HomeMy WebLinkAboutord2023-042strikeWhatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 776-5010
Agenda Bill Master Report
File Number: AB2023-397
File ID: AB2023-397 Version: 1 Status: Adopted
File Created: 06/08/2023 Entered by: CStrong@co.whatcom.wa.us
Department: Planning and File Type: Ordinance Requiring a Public Hearing
Development Services
Department
Assigned to: Council
Agenda Date: 07/25/2023
Primary Contact Email: cstrong(a co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 07/25/2023
Enactment #: ORD 2023-042
Ordinance amending Whatcom County Code Chapter 20.14, Wind Energy Systems, and Chapter
20.97, Definitions
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to Whatcom Code Chapter 20.14, Wind Energy Systems, and Chapter 20.97,
Definitions.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
06/20/2023 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
emp Absent: 1 Donovan
07/25/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 712612023
Agenda Bill Master Report Continued (AB2023-397)
Attachments: Staff Report, Proposed Ordinance, Exhibit A
Whatcom County Page 2 Printed on 7/26/2023
PROPOSED BY: Planning and Development
INTRODUCTION DATE: 6/20/2023
ORDINANCE NO. 2023 - 042
ADOPTING AMENDMENTS TO WCC CHAPTER 20.14, WIND ENERGY SYSTEMS, AND WCC CHAPTER
20.97, DEFINITIONS
WHEREAS, in 2018 the Council placed on the annual docket No. PLN2018-00008: "Review and, if
needed, revise WCC 20.14 Wind Energy Systems," as there was interest in modifying the regulations in
order to better promote local wind energy systems.
WHEREAS, developing the amendments was assigned to the Council's Climate Impact Advisory
Committee (CIAC), whose goals were to make County code more consistent with federal regulations and
industry best practices, and to try to remove any barriers to developing wind energy in Whatcom County
so as to reduce reliance on carbon -based fuels
WHEREAS, Whatcom County Planning and Development Services assisted the CIAC in processing
the amendments, making sure they were compatible with the rest of the Whatcom County Code.
WHEREAS, the Whatcom County Council reviewed and considered Planning Commission's,
Climate Impact Advisory Committee's, and staff's recommendation, and public comments on the
proposed amendments; and
WHEREAS, the County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. Council placed on the 2018 docket Item No. PLN2018-00008: "Review and, if needed, revise WCC
20.14 Wind Energy Systems," as there was interest in modifying the regulations in order to better
promote local wind energy systems.
2. Developing the amendments was assigned to the Council's Climate Impact Advisory Committee,
who completed their work in September 2022
3. The Climate Impact Advisory Committee's goals were to make County code more consistent with
federal regulations and industry best practices, and to try to remove any barriers to developing wind
energy in Whatcom County so as to reduce reliance on carbon -based fuels.
4. The Climate Impact Advisory Committee provided its recommendations to Planning and
Development Services to process, which submitted an application to process the proposed
amendments to the Whatcom County Code (WCC).
5. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on February 7, 2023. No comments have been received to date.
6. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on February 3, 2023, for their 60-day review. No comments have been received.
7. The Planning Commission held a duly noticed public hearing on the proposed amendments on
February 23, 2023.
8. The County Council held a duly noticed public hearing on the proposed amendments on July 11,
2023.
Page 1 of 2
9. The amendments are consistent with Comprehensive Plan Goal 10D and Policies 1OD-6 and 10D-10.
10. In addition, some of the amendments shown in Exhibit A are solely to fix grammar and have more
concise language.
CONCLUSIONS
1. The amendments to the development regulations are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
Section 2. Staff is authorized to work with Code Publishing to correct and update any cross-
references made ineffective by these amendments.
ADOPTED this 25th day of July , 2023.
WHA. QOQw CO/L1f I�iL
W Hc4T�s31V9��,�(A&j114GT.ON
oN
AtTfSX:O GO 4K k
Dana Brown-Yal ispC6uncil Clerk
APPROVED as to form:
Karen Frakes approved via phone on 6/15/2023/MR
Karen Frakes, Civil Deputy Prosecutor
tBarrBanan, Council Chair
Approved ( ) Denied
Satpal Sidh Executive
Date: V2-1- )-'aa
Page 2 of 2
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
Exhibit A: Proposed Wind Energy Systems
Amendments and Organization of WCC 20.97
(Definitions)
Chapter 20.14 WIND ENERGY SYSTEMS
Sections:
20.14.010
Purpose.
