the objectives listed in
WCC 20.51.310 b-a#e-r's ,e reserve area a44 bar increasing the area of reserve
proportionately on the adjacent land being subdivided so that there is no net reduction in open
space reserve area.
(d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be
recorded on the face of the final plat or short plat.
(e) The remaining unused development density and/or ++apepv+eus hard surface allowances
remaining on the parcel containing the open space reserve area, based on the gross density of
the parent parcel, may be assigned to that portion of the reserve tract not subject to the
minimum area requirements of subsection (2)(b) of this section. The density shall be recorded
on the face of the final plat or short plat. The development rights assigned to the reserve tract in
accordance with this subsection may not be transferred if the area associated with the reserve
tract has been transferred to the other building lots within the subdivision.
M
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a
restriction on the face of the final plat or short plat, and shall constitute an agreement between
Whatcom County and the current/future owner(s) of record that shall run with the land. Said
restriction(s) may be amended by mutual agreement between said parties after review for
consistency and compliance with the effieial WCC Titles 20 y-(Zoning) and 21
(Land Division Regulations) , and the
Whatcom County Comprehensive Plan.
20.51.340 Building Setback/Buffer Areas.
(1) .341 Setbacks for all properties within the overlay district shall be as follows: roads classified
as state highways, principal arterials, minor arterials, and collector arterials or major collectors shall
have a minimum setback of 30 feet; and roads classified as minor collectors, local access streets,
neighborhood collector or minor access streets shall have a minimum setback of 20 feet; provided,
that the road right-of-way meets the minimum standard for road rights -of -way pursuant to the
Whatcom County Development Standards.
(2) .342 Roof overhangs or other overhanging architectural features shall not project further
than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet into the
front yard setback; however, in no case shall they extend more than one-half the depth of the front
yard setback.
20.51.350 Development Criteria.
20.51.360 Parking Space Dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length;
provided, that for any parking area of six or more spaces, 50% percent of all spaces may have the
rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these
spaces are marked for use by compact automobiles. Except in single-family residential areas, all
dimensions shall be exclusive of driveways, aisles and other circulation areas required under
WCC 20.80.560 and 20.80.570.
20.51.370 Parking Requirements.
Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise
specified in this section. Minimum parking requirements may be reduced through any of the following
methods:
(1) A shared parking agreement has been filed with the c-County aAuditor establishing a shared parking
lot for land uses with noncompeting hours of operation, or for multitenant retail and commercial
facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is
intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use developments with similar operating hours may be required to submit a parking
demand study to determine if parking can be combined.
(2) A 20%-per-cam reduction may be approved if an establishment is located within 1,000 feet of any
regularly scheduled bus stop.
(3) The zening administratorDirector determines that a reduced requirement will reduce overall
imperv+eus--hard surfaces while maintaining consistency with this title.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
20.51.390 Vehicular Access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall
be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new
developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads
with limited access to arterial or collector roads.
20.51.400 Roads, Curbs, Gutters, and Sidewalks.
The intent of this section is to reduce +taaperv+eras hard surfaces and stormwater runoff. Innovative street
sections—,w4ic4 that do not compromise public safety, shall be encouraged in the watershed. Narrow
streets and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements
may be implemented with the approval of the Whatcom County Public wWorks ddDepartment. Unless
specifically required, roads shall not be wider than the minimum applicable standard. A rural road
standard may be approved by the Whatcorn County public works department for urban density
residential areas where the developer provides adequate off-street parking and pedestrian walkways.
20.51.410 Seasonal Clearing Activity Limitations.
The intent of seasonal clearing activity limitations is to establish a more stringent standard for clearing
activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural
conditions are so unstable that clearing activity in the areas can result in hazardous conditions.
Implementation of best management practices, including phased clearing, tree retention and seasonal
clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to
erosion at any one time, thereby improving site stability during development and reducing potential for
transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also
reduces the quantity and maintains the quality of stormwater leaving a site during and after
development activities by encouraging interception, infiltration and evapotranspiration of rainfall and
surface runoff.
(1) County review and approval shall be required for all clearing activities associated with a fill and
grade permit, building permit, or other development proposal.
(2) Clearing activity, as defined in WCC 20.97.054, or forest practices regulated by Whatcom County
that will result in expesed soilsland disturbance exceeding 500 square feet shall .n.<, .t,be pernnitted
pr,o,hibited from October 15t through May 31"; provided, that 4the ZGRiRg adMiRistrateDirector
may approve an exemption to this requirement for the following activities:
¢b) aj Routine maintenance and repair of erosion and sediment control measures;
¢,& , b�Activities located at or waterward of the ordinary high water mark subject to state,
federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions of approval
requiring commencement of clearing activity between October 15t and May 315Y for purposes of
minimizing surface water disturbance and site inundation by high water or wave action;
{d)Lc�_ Activities necessary to address an emergency that presents an unanticipated and
imminent threat to public health, safety or the environment that requires immediate action
within a time too short to allow full compliance with this section. Upon abatement of the
emergency situation, the clearing activity shall be reviewed for consistency with this chapter and
may be subject to additional permit requirements; provided, that the applicant shall make a
reasonable attempt to contact the zening administraterDirector prior to the activity. When prior
notice is not feasible, notification of the action shall be submitted to the zenirig
admiR44raterDirector as soon as the emergency is addressed and no later than two business
days following such action. Emergency construction does not include development of new
permanent protective structures where none previously existed;
M
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
{-o d)_____The proposed activity does not involve the conversion of forest land, is outside critical
areas and associated buffers, and is exclusively related to agriculture as defined in this tTitle; or
ff4(ei fThe proposed activity consists of non -conversion forest practices regulated by the
(3) To ensure compliance with subsection (2) of this section, Whatc
die-lepna-entse-wic-esthe Dir ctor shall not issue development permits requiring more than 500
square feet of land disturbance located within the Lake Whatcom watershed within two weeks prior
to the watershed seasonal closure n October from September 15'" through May 31St
(4) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum
extent practicable. The Zoning administratorDirector shall have the authority to condition an exempt
activity to ensure that temporary erosion and sediment control measures will be implemented.
(5) An exemption from the seasonal land clearing requirements of this section does not grant
authorization for any work to be done in a manner that does not comply with other provisions of
this chapter or other applicable development regulations.
(6) Within the Lake Whatcom Watershed Overlay District, clearing activity must conform to the
following conditions:
(a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing
activity. The Director shall conduct periodic inspections to ensure the
integrity of temporary erosion and sediment controls. Temporary erosion and sediment control
measures include, but are not limited to, installation of silt fencing, installation of check dams,
covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County
Development Standards.
(b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the
amount of exposed soil that occurs at any one time, if determined to be appropriate by the
technical ad m in istrate Director, based on site characteristics or constraints including, but not
limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be
required. A phased clearing plan, if required, shall be submitted for review and approval by the
technical Director prior to any clearing activity and shall contain a detailed
construction schedule or timeline.
(c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of
the time of disturbance. The Director may approve an exemption to this
requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan
component must specifically detail erosion and sediment control and stormwater runoff
measures that provide runoff control equal to or greater than the protection provided by the
standard two-day soil stabilization requirements of this section.
20.51.420 Permanent Stormwater Management Systems.
(1) Exemptions. This section does not apply to any of the following projects, work, or activities, which
dee
though other stormwater related t44e-s-regulations and/or
standards might still apply;_howeverf pj-oiec,ts that exceed these thresholds rrlu4t obtain all
applicable d:evel.oppleni permit cven_ when {Ile pr lication thresholds for th at pf r,nit are not
�...............
niet Nrj<61.__
Overlay D strict
(a) Installations-ef, and/or repairs-te, apAd or replacements of, any of the following facilities:
ki --Below grade_:
(fi)—Rpipe,
Exhibit A: Proposed Watershed Overlay District Amendments
Planning Commission Recommended Version
July 14, 2022
{ifi) onduit,
{-iv-)-B ductwork, or
M it C-cabling and wiring (direct burial or conduit encased);
{v+)-Above grade:
{*"__utility or light poles; or
�vj44(ii_)... Gcommunication and/or data transmission systems pedestals;
_k iii) Below -grade, at-g-ra&, and/or above grade appurtenances to any of the above
respective facilities.
4gL0J __Land disturbing activities (per Chapter 20.97 WCC definition) of less than 5,000 square
feet in total area, excluding any imperiieus hard surface area work within the land area
disturbed.
�c4Lc�L______Projects, work, or activities that will create less than:
(i) Two hundred one 201 dive hundred-G�[CEs9jsquare feet of previously nonexistent
+mpervious-hard surface area and or replaced hard surface area a-A/�neable
pavement area (per Chapter 20.97 WCC definitions); and/eOne thousand five hundred one square feet of replaced impervious surface area and/or
9v,1 ltv' §rli� t (Lrg., A e.br4 l� Ss id E1 4��i[stisw rL l�r 1{ 13 {3 GOdS lF3fi 4ii 3G 16iL31F� r�kfTca �r i��x
�g-Ud _If a legal nonconforming structure is(unintentionally][CES111destroyed (e.g., from fire,
wind, falling trees or limbs, flooding), the nonconforming use structure may be reconstructed
using the pr_e-existing footprint. Damage repairs (elfrom ire wind, falling trees or ;;m ems
#lee4+n,4to existing impervious hard surface areas and/or permeable pavement areas within
their same respective existing footprints are a.l_lowe_d-. Expansion of nonconforming
hard surfaces shall be subject to this chapter.
{-hj e) For a single-family dwelling that meets all of the following:
(i) To be located within the platted boundaries of, and in general belonging to, an incorporated
homeowners' association; and,
(i i) Which association has a stormwater runoff management and phosphorus mitigation plan
that provides at least the same level of overall protection from and/or treatment of
phosphorus runoff to Lake Whatcom as would the application of subsection (2) of this
section to any of the individual parcels therein that may be developed; and,
(iii) Which plan is in effect through an ongoing implementation program, applicable to all newly
developed parcels within that association's boundaries, as well as to the association as a
whole; and,.
(iv) Which plan and program have been agreed to by a memorandum of agreement between
Whatcom County and the incorporated homeowners' association; and,.
(v) Permanent best management practices shall follow the NPDES standards in WCC 20.80.630.
(f) 'Public stormwater improvement oroiects intended to implement Total Maximum Dailv Load
TMDL) requirements i[cES112
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(2) Best Management Practices (BMPs).
(a) Unless otherwise exempt per subsection (1) of this section, ier unless a standard land use vesting
determination eancludes , all projects, work, or activities, including subdivisions,
binding site plans, and nonexempt new short subdivision parcels, proposed to occur within the
Lake Whatcom Watershed Overlay District shall incorporate presumptive BMPs and/or
demonstrative BMPs, per subsection (2)(c) and/or (2)(d) of this section, respectively, to:
(i) All projects, work, or activity affected:
(A) Land disturbing activities; and/or
(B) New and replaced hard surfaces.
(i i) Existing off -parcel phosphorus -unmitigated areas and/or on -parcel phosphorus -unmitigated
areas within the entire Lake Whatcom watershed at a 2:1 ratio of phosphorus -unmitigated
area to the corresponding project, work, or activity affected area(s) that subsections
(2)(a)(i)(A) and (B) of this section outline.
(iii) The developable areas and infrastructure as required for long and short subdivision
approval. A stormwater management plan for developable areas and required
infrastructure, consistent with the 2942current Stormwater Management Manual4e-r
Western Washington, is required prior to preliminary plat approval. Installation of required
BMPs for infrastructure is required prior to final plat approval.
(b) The development stormwater runoff (per Chapter 20.97 WCC definition) phosphorus loading
profile from each phosphorus -mitigated area noted in subsections (2)(a)(i) and (ii) shall not
exceed the corresponding natural stormwater runoff (per Chapter 20.97 WCC definition)
phosphorus loading profile from each respective phosphorus -mitigated area.
(c) Presumptive BMPs (per Chapter 20.97 WCC Definition). Presumptive BMPs, which are
combinable with each other and with demonstrative BMPs, follow:
(i) I ull Infiltration and Downspout Full Infiltration. See the 2012 current Stormwater
Management Manual,_ f^r Western IA ashiRgten BMP T5.10A, Velume 111 Secti n 3 1 1 a
V 1, rr e ni Chapter 111 Section 3.3.9(A). Use of these BMPs may require an engineered
design (per Chapter 20.97 WCC definition)
(i i) Full Dispersion. See the current Stormwater Management Manual f^r Alp' -tern Washingtc)r
Volume V Chapter 5 BMP T5.30. This BMP require an
engineered design. -Sne the 201 -2 St rrv,water Management Manual fer Western
criteria.WaShiRgtOR, Volume V, Chapter 5, pages 5 30 thFeugh 5 39, fer further design requi4�e�s�
Where this BMP refers to native vegetation retention, such
requirements shall be consistent with WCC 20.51.440 (Tree retention associated with
development activity).
(d) Demonstrative BMPs (per Chapter 20.97 WCC Definition). Demonstrative BMPs, which are
combinable with each other and with presumptive BMPs, use engineered designs that, once
constructed or installed, and presuming that system preservation activities occur as prescribed
by the design engineer, will satisfy the current_?-012-Stormwater Management Manual, #a+
Western Washingten Minimum Requirements number-s-3 through 9, disregarding any Minimum
Requirement applicability thresholds therein, while also conforming to at least one of the
following:
(i) The engineered design limits the estimated phosphorus loading in development stormwater
runoff to less than 0.1875 lb. of P/acre/year. Engineered designs shall cite and use only
WSDOE-approved references for estimated phosphorus loading information and criteria.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(ii) The monthly development stormwater runoff volume does not exceed the monthly natural
stormwater runoff volume of the project, work, or activity affected areas, as determined by
a WSDOE-approved continuous runoff model.
(iii) Development stormwater runoff does not occur.
(3) System Recording, Protection, and Maintenance. A declaration of covenant shall be recorded for
each property where permanent stormwater BMPs exist. The covenant is used to protect the
stormwater management facilities from cover by hard surfaces,
soil compaction, and damage by soil removal and grade alteration, and ensure required
maintenance occurs according to the schedule in subsection (3)(c) of this section. A draft of the
proposed covenant must be reviewed and approved by Whatcom County prior to recording. All
required covenants must be recorded prior to final permit issuance for the proposed project.
(a) Notice on Title. For all permanent stormwater facilities, the type of stormwater system and
location shall be recorded with the c-County aAuditor real estate records. The recording
document provides notice to future owners of the presence of stormwater system on the lot,
and shall contain:
(i) A site plan to scale, showing the location and descriptions of stormwater facilities,
treatment BMPs, terrain features, protective native growth areas, and stormwater
flowpaths.
(ii) Notice of the property owner's responsibility to retain, uphold, and protect the devices,
features, pathways, protective native growth areas, and operate and maintain BMPs at the
owner's expense.
(b) Protected Native Growth Area (PNGA). For projects that utilize dispersion for their stormwater
system, a protected native growth area covenant shall be required to:
(i) Include native plant species including, but not limited to, those on approved lists provided
by Whatcom County common to this region.