20.14.020
Definitions.
20.14.030
Applicability.
20.14.040
Regulatory framework.
20.14.050
General requirements for SWES and WES.
20.14.060
Sound levels and measurement.
20.14.070 Safety.
20,14.090 f'.,. PlaiRt P o s [CES1]
20.14.100 Abandonment, insurance, and decommissioning for WES.
20.14.110 Federal, state and local requirements.
20.14.010 Purpose.
The purpose of this chapter is to regulate the installation and operation of wind energy conversion
systems in Whatcom County for private landowners, subject to reasonable restrictions.
..
..
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Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
ANSI
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10.92.3-12. �.. ZZWWAYMARMINKOVIANWAMIZI . il
20.14.030 Applicability.
(1) The requirements set forth in this chapter shall govern the siting of wind energy conversion systems
used to generate mechanical or electrical energy to perform work, and which may be connected to
the utility grid pursuant to Chapter 80.60 RCW, (Net Metering of Electricityl, and serve as an
independent source of energy, or serve as part of a hybrid system.
(2) The requirements of this chapter shall apply to all small wind energy systems (SWES) and wind
energy systems (WES) proposed after October 10, 2008 (the effective date of the ordinance codified
in this chapterlcEs311. Any SWES/WES for which a required permit has been properly issued prior to
the effective date of the ordinance codified in this chapter shall not be required to meet the
requirements of this chapter; provided, however, that any such pre-existing SWES/WES that is not
producing energy for a continuous period of 12 months shall meet the requirements of this chapter
prior to recommencing production of energy. No modification that increases the height of the
system or increases the system output more than 259,o--ge c-ee+ t shall be allowed without full
compliance with this chapter.
20.14.040 Regulatory framework.
.041 Permits and Zoning.
System Type
ReqUiFed PeF
des
54 CT+po...�r
mz-r-cw�T
n+r�itL.+ v. .,,i++.,,J}
,.
All f9F up to-24
One er multiple SWES with a
Fated output up to and
}
Outright
^ 4
cumulative
II''
�o I(W
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
}
4417
than 50 I(W tom,
eater and
up
&ncluding FAO 1(w
0-Ine WES
Conditional -use r.,itl
e Multiple with a Fated
Multiple WES .,I with
use permit3
44
peF
.tp at.,CORditiORal
ut g
cumulative Fated a
SW E
Not peFfflitt
�.A.Iithin and- 1,000 feet
of the I ;ikp INh;trAR;
Feeogni,zed an
GEWRty, except that
that dR nAt P pd a
total height of 4.se feet
abeve the highe-st re -of
peak of the bUddiRg 9R
..high they a
R euRted-afe
a4OWe4{AA83}
System Type
Zones Allowed In
Required Permit
Meteorological tower
All districts
Permitted
SWES
• with a total height of 200 feet
All districts
Permitted
or less
• with a total height greater than
All districts
......................................... ..._...._....................._.................................................._............._._........__.._............
..............................................................--.... ..__......................_.........._........_.........._..
Heavy Impact Industrial, Light Impact
Administrative use
permit'
...........................................
Administrative use
permit'
...... --- .... -
Conditional use
permit'
200 feet
............................... .---------- ...._................ ... ...
WES
_......_.................._....._..._..._....._...........__.._..._....
............... ...._-__..._.__....................................................... ..............._..-..............._._............_.._...........--..........._......_.._...._............._._.....................................
Industrial
Agriculture, Rural Forestry, and
Commercial Forestry
1 SWES, WES and Meteorological MET -towers are required to be in compliance with WCC
Title 15, Buildings and Construction, and acquire the necessary building permits.
Z Administrative use permit, WCC 22.05.028.
s Conditional use permit, WCC 22.05.026.
.042 Principal or Accessory Use. A SWES/WES may be considered either as a principal or accessory use.
A different existing use or an existing structure on the same lot shall not preclude the installation of a
SWES/WES or a part of such facility on such lot. Any SWES/WES that is constructed and installed in
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
20.14.050 General requirements for SWES and WES.
.051 Visual Appearance — Lighting — Power Lines.
(1) Wind turbines shall be painted a nonreflective, nonobtrusive color such as the manufacturer's
default color option or a color that conforms to the environment and architecture of the
community, unless Federal Aviation Administration (FAAJ standards require otherwise. The zening
adMiRistFaterDirector may require a photo of a SWES/WES, of the same model as that proposed in
the landowner's application, adjacent to a building or some other object illustrating scale (e.g.,
manufacturer's photo).
(2) At SWFS�WES sites, the design of the buildings -;;Ad- Fel-ated- SAFUetblFes shall, tR- the P-AP-At reasonably
the Setting and the existing @RViF9nmeRt.[MD6J
{�LZL_No SWES/WES shall be artificially lighted, except to the extent required by the Federal Aviation
Administration (FAAJ or other applicable authority.
(4)ll_No SWES/WES shall be used for displaying any advertising except for reasonable identification of
the manufacturer or operator of the wind turbine.
{54L4j_Electrical controls, control wiring, and power lines shall be wireless or underground, except
where SWES/WES wiring is brought together for connection to the transmission or distribution
network adjacent to that network, and except that in the Agricultural Zone the minimum installation
depth for electrical controls, control wiring, and power lines is 48 inches below finish grade.
{- J5LThe road access to the proposed site must be rated to carry an axle load sufficient to bear the
weight of all materials, vehicles, and equipment delivered to the site.
k-*�4(6) The compatibility of the foundation, tower, and generating unit (including rotor and rotor -
related equipment) shall be certified in writing by a professional engineer licensed in Washington
State. The engineer shall certify compliance with established engineering practices and compliance
with all applicable adopted codes and regulations. For all SWES/WES, the manufacturer's engineer
or another qualified engineer shall certify that the turbine, foundation, and tower design of the
SWES/WES are compatible and within accepted professional standards, given local design criteria
per WCC Title 15.
(84LJ_The electrical system design shall be certified in writing by an electrical engineer licensed in
Washington State unless waived by the bBuilding oOfficial. All SWES/WES electrical systems shall
comply with requirements per the Washington State Department of Labor and Industries and.the
current adopted edition of the National Electrical Code when and where applicable.
M(8) All SWES/WES shall meet requirements per the applicable sections of
WCC 20.806630, 20 o� and 20Qn C2C et seg. (Stormwater and Drainage) for erosion control
and stormwater management.
01[CES7i
.052 Setback Requirements.
The following setback requirements shall apply to afl-SWES/WES and meteorologicalME-T towers. All
setbacks are measured from the property lines of the property on which the project is located:
(1) Setbacks Table. Setbacks from property lines shall be as shown in the following table, measured to
he outer edge of the base of the SWES/WES structure towers. Guy cables and other accessory
support structures may be located within setback areas.
4
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
System Size Isetback Requirement
UPte and 1-2-times total height of S/WES structurepk+s-2-9
fe4_t.4[MD81
kWSW ES
. ,nn 1,000 320feet ^^^ ^ ^F*^F ^4'4from a property line of any property in a-r►e+�
50 SWES other than the HII ;zAnPdistrict. If the neighboring property is in an HII districtzene
the setback is 14 times (MD91the total height fFem the property line.'
FeetRete1: A reduction in setbacks may be approved if appropriate easements from neighboring property
owners or appropriate mitigation acceptable to neighboring property owners is approved by the zoning
administrator or hearing examiner and recorded against the applicable deed(s).
(2) Setbacks from Communication and Electrical Lines. Each SWES/WES shall be set back frem the
nearest abeve greund public or private nonpaFticipating utility a distance no less than 1-.2[MD101
times its total tewer height, up to a maximurn of tower height plus 20 feet, deteFFBi rom anthe
existing above -ground power line or telephone line.