(ii) Be described in the recorded documents as "a Protected Native Growth Area established for
the purposes of dispersing and treating stormwater flows."
(iii) Retain all vegetation and trees within the PNGA at the time of permit application aside from
approved timber harvest activities and the removal of hazardous and diseased trees (as
defined in Chapter 20.97 WCC), an evaluation and determination by an ISA licensed arborist
may be required.
(iv) The PNGA can include on -site critical areas and its buffer.
(v) Limit uses in the PNGA to those specified in Chapter 16.16 WCC.
(vi) Provide a notice of activity, consistent with WCC 16.16.235, to remove trees within a PNGA
when a permit is not required by subsection (1) of this section, under the following
circumstances:
(A) Fire prevention methods when supported by the c-County (Fire Marshal;
(B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and
determination by a licensed arborist may be required);
(C) Encroachments where the trunk, branches, or roots would be or are in contact with
main or accessory structures; or
(D) Where installation and/or maintenance of roads or utilities would unavoidably require
removal or cutting through the root system.
(c) Inspections and Maintenance.
(i) Inspections shall occur on at least an annual basis for all stormwater treatment and flow
control BMPs and facilities that were permitted in accordance with requirements adopted
pursuant to the 2013-2018 Ecology municipal stormwater permits, or later.
10
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(ii) Inspections of all permanent stormwater treatment and flow control BMPs/facilities and
catch basins in new residential developments shall occur every six months until 90% percent
of the lots are constructed.
(iii) For every deficiency identified by inspection, said deficiency shall be addressed:
(A) Within one year for typical maintenance of facilities, except catch basins.
(B) Within six months for catch basins.
(C) Within two years for maintenance that requires capital construction of less than
$ 25, 000.
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 watersheds or aRy tree(s) in the `p stiri 'right f__
Way�[cEs141 without first obtaining the appropriate permit as provided in this section, unless the
activity is exempted below:
(a) Removal of any hazard trees considered an emergency within pursuant to 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 251Yofi1 of the foliage.
(2) AThe removal of trees located within the shoreline jurisdiction or within a -critical areas or theira
er-itic-al buffers +may-beis subject to additional regulations pursuant to WCC Title 23 (Shoreline
Management Program) er-and Chapter 16.16 (Critical Areas). Where additional regulations conflict
the more stringent regulation shall apply.
(3) Permit Application. At a minimum the following shall be submitted by the applicant:
(a) A complete permit application.
(b) A sketch for this purpose may be prepared by the homeowner or other lay person and shall
depict:
(i) The approximate location of significant trees, indicating those to be removed;
(ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
(iii) The location of structures, driveways, access ways, and known easements.
(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 20.51.440(4) for calculating
20-year canopy coverage.
(e) Other information as required by the applicable permit application.
(4) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the c-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 an
Activity Allowed with nNotification of-ac-tiv+ty-(WCC 16.16.235).
(iii) The permit application to remove trees in other areas outside of subseetien (4)(a)(i) er (ii) of
this seotie-is a tree removal permit.
(b) The GOURteDirector shall review the application within 21 calendar days and either approve,
approve with conditions or modifications, deny the application, or request additional
information.
(c) The removal shall be completed within one year from the date of permit approval.
11
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(d) The decision of the dDirector is appealable pursuant to WCC 22.05.160 (Appeals).
(5) Tree Removal Allowances. With a-p-the appropriate permit, any property owner may remove up to
35209/op_er-ceraa#-or S;B00 re t but not to exceed 14,000 square feet-Gheveras-g ea- , and
as measured cumulatively from January 1, 2017, of the existing canopy area, as defined by the
dri line of en sitethe significant trees on their property; provided, that;[CS151
(a) There is no active application for development activity for the site;
(b) No other Whatcom County regulation is more restrictive; and
The tree(s) were are not required to be retained or planted as a condition of previous
development activity.
At the Director's discretion, and On`�[CESr6ia case -by -case basis, additional canopy may be removed
fo r:
(d) Firewise Management. When prescribed by a Firewise professional (e.g. Whatcom Conservation
District Washington Department of Natural Resources, local fire districts, etc.), property owners
may remove more canopy than that specified above if done near existing or proposed structures
and it's the minimum necessary to reduce fire risk.
(e) Pest and Disease Outbreaks. Additional tree canopy may be removed when prescribed by an
ISA-certified arborist to control pest and disease outbreaks.
(6) Removal of Hazard Trees Exceeding the Standard Tree Removal Allowance. Any property owner
seeking to remove any number of sig.RAeant hazard trees not considered an emergency pursuant to
subsection (1) of this section and exceeding the standard tree removal allowance of subsection (5)
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. Said trees shall be replaced with
native species at a ratio of three trees for each tree removed.
hPenalties and Enforcement. Any significant trees damaged or removed without a permit shall be
replaced at a rate of three trees for each one damaged or removed-. FailuFe to replace daRqaged OF
removed signifleaRt trees and shall be subject to a -fines pursuant to as determiRed under Chapter
20.94 WCC (Enforcement and Penalties). Said replacement trees shall meet the following standards:
(a) Replacement coniferous trees shall be at least eight feet in height;
(b) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(c) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(d) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or equivalent organization's standards for nursery stock;
(e) Financial sureties for replacement trees may be required;
wiff Installation maintenance and care of required replacement trees shall be in accordance
with the International Society of Arboriculture's best management practices for arboriculture
including but not limited to soil assessment, sampling, amendments and conservation, and
spacing which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth,
(g) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section and that such trees will be planted in sufficient quantities to meet the intent of this
section.
20.51.440 Tree retention associated with development activity.
(1) Tree Canopy Retention.
12
Exhibit A: Proposed Watershed Overlay District Amendments
Planning Commission Recommended Version
July 14, 2022
(a) Tree canopy retention shall be required for all development applications and building permits
within the Lake Whatcom watershed, unless the activity is exempted below:
(i) Removal of any hazard trees, and as Recessary to remedy an immediate threat to per�r
property, pursuant to the requirements ef this pursuant to 20.51.430(1)(al.
(A) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment
prepared by a qualified professional explaining how the tree(s) meet the definition of a
hazard tree is required. Removal of hazard trees does not count toward the tree
removal limit if the hazard is supported by such a report and approved by the ECounty.
(B) Trees in Critical Areas or Critical Area Buffers. For hazard trees in critical areas or critical
area buffers, tree removal shall be in accordance with the requirements of
Chapter 16.16 WCC.
(ii) Construction or maintenance of public or private roads and public or private utilities
including utility easements not related to development. Protection of trees shall be a major
factor in the location, design, construction, and maintenance of streets and utilities. These
improvements are subject to the purpose and intent of this section.
(iii) Pruning and maintenance of trees of up to 25%-peTe-ePA of the foliage.
(2) Tree Retention Plan Required.
(a) An applicant for a development permit must submit a tree retention plan that complies with this
section. A qualified professional may be required to prepare certain components of a tree
retention plan at the applicant's expense. The tree retention plan shall contain the following
information:
(i) A site plan with the following components:
(A) North arrow;
(B) Property boundaries;
(C) Existing structures;
(D) Site access;
(E) Tree canopy areas to be removed;
(F) The outer dripline of tree canopy areas to be retained;
(G) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
(H) Protection measures to be used for the critical root zone of retained treesa-re�
be URdisturbed; and
(1) Areas to be replanted pursuant to subsection (4) of this section;
(ii) For required replacement trees, a planting plan showing location, species, and 20-year
canopy area of the new trees and calculations of 20-year canopy coverage in accordance
with the standards set forth in subsection (4) of this section;
(iii) Provisions for maintenance and monitoring.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
only remove up to 35-a certain percentage (as shown in Table 20.51.440(3)) or 5,000 square feet,
whichever is greater, and as measured cumulatively from January 1, 2017, of the existing tree
canopy areas, as defined by the dripline of the significant tree(s) on their property; for ihQ purposes
o._a3ui-i d-lriR b<C, , .n erb�FExisting
+rnz- canwpyareas
shall he pr;or;+;zed for retentlen as provided in subsectien (5) of this sectien. In the event that tree
canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of
the site, or to eliminate hazard trees, new on -site plantings of native species shall be required to
attain the removed tree canopy coverage, calculated according to projected growth at 20 years
maturity consistent with Table 20.51.440(4).