[CES111
{4)j_3LSetback to -from Other WES. A WES may not be placed such that it substantially disturbs the
wind flow into another WES. A new WES may not be placed such that another nonparticipating WES
falls within an egg -shaped exclusion zone around the new WES defined by an axis along the primary
wind direction. In the upwind direction the exclusion zone shall have a semi -circular shape with a
radius three times the rotor diameter of the new WES. In the downwind direction the exclusion zone
shall have a semi -elliptical shape extending eight times the rotor diameter of the new WES along the
axis downwind and extending three times the rotor diameter of the new WES in a direction
perpendicular to the axis. In this way the new WES will be at least three of its rotor diameters
behind, three to the side of, and eight in front of a pre-existing WES.
(4) For WES located within 1,000 feet of existing structures, permit applicants shall provide additional
analysis of safety risks, including estimate of range for "ice throw" from spinning blades.
.053 Height Limitations.
SWES with a total height taller than 200499-[MD131feet must obtain an administrative use permit, except
within the AG, CF and HII Zones. All SWES with a total height greater than 2400 feet must provide in
writing that the height requested is the minimum height necessary for the SWES to operate efficiently,
and provide approved justification for the proposed height and analysis according to recognized industry
standards.
20.14.060 Sound levels, modeling and measurement.
(1) .961 SWES Sound Levels, PeFfE)Fmance, and MeaSUFeFnent StandaMs. Audible SGUAd is AGt tG e)(Ee
abeve ambient background cirnuffl. of 45 whicheveF is greater, except that there
Zenes.During normal operation, the SWES/WES shall comply with the sound requirements of the
zoning district in which it is located. The facility shall maintain sound levels at project boundaries
that are under the maximum levels for the adiacent receiving properties based on the receiving
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
rooerties' environmental designation for noise abatement in accordance with state regulations.
The facility shall at all times comply with applicable noise control regulations adopted by the
Washington Department of Ecology or such other state agency with jurisdiction. The maximum
sound level may bg exceeded during short-term events, such as utility outages and storms.[MD14]
,
2) WES Droponents shall provide a report by a aualified independent acoustical consultant approved
by Whatcom County PDS and in accordance with standard industry best practices, that models the
sound transmission of the proposed WES at the project property lines and indicates that the WES,
when operated properly, will conform to the sound performance requirements of this chapter.
(3) Noise Complaints[MD15]
(a) If two or more complaints from different households are received within a two -week period
regarding a particular WES located within one mile of the complainant's properties, a sound
measurement will be conducted by a qualified consultant approved by Whatcom County. The
cost of the sound measurement shall be paid initially by the County. Measurements shall be
conducted where the complaints were documented. If an evaluation shows that the WES is
operating outside of its permitted sound performance standards, the operator will have 30 days
to adiust the system(s) or terminate operations, and the owner/operator shall reimburse the
county for the expense of sound measurement. If the WES is shown to be in compliance, the
complainant shall reimburse the County for the cost of measurement.
(b) At the discretion of Whatcom County PDS, multiple complaints may be compiled for three
months at a time and then a sound study conducted at all of the locations. No WES proiect shall
be required to conduct more than two sound measurements at any one adjacent property per
year unless the WES project has expanded and/or proven to be in violation of the sound
Derformance standards.
20.14.070 Safety.
.071 General Provisions for SWES/WES.
(1) Wind turbine towers shall not provide step bolts or a ladder readily accessible to the public, any
access bolts or ladders a+KI-shall be a minimum height of 10 feet above ground level.
(2) All electrical equipment shall be safely and appropriately enclosed from unintentional access by
means such as barrier fencing, equipment cabinetry, or similar approved barriers. All access doors to
wind turbine towers and electrical equipment shall remain locked except when access is necessary.
(3) Appropriate warning signage (e.g., electrical hazards) shall be placed on wind turbine towers,
electrical equipment, and SWES/WES.
(4) Any SWES/WES found to be unsafe by the building official shall be repaired by the landowner and/or
project owner to meet federal, state, and local safety standards, according to the regulatory
authority of the building official and applicable provisions per WCC Title 15.
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
.072 Blade Tip Clearance#eig#t.
(1) The blade tip of any SWES shall, at its
lowest point, have ground clearance of no less than 20 feet, as measured at the lowest point of the
arc of the blades.