13
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the
gross site area.
(b) Existing or planted tree canopy may indr ude-str-eet..trees-and-may be located within buffer
landscaping, site landscaping, critical areas and their buffers, open space reserve areas, reserve
areas, reserve tracts or easements where permanent restrictions are recorded on the face of the
plat ensuring their retention in perpetuity.
Table 20.51.440(3). Tree Canopy Removal Allowances when Associated with Development
Lot Size (acres)
Canopy Removal Allowance
(percentage of existing canopy)
Less than 1
35%
1 to less than 3
30%
3 to less than 10
20%
10 or greater
15%
(4) Measuring Tree Canopy. Site tree canopy shall be measured according to Table 20.51.440(4).
Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or a licensed land surveyor.
Table 20.51.440(4). Measuring Tree Canopy
Existing Canopy
New Canopy
Option 1 Tree Survey
Option 2 Aerial Estimation
20-Year Canopy Calculation
• Measure average canopy
• Obtain aerial imagery of
• For each proposed species:
radius (r) for each tree to
site
• Calculate radius (r) of canopy at 20 years
be retained
• Measure site boundaries
maturity
• Calculate existing canopy
• Measure canopies of
• Calculate canopy coverage using the
area using the formula:
individual trees or stand
formula: CA = nr'
Canopy Area (CA) = 7Lr2
area using leading edges
• Multiply by the proposed quantity to be
• Total the sum of tree
as the forest boundary
planted to obtain total species canopy area
canopy areas and divide
• Divide total canopy
• Total the sum of species canopy area for all
by gross site area to
measurement by the
proposed species and divide by gross site
obtain canopy coverage
gross site area to obtain
area to obtain 20-year canopy coverage
percentage
canopy coverage
percentage
percentage
actual canopy area.
Fer five —orIe trees, each tree shall
be counted at 0
(c) clusters or stands of 01- ssil-11-ii-fi,-ant
nnri-nnt of its actual cone
The
(d) minimum req
space
reserve
percent whe
areasT+es_�
14
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(6) Tree Replacement Rom-irmmen+olCES1$1. In addition to the r - irnm n+r• Af MIC-C. 7h RO �;M +hrn !.!�
20.80-345, trees planted to meet tree canopy requirements in. subsection (3) of thiS SeetieR s
meet the following rrte4
alder;(a) Sites must be planted or replarited with a minimuirn of 550 percent evel-I s
deciduous mix contains ex lus;velyiridigeneys species to the Puget Sound
net
'
ricluding
and
solely through street trees are exempt from the
FequirerneRt to 1 de evergreen species n the planting
species'(b) Sites FequiriRg replanting of tree canopy must plant RE) more than 30 percent of trees from the
same species and Re mere than 60 percent A-f trcP_r_ from *hP- Sam ee ta x A A A Aq i P fa R+4y,
(e) Replacement trees shall be planted iR locat a ens appropriate to the
growth habit and
hor+ice I+ r�l r nt.
r
(d) WheR preparing the landscaping plan, applicants are encouraged to meet the requirements of
subsectien (3) of thus section by GeRseFViRg existirig tree canopy, inGlHding significant trees aR4
other vegetation A-R the site, and by placing Hew plantings in protected areas, such as
street trees, buffer landscaping, open spaces, and erotical areas and their buffers at healthy
spacing densities before placing trees within individual lets or yards, -.a -Rd
(e) Replacement trees shall be located ;R such a manner to minimize damage to trees or structures
on the project site and on properties adjoining the project site.
da(5) Tree Protection Measures. The following tree protection measures shall be taken during
clearing or construction:
(a) During construction Ttree protective fencing shall be installed and maintained along the outer
edge of the drip line surrounding the trees retained in order to protect the trees during any land
disturbance activities. , and -Said fencing shall not be moved to facilitate grading or other
construction activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible, and of durable
construction; orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(9) Tree Can—, Retenfiio-n [P.4Ki9]An applicant may reduce the tree canopy
requirements of subsection (3) of this section by no mere than five percent through a tree canopy
retention modification wh2n all of the following criteria and those in this section are met�
(a) The applicant demonstrates in writing that they have made a good faith effort to comply with
the tree canepy requirements within the physical constraints of the site by:
(i) Retaining as much of the tree canopy as possible on site consistent With best management
practices for maintaining the health of trees; • o(ii) Replanting as much of the tree canopy as eR site consistent with best manage—e-1:
practices for maintaining the health of trees;
r
(b) The applicant proposes to plant additieHal undeFstory vegetation or ground cover area-,
excluding lawn cover, invasive species or noxious weeds, to fulfill the rernaimrig canopy
requirement in Table 20.51.44C)(4) Rot met by retention or replanting of tree canopy; and
15
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
trees as street trees l
trees K 20J
j10 M___R„etalnod-Significant Trees Retained as a Condition of Development Approval. Retained
significant trees, trees planted as replacements for significant trees, and trees planted to meet
requirements in subsection (3) of this section may not be removed except when determined in
writing by a certified arborist to constitute a hazard. Any replacement or significant trees removed
without proper documentation from a certified arborist shall be subject to a fine as determined
under Chapter 20.94 WCC.
j7)_Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, and
subsequently damaged or removed during site development shall be replaced at a rate of three
trees for each one damaged or removed . Failure to r 1place damaged r removed Significant tr
and shall be subject to a -fines pursuant to as ddeteerimined under Chapter 20.94 WCC (Enforcement
and Penalties). Said replacement trees shall meet the following standards:
(a) Replacement coniferous trees shall be at least eight feet in height;
(b) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(c) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(d) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or equivalent organization's standards for nursery stock;
(e) Financial sureties for replacement trees may be required;
¢a}(f) Installation maintenance, and care of required replacement trees shall be in accordance
with the International Society of Arboriculture's best management practices for arboriculture
including but not limited to soil assessment, sampling, amendments and conservation, and
spacing which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(g) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section and that such trees will be planted in sufficient quantities to meet the intent of this
section.
Chapter 20.71 Water Resource Protection Overlay District
20.71.010 Purpose.
The Lake Samish and Lake Padden Water Resource Protection Overlay District is an overlay zone that is
intended to impose additional controls to preserve and protect unique and important water resources
within Whatcom County. This district is designed to protect the long-term viability of the Lake Samish
and Lake Padden watersheds while creating a regulatory framework to address the needs of these
watersheds that are not otherwise provided for in the underlying zone districts.
20.71.020 Application.
20.71.021 Area and applicability.
(1) The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic
area of the Lake Samish and Lake Padden watersheds within Whatcom County's jurisdiction. For
purposes of this title, the Lake Samish watershed shall consist of that portion of the Friday Creek
subbasin of the Samish River watershed that lies within Whatcom County.
16
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(2) This district may be expanded to include other areas through the annual zoning text amendment
process.
(3) The Lake Samish and Lake Padden watersheds are also designated as stormwater special districts
pursuant to WCC 20.80.635 and water resource special management areas pursuant to WCC
20.80.735.
(4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline
Management Program (WCC Title 23), Chapter 16.16 WCC; (Critical Areasl, the Whatcom County
Development Standards, the provisions of the underlying zoning district, or other applicable c-County
policies or regulations, then the most restrictive shall apply; provided, that the minimum setback
provisions established in WCC 20.71.401 shall prevail.
20.71.050 Permitted uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made
conditional, or further conditioned by this chapter.
.051 Private noncommercial greenhouses less than 250 square feet.
20.71.100 Accessory uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter.
20.71.150 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall
only be conditionally permitted:
.151 On -site storage facilities for hazardous wastes associated with outright permitted uses or
app -E v conditional uses, other than cottage industries as defined in WCC 20.71.215, subject to
the most current siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry,
Commercial Forestry, Neighborhood Commercial, a44d-or Resort Commercial Zone Districts only.
.152 Retail or wholesale plant nurseries or greenhouses for storage, propagation, and culture of plants,
provided:
(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Samish, Lake
Padden, or streams subject to the Shoreline Management Program; or 200 feet from fish -
bearing streams; or 150 feet from non -fish -bearing e-t4e+-streams and their tributaries that
flow into Lake Samish or Lake Padden.
(3) A monitoring program has been established to ensure that chemical and pesticide quantities
in stormwater runoff do not exceed state water quality standards. Complete control of
drainage from the operation shall be in effect. Such runoff will be tested for pollutants
bimonthly by a licensed water quality testing agency. All requirements will be met at the
owner's expense.
(4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as
containing more than zero percent phosphorus or other compound containing phosphorus,
such as phosphate; provided, that such fertilizers may be used for establishment of new
vegetation in the first growing season.
.185 Type I solid waste handling facilities, except:
(1) Moderate risk waste facilities; and
(2) Facilities in the Recreation and Open Space District.
17
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
20.71.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited,
except as per Chapter 20.83 WCC (Nonconforming Uses and Parcels):
.201 Dry cleaning establishments.
.202 Gas stations, service stations, combustion engine repair garages, and automotive wrecking yards.
.203 Sod farming.
.204 Aquaculture and mariculture projects.
.205 Operation of fFur farms.
.206 Confinement feeding operations.
.207 Asphalt and concrete batch plants.
.208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program.
.209 Ut+4iz-a4Ge Application of sewage sludge on land.
.210 On -site treatment facilities for hazardous wastes.
.211 Type I solid waste handling facilities, except those specified in WCC 20.71.185.
.212 Type II and Type III solid waste handling facilities.
.213 Golf courses.
.214 Cemeteries.
.215 Cottage industries that would require on -site hazardous waste storage facilities.
.216 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided,
that surface mining, rock crushing, washing, and sorting subject to the Forest Practices Act
(Chapter 76.09 RCW) are permitted.
.217 Major passenger intermodal terminals.
.218 Freight railroad switching yards and terminals.
.219 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation
of crops.
.220 Animal hospitals and accessory kennels and stables.
.221 Kennels and stables.
.222 Marijuana production facilities.
20.71.300 Open space and impervious Ssurfaces.
.301 Open space requirements shall be as follows:
(1) For uses +ln theand [cEs21]NC Zones, at least 259/ofit of the parcel shall be reserved as
open space.
or uses ;R the ,
at least 40 peFGeRt of the paFeel shall be reserved as epen
{3)(2) Open space areas shall be maintained in natural vegetation or landscaped per WCC
20.80.325.
(4)(3) For properties within the jurisdiction of the Shoreline Management Program (WCC Title
23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that
are located waterward of the ordinary high water mark shall not be used in open space
calculations.
.302 Impervious surface ris_.shall be as follows:
(1) For uses in the UR, URM and RR Zone Districts, at least 805/o-percent of the lot or parcel shall
be kept free of structures and impervious surfaces.
(2) For uses in the R Zone District, at least 90%� of the lot or parcel shall be kept free of
structures impervious surfaces.
IT.,
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(3) Where subsection (1) or (2) of this section does not allow 2,500 square feet of total
impervious surface area, 2,500 square feet shall be allowed.
(4) Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be
treated as one undivided parcel for the purpose of calculating total allowable impervious
surface area. Where two or more lots or parcels are consolidated; are not subject to the
provisions of WCC 20.83.070; and are not subject to a permanent restrictive covenant that
precludes development of buildings, structures, or other improvements not otherwise
identified by said covenant, 4,000 square feet of impervious surface shall be allowed.
(5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or
redeveloped; provided, that if 509,o-pe-r� or greater of the preexisting nonconforming
impervious surface area is to be redeveloped, then the applicable impervious surface
limitations of subsections (1), (2), and (3) of this section shall apply. However, if a legal
nonconforming structure is destroyed, the nonconforming use may be reconstructed using the
pre-existing footprint. Expansion of nonconforming impervious surfaces shall be prohibited.
(6) A mobile home within an existing mobile home park may be replaced with a larger mobile
home (not to exceed a maximum of 1,500 square feet), provided there is not an increase in
the overall number of mobile homes in the park or any increase in other impervious surfaces
beyond the new mobile home footprint.
(7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are
located waterward of the ordinary high water mark shall not be used in impervious/pervious
surface calculations.
(8) Any portion of a roof overhang or other overhanging architectural feature which that projects
further than three feet from the footprint of a structure shall be calculated as impervious
surface.
(9) Alternative surface methods described in WCC 20.71.603 may be used.
20.71.350 Cluster subdivisions. (Adopted by reference in WCCP Chapter 2.)
The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient
sizes. Clustering is intended to consolidate development and associated infrastructure, reduce
development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve
open space and the character of areas, reduce total hard *a��surface area, and minimize
development effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and
resource lands. Preservation of open space is thereby intended to reduce potential stormwater runoff
and associated impacts while assuring protection of viable, undeveloped, and naturally vegetated
corridors for wildlife habitat, protection of watersheds, preservation of critical areas, preservation of
aesthetic values including view corridors, and preservation of trail and/or recreation areas.
20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter 2)
The creation of new building lots within the Lake Sarnish and Lake Padden Water Resource Protection
Overlay District shall be subject to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five-5 acres
in size, with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria
established in WCC 20.71.352.
(3) The minimum cluster lot size requirements of the underlying zone district shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
19
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(5) Clusters containing two or more lots of less than o44e-1 acre within a proposed development
shall be separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short subdivision, or
binding site plan process pursuant to WCC Title 21.
(7) Building lots shall be designed and located to be compatible with; and avoid disturbance of,
critical areas or other valuable or unique natural resources or known archaeological sites, as
well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
(9) A cluster subdivision shall have no more than two common encroachments on existing ecounty
roads unless site constraints require additional road access. The arrangement of clustered
building lots shall be designed to avoid development forms commonly known as linear, straight-
line, or highway strip patterns.
(10)As applicable, interior streets shall be designed to allow future vehicular access to any portion of
the reserve tract which may be divided into future building lots; provided, that the required
permanent open space reserve area, pursuant to WCC 20.71.352, shall not be further
subdivided.
20.71.352 Open Space Reserve Area. (Adopted by reference in WCCP Chapter 2)
(1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently
dedicated for active or passive recreation, critical area protection, natural resource or archaeological
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
{- t� The minimum open space reserve area shall be determined by the minimum cluster
subdivision reserve area requirements of the underlying zone district.
jc4Ui _A permanent open space reserve area shall be protected using one of the following
mechanisms:
(i) Placement in a separate non_building tract owned in common by all lots within the
subdivision; or
(ii) Covered by a protective easement or public or private land trust dedication
t�^��tV N4c
�� , ; or
(iii) Otherwise preserved through ae appropriate County -approved permanent protective
mechanism that provides the same level of permanent protection as susecis n /;
(d}jj_)_ __—The boundaries of the open space pertien ef the reserve area may be altered oR4y if the
c-County finds that in dedicating adjacent reserve areas it would further the objectives listed in
WCC 20.71.350 increasing the area of reserve
proportionately on the adjacent land being subdivided so that there is no net reduction in open
space reserve area.