(2) WES with ^ eumulative Fated eutp t ^ eateF than 50 I(W shall, at its lowest point, have ground
clearance of no less than 30 feet, as measured at the lowest point of the arc of the blades.
.073 Over -Speed Controls. All SWES/WES shall be equipped with over -speed controls to limit rotation of
blades to speed below the designed limits of the system. No changes or alterations from the certified
design shall be permitted unless accompanied by a licensed professional engineer's statement of
certification.
.074 Flicker Analysis for WES. A flicker analysis is required for all WES. The analysis shall include the
duration and location of flicker potential for all buildings and for roadways within a one -mile radius of
each turbine within a project. The applicant shall provide a site map identifying the locations of shadow
flicker that may be caused by the project and the expected durations of the flicker at these locations
from sunrise to sunset over the course of a year. The analysis shall account for topography but not for
obstacles such as accessory structures and trees. Flicker at any building shall not exceed 30 hours per
year within the analysis area. Flicker in excess of the limits established in this chapter shall be grounds
for the county or his/her designee to order operational adjustments, which may include mitigation
measures requiring cessation of operation during periods when flicker affects any building, for all
noncompliant WES.
.075 Wildlife Protection for WES.
s gn ant adveFse irApaet en endangeFed 9F thFeatened fish, wildlife, plant species, heir eritieal
(2) OtheF Species. The pFejeGt development and�eF E)PeFatiE)FI pi;;n rhall ht- sited, designed, opeFated
and bats.
(1) Prior to permit approval, the applicant shall ensure compliance with WCC Chapter 16.16 (Critical
Areas), including potential impacts to birds and bats, and providing documentation of compliance
with Washington Department of Fish and Wildlife's "Wind Power Guidelines" for project siting and
operation to minimize take of listed species, migratory birds, raptors, and bats.
(2) The applicant shall assess and monitor proximate bird and bat habitats for activity prior to
construction, and modify construction timing and activities to avoid impacts to these species.
(a) At a minimum, one raptor nest survey during breeding season within one mile of the project site
should be conducted to determine the location and species of active nests potentially disturbed
by construction activities, and to identify active and potentially active nest sites with the highest
likelihood of impacts from the operation of the wind plant. A larger survey area (e.g., a two-mile
buffer) is recommended if there is some likelihood of the occurrence of nesting state and/or
federally threatened and endangered raptor species (e.g., ferruginous hawk, bald eagle, golden
eagle).
(b) A minimum of one full season of use surveys is recommended to estimate the use of the project
area by birds and bats. This data should be used to refine impact analyses and help determine
proiect design.
7
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
(3) Following proiect start-up, the applicant shall monitor the project for a minimum of one year to
estimate bird and bat fatality rates using standard protocol. The applicant shall report bird fatalities
observed for the life of the proiect to WDFW and USFWS on a quarterly basis. Additional monitoring
may be required by the County.
20.14.100 Abandonment, Insurance, and Decommissioning for WES.
.101 Abandonment. Absent notice of a proposed date of decommissioning, WES project shall be
considered abandoned when the project fails to operate for more than one year without the written
approval of the dDirector-or-designee. The dDirector er designeeshall determine in 4s-his her decision
what proportion of the project is inoperable for the project to be considered abandoned and shall notify
the property owner. Within 120 days of receipt of notice of abandonment or within 120 days of
providing notice of termination of operations to the c-County, the owner of a wind energy system must
comply with the removal requirements in WCC 20.14.102. If the property owner/project owner fails to
do sore''neye the WES i accerdance with the requirements of this seer'., .,'thin. 120 days Of .,.,rice ..f
ab@RdenmeRt, the eCounty shall have the authority to enter the property and physically remove the
WES. Financial surety funds shall be used to pay for removal and restoration.
.102 Removal Requirements. When a SWES (with a tetal height that exceeds the height s.f th
undeFlying terse) or a WES is scheduled to be decommissioned, the project owner/property owner shall
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
notify the sCounty by certified mail of the proposed date of discontinued operations and plans for
removal. Within 120 days of receipt of notice of abandonment or within 120 days of providing notice of
termination