{e)f I<L_The purpose of the open space reserve area as defined in subsection (1) of this section
shall be recorded on the face of the final plat or short plat.
�q�j______The remaining unused development density and/or hard ++npeAe4s-surface allowances
remaining on the parcel containing the open space reserve area, based on the gross density of
20
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
the parent parcel, may be assigned to that portion of the reserve tract not subject to the
minimum area requirements of subsection (2)(b) of this section. The density shall be recorded
on the face of the final plat or short plat. The development rights assigned to the reserve tract in
accordance with this subsection may not be transferred if the pervious surface area associated
with the reserve tract has been transferred to the other building lots within the subdivision.
{-gq(m) _The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as
a restriction on the face of the final plat or short plat, and shall constitute an agreement
between Whatcom County and the current/future owner(s) of record that shall run with the
land. Said restriction(s) may be amended by mutual agreement between said parties after
review for consistency and compliance with WCC Titles 20 (t4e f4G I � Y r n+„ Zoning
21 (Land Division Regulations) , and the
Whatcom County Comprehensive Plan.
Nfpj____ For cluster subdivisions approved after December 7, 1999, that portion of the reserve
tract which is kept in pervious open space may be counted toward pervious surface area
requirements for the building lots in the subdivision on a prorated basis.
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 adder -and -Lake Sar ish waters,",edsWater Resource
Protection Overlay District, ier any tree(s) in the publie Fight Of W )IcEs253; without first obtaining the
appropriate permit as provided in this section, unless the activity is exempted below:
(a) Removal of any hazard trees considered an emergency pursuant to 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 259/o-percent of the foliage.
(2) -KThe removal of trees located within the shoreline jurisdiction or within a -critical areas or a c-r+tieal
areatheir buffers may be subject to additional regulations pursuant to WCC Title 23 (Shoreline
Management Program) ar and Chapter 16.16 WCC (Critical Areas). Where additional regulations
conflict the more stringent regulation shall apply.
(3) Permit Application. At a minimum the following shall be submitted by the applicant:
(a) A complete permit application.
(b) A sketch for this purpose may be prepared by the homeowner or other lay person and shall
depict:
(i) The approximate location of significant trees, indicating those to be removed;
(ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
(iii) The location of structures, driveways, access ways, and known easements.
(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.
(e) Other information as required by the applicable permit application.
(4) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the eCounty.
(a) Applicable Permit.
(i) The permit application to remove trees within the shoreline jurisdiction is a shoreline permit
(WCC Title 23).
21
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(ii) The permit application to remove trees within a critical area or a critical area buffer is an
notification Activity Allowed with Notification (WCC 16.16.235).
(iii) The permit application to remove trees in other areas
this section -is a tree removal permit.
(b) The eeuntyDirector 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.
(d) The decision of the dDirector is appealable pursuant to WCC 22.05.160.
(5) Tree Removal Allowances. With the appropriate permit, any property owner may remove up to
3520% ` , GO--sti,uafe fe-e:t,,-w"ic"ever i brL,:a but not to exceed to 14,000 square feet,
and as measured cumulatively from January 1, 2017, of the existing canopy area, as defined by the
dripline of on sitethe';significant trees on their property; provided, that:I[Cs261
(a) There is no active application for development activity for the site; and
(b) No other Whatcom County regulation is more restrictive; and
(c) The tree(s) were are not required to be retained or planted as a condition of previous
development activity.
At the Director's discretion, and on a case -by -case basis, additional canopy may be removed for:
(d) Firewise Management. When prescribed by a Firewise professional (e.g. Whatcom Conservation
District, Washington Department of Natural Resources, local fire districts, etc.), property owners
may remove more canopy than that specified above if done near existing or proposed structures
and it's the minimum necessary to reduce fire risk.
(e) Pest and Disease Outbreaks. Additional tree canopy may be removed when prescribed by an
ISA-certified arborist to control pest and disease outbreaks.
(6) Removal of Hazard Trees Exceeding the Standard Tree Removal Allowance. Any property owner
seeking to remove any number of s+gnifi hazard trees not considered an emergency pursuant to
subsection (1) of this section and exceeding the standard tree removal allowance of subsection (5)
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. Said trees shall be replaced with
native species at a ratio of three trees for each tree removed.
M Penalties and Enforcement. Any significant trees damaged or removed without a permit shall be
replaced at a ratio of three trees for each one damaged or removed-. Fai!yFe te-replace damaged er
and shall be subject to a -fines pursuant to U R Chapter
20.94 WCC (Enforcement and Penalties). Said replacement trees shall meet the following standards:
(a) Replacement coniferous trees shall be at least eight feet in height;
(b) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(c) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(d) The condition of replacement trees shall meet or exceed current American Nursery and_
Landscape Association or equivalent organization's standards for nursery stock;
(e) Financial sureties for replacement trees may be required;
(f) Installation, maintenance, and care of required replacement trees shall be in accordance with
the International Society of Arboriculture's best management practices for arboriculture
including, but not limited to, soil assessment, sampling, amendments and conservation, and
Exhibit A: Proposed Watershed Overlay District Amendments
Planning Commission Recommended Version
July 14, 2022
spacing, which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(g) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section, and that such trees will be planted in sufficient quantities to meet the intent of this
section.
20.71.356 Tree retention associated with development activity.
(1) Tree Canopy Retention.
(a) Tree canopy retention shall be required for all development applications and building permits
within the Lake Padden and Lake Samish watersheds, unless the activity is exempted below:
(i) Removal of any hazard trees, and as necessary t remedy a immediate threat t per-s�
property, pwron-•vet to thn requirements of this s, bsea „n pursuant to 20.71.354(1)(a).
(A) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment
prepared by a qualified professional explaining how the tree(s) meet the definition of a
hazard tree is required. Removal of hazard trees does not count toward the tree
removal limit if the hazard is supported by such a report and approved by the sCounty.
(B) Trees in Critical Areas or Critical Area Buffers. For hazard trees in critical areas or critical
area buffers tree removal shall be in accordance with the requirements of Chapter 16.16
WCC.
(ii) Construction or maintenance of public or private roads and public or private utilities
including utility easements not related to development. Protection of trees shall be a major
factor in the location, design, construction, and maintenance of streets and utilities. These
improvements are subject to the purpose and intent of this section.
(b) Pruning and maintenance of trees of up to 259/o-pert of the foliage.
(2) Tree Retention Plan Required.
(a) An applicant for a development permit must submit a tree retention plan that complies with this
section. A qualified professional may be required to prepare certain components of a tree
retention plan at the applicant's expense. The tree retention plan shall contain the following
information:
(i) A site plan with the following components:
(A) North arrow;
(B) Property boundaries;
(C) Existing structures;
(D) Site access;
(E) Tree canopy areas to be removed;
(F) The outer dripline of tree canopy areas to be retained;
(G) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
(H) Protection measures to be used for areas that will be undisturbed; and
(1) Areas to be replanted pursuant to subsection (4) of this section;
(i i) For required replacement trees, a planting plan showing location, species, and 20-year
canopy area of the new trees and calculations of 20-year canopy coverage in accordance
with the standards set forth in subsection (4) of this section;
(iii) Provisions for maintenance and monitoring.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
on(y remove up to 3 -1/o-a certain percentage (as shown in Table 20.71.356(3) or 5,000 square feet,
23
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
whichever is greater, and as measured cumulatively from January 1, 2017, of the existing tree
canopy areas, as defined by the dripline of the significant tree(s) on their property. -for the
ua�ses of a hu+dd+erg site dri e�+d ys per i z dareas to be landsc ped. E�dsti ag-tree
ea��he piarii�ed far ten} �n as N c rde rn s #�5� of th+s secti—ln the
event that tree canopy areas in excess of the applicable threshold must be removed to facilitate
reasonable use of the site, or to eliminate hazard trees, new on -site plantings of native species shall
be required to attain the removed tree canopy coverage, calculated according to projected growth
at 20 years maturity consistent with Table 20.71.356(4).
(a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the
gross site area.
(b) Existing or planted tree canopy may include street trees an4 may be located within buffer
landscaping, site landscaping, critical areas and their buffers, open space reserve areas, reserve
areas, reserve tracts, or easements where permanent restrictions are recorded on the face of
the plat ensuring their retention in perpetuity.
Table 20.71.356(3). Tree Canopy Removal Allowances when Associated with Development
Lot Size (acres)
Canopy Removal Allowance
(percentage of existing canopy)
Less than 1
35%
1 to less than 3
30%
3 to less than 10
20%
10 or greater
15%
(4) Measuring Tree Canopy. Site tree canopy shall be measured according to Table 20.71.356(4).
Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or a licensed land surveyor.
Table 20.71.356(4). Measuring Tree Canopy
Existing Canopy
New Canopy
Option 1 Tree Survey
Option 2 Aerial Estimation
20-Year Canopy Calculation
• Measure average canopy
• Obtain aerial imagery of site
For each proposed species:
radius (r) for each tree to
• Measure site boundaries
• Calculate radius (r) of canopy at
be retained
• Measure canopies of
20 years maturity
• Calculate existing canopy
individual trees or stand
• Calculate canopy coverage using
area using the formula:
area using leading edges as
the formula: CA = Tcr2
Canopy Area (CA) = Ttr2
the forest boundary
• Multiply by the proposed quantity
• Total the sum of tree
• Divide total canopy
to be planted to obtain total
canopy areas and divide by
measurement by the gross
species canopy area
gross site area to obtain
site area to obtain canopy
• Total the sum of species canopy
canopy coverage
coverage percentage
area for all proposed species and
percentage
divide by gross site area to obtain
20-year canopy coverage
percentage
24
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(a) Individual significant trees retained .-+^,4 percent of their ar.
(b) For ds of five -_I- more trees, each tree shall be counted at 1_50 Percent of its
actual canopy_aT-e-a-.
(G) For clu-sters'; Aer stands effive or more significant trees, each tree shall be counted at 200 percent
of its actual canopy area.
(d) The mimmurn required lot size in subdivis-ii-aris er shert subdivisions rnay be reduced by—LO
percent when at least 20 percent ef the site, not including any open space reserve areas, reserve
areas, reserve tracts, or GF;flC_-a1 aFP_a_r, A-1, their buffers, is put inte a separate tract er tracts that
have at least 20 significant trees per acre- and where at least 60 percent of the significant trees
%yithin thp tract or tracts are retained. This does not change the tree canopy requirements.
45, trees planted to meet tree canopy requirements in subsection (3) of this section shall
net the following criteria(a) Sites must be planted or replanted with a minimum of 50 percent evergreen species, e)(eept:
The evergreen portion of the required planting mix may be reduced by 25 percent when t
deciduous mix contains exclusively indigeneus species to the Puget Sound region, net
including alder; and
Sites obtaining tree canopy requirements solely through street trees are exempt from the
requirement to iinclude evergreen species in the planting mix;
(b) Sites requiring replanting of tree canopy must plant no more than 30 percent of trees frAm thp
same species and no more than 60 percent of trees from the same taxe-ne-mir- fam-*.
(c) Replacement trees shall be planted in locations to the species' growth h-k'+ 4
hnr-- It ral r rem,�T
(d) When preparing the landscaping plan, applicants are encouraged to meet the requirements of
subsection (3) of this section by conserving existing tree canopy, including significant treeS _RR4
other vegetatien leeated on the sate, and by placing new plantings in protected areas, such as
street trees, buffer landscaping, open spaces, and critical areas and their buffers at healthy
thin indiw
spae ng densities before placing trees vAi ...—idual lets or yards; and
) Replacement trees shall be I ated i such-'aTrra� + miriffimiize damage to trees er struetuF
eR the project site and i e-s-a 4 f e flan-gt'e site.
{_7-)f5j_ Tree Protection Measures. The following tree protection measures shall be taken during
clearing or construction:
(a) During construction Ttree protective fencing shall be installed and maintained along the outer
edge of the drip line surrounding the trees retained in order to protect the trees during any land
disturbance activities. Said , 444-fencing shall not be moved to facilitate grading or other
construction activity within the protected area;
(b) Tree protective fencing shall be a minimum,height of three feet, visible, and of durable
construction, orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
An applieant may reduce the tree canop
I'
requirements of subse-c-t4on (3) of this section by ne mere than five percent through a tree Gapoaj�)y
FeteRtiO.P. Mediflif-2-Ation vAhle.n. dall e f. the following criteria and these in this section are metl
(a) The applieant demonstrates an writing +k,+ +k have made a geed faith effort to co-r-Ply 46
the tree canopy requirements within the physical censtraints of the site by:
afar ;
25
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
significant tFee as street tree
�1Mj6j_ Significant Trees Retained as a Condition of Development Approval. Retained
significant trees, trees planted as replacements for significant trees, and trees planted to meet
requirements in subsection (3) of this section may not be removed except when determined in
writing by a certified arborist to constitute a hazard. Any replacement or significant trees removed
without proper documentation from a certified arborist shall be subject to a fine as determined
under Chapter 20.94 WCC.
Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, and
subsequently damaged or removed during site development shall be replaced at a rate of three
trees for each one damaged or removed . Failure t,, replace damaged ,,,- significant tr
and shall be subject to a -fines pursuant to as determined .ndeF Chapter 20.94 WCC (Enforcement
and Penalties). Said replacement trees shall meet the following standards:
(o) Replacement coniferous trees shall be at least eight feet in height:
Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearlv as practicable to its are -removal character and function:
r) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or eauivalent orRanization's standards for nurse
(s) Financial sureties for replacement trees may be required;
¢J)fjL Installation, maintenance, and care of required replacement trees shall be in accordance
with the International Society of Arboriculture's best management practices for arboriculture
including, but not limited to, soil assessment, sampling, amendments and conservation, and
spacing, which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(u) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section. and that such trees will be Dlanted in sufficient auantities to meet the intent of this
sectinn
120.71.360 Seasonal Clearing Activity Limitations 110Es3 1
Land disturbine activities shall be limited seasonally Dursuant to WCC 20.80.735(2)(d) (Water Resource
Special Management Areas).
20.71.400 Building setback/buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: roads classified as state
highways, principal arterials, minor arterials, and collector arterials or major collectors shall have a
minimum setback of 30 feet; and roads classified as minor collectors, local access streets, neighborhood
collector or minor access streets shall have a minimum setback of 20 feet; provided, that the road right-
26
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
of -way meets the minimum standard for road rights -of -way pursuant to the Whatcom County
Development Standards.
.402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches
into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback;
however, in no case shall they extend more than one-half the depth of the front yard setback.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length;
provided, that for any parking area of six or more spaces, 50%-pefceA of all spaces may have the
rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these
spaces are marked for use by compact automobiles. Except in single-family residential areas, all
dimensions shall be exclusive of driveways, aisles and other circulation areas required under WCC
20.80.560 and 20.80.570.
20.71.602 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise
specified in this section. Minimum parking requirements may be reduced through any of the following
methods:
(1) A sha.red parking agreement has been filed with the eCounty aAuditor establishing a shared
parking lot for land uses with noncompeting hours of operation, or for multitenant retail and
commercial facilities; provided, the parking lot is not located further than 700 feet from any of
the uses it is intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use developments with similar operating hours may be required to submit a parking
demand study to determine if parking can be combined.
(2) A 20% pest reduction may be approved if an establishment is located within 1,000 feet of
any regularly scheduled bus stop.
(3) The zening administFate Director determines that a reduced requirement will reduce overall
hare! nape� surfaces while maintaining consistency with this title.
20.71.603 Alternative surfacing methods.
Alternative surfaces including, but not limited to, bark or wood mulch, washed gravel, grid/lattice
systems, permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved
materials are encouraged. Alternative surfacing methods may be approved for fringe or overflow
parking areas; emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways,
patios, driveways, and easement service roads in residential or commercial zones unless site constraints
make use of such materials detrimental to water quality. Utilization of alternative surfacing methods
shall be subject to review and approval by the Whatcom County public works department, the fire
marshal and/or the eCounty Americans with Disabilities Act (ADAJ coordinator for compliance with other
applicable regulations and development standards. Surfaces shall be considered hardimpervieaus
surfaces under WCC 20.71.300 unless the following conditions are met:
(1) Bark, wood mulch, and washed gravel shall be designed and installed so that all rain water
falling upon the alternative surface will be infiltrated directly beneath the alternative surface
without generating surface runoff based on the one-year,,—/24-hour storm event.
(2) Other alternative surface methods shall be designed and installed in accordance with the
guidelines in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
subsequent version, prepared by the Puget Sound Action Team (Publication No. PSAT 0503), as
applicable. No pervious surface credit shall be given for projects utilizing using an underdrain
system.
20.71.604 Vehicular access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall
be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new
developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads
with limited access to arterial or collector roads.
20.71.700 Roads, curbs, gutters and sidewalks.
The intent of this section is to reduce hardimpervieus surfaces and stormwater runoff. Innovative street
sections; which that do not compromise public safety, shall be encouraged in the watershed. Narrow
streets and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements
may be implemented with the approval of the Whatcom County pPublic wWorks dDepartment. Unless
specifically required, roads shall not be wider than the minimum applicable standard. A rural road
standard may be approved for urban density
residential areas where the developer provides adequate off-street parking and pedestrian walkways.
20.80 Supplementary Requirements
20.80.630 Stormwater and drainage.
(1) Unless exempted in WCC 20.80.631 (stormwater and drainage, exemptions), all development
activity on lands within Whatcom County shall be subject to stormwater management requirements
as follows:
(a) NPDES Phase II Permit Area. Except in the Lake Whatcom Watershed Overlay District,
development activity inside the NPDES Phase II permit area shall comply with:
(i) The 241-2--current Stormwater Management
Manual ,--a..c —am. �nnder];
(ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II
Municipal Stormwater Permit; and
(iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western
Washington Phase II Municipal Stormwater Permit.
(b) Lake Whatcom Watershed Overlay District. All development activity inside the Lake Whatcom
Watershed Overlay District shall comply with Chapter 20.51 WCC, Lake Whatcom Watershed
Overlay District, which satisfies all 2013 Western Washington Municipal Stormwater Permit
development and redevelopment requirements.
(c) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II
permit area (see subsection (1)(a) of this section), development activity inside stormwater
special districts (as defined by WCC 20.80.635) shall comply with the current Stormwater
Manual, using the following modified minimum requirements in the table below, and using the
current Stormwater Manual's definitions of terms for "stormwater site plan," "impervious
surface," "hard surface," "land disturbing activity," "project," "site," and "replaced hard
surface":
... (Editor's Note: The Modified Thresholds for Stormwater Management Table Within Special
Stormwater Districts not shown as it's not being proposed to be amended)
M
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(d) Outside (i) the NPDES Phase II Permit Area, (ii) the Lake Whatcom Watershed Overlay District,
and (iii) the Stormwater Special Districts. Development activity outside the NPDES Phase II
permit area, Lake Whatcom Watershed Overlay District, and stormwater special districts (as
defined by WCC 20.80.635) shall comply with the current Stormwater Manual, using the
following modified minimum requirements in the table below, the definitions for land use
intensity in subsection (e) of this section, and using the current Stormwater Manual's definitions
of terms for "stormwater site plan," "impervious surface," "hard surface," "land disturbing
activity," "project," "site," and "replaced hard surface":
... (Editor's_ Note: The Modified Thresholds for Stormwater Management Table Outside the NPDES Phase
11 Permit Area, the Lake Whatcom Watershed Overlay District not shown as it's not being proposed to be
amended)
... (Editor's Note: Subsection (e)not shown as it's not being proposed to be amended)
(2) No project permit shall be issued prior to meeting the stormwater requirements of this section
and/or the 2012 WaShiRgt r State Department of Feeleg,,current Stormwater Manag e + Manual
f r %VeStern Washington, aen . Advisory Note: Certain stormwater discharges to natural
receiving waters are subject to state water quality standards and the requirements of the National
Pollutant Discharge Elimination System (NPDES). Hydraulic project approval (HPA) may also be
required if stormwater is discharged to a water body or stream that provides, or could provide,
habitat for fish.
20.80.631 Exemptions.
(2) Commercial agriculture practices (as defined in the 2012 Washington State Department f
€colog-ycurrent Stormwater Man nt Manual for Western Washington, as amended) involving
working the land for production are generally exempt. However, the conversion from timberland to
agriculture and the construction of impervious surfaces are not exempt.
20.80.634 Stormwater conformance.
All development shall conform to the following requirements:
(1) General.
(a) Stormwater discharges must be controlled and treated as required by law.
(b) Best management practices (BMPs) shall be used to comply with the regulations in this chapter.
If appropriate BMPs are not referenced in the 2012 Washington State Department f
EGelegycurrent Stormwater Management -Manual for Western W-a-shingten, as amended
(Stermwater Manual), experimental BMPs may be considered. However, experimental BMPs
must be approved by the County prior to implementation.
(2) Erosion and Sediment Control.
(a) All proposed projects that will clear, grade, or otherwise disturb the site shall provide erosion
and sediment control (ESC) that prevents the transport of sediment from the site to drainage
facilities, water resources and adjacent properties.
(b) Erosion and sediment controls shall be selected and applied in accordance with the current
Stormwater Manual.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
Chapter 20.97 Definitions
20.97.091.1 Current Stormwater Manual.
"Current Stormwater Manual" means the County Engineer approved [cES132]Washington State
Department of Ecology (WSDOE) Stormwater Management Manual for Western Washington edition
that is in effect on the date that the cCounty receives a complete application for the project, work, or
activity.
20.97.419 Significant tree.
Soc WCC- —2,,0:-97-.4.3- - 4; T-r-ee; sig,nificant.AnV evergreen tree 12 inches or greater in diameter at breast
height (DBH) or deciduous tree ei-ht8 inches or greater DBH. Diameter at breast height shall be
measured four and one-half feet above existing grade. The Director may authorize the exclusion of an
tree. which for reasons of health or age is not desirable to retain. from this definition.
r [CS33)
Aoy r roe a roe; it bo��rgr a erto diaa ote ,mast-heglad-(-D-BH � ecidu -Gus -t-re&,
fiveeight inchesor greater DBH. Diameter at breast height -shall -be-racasured. foor.and one-half feet
above existing grade. The. director of planning and development services may authorize the exclusion of
any treei which for reasons o.f...health or age is not desirable to retain, from this definition
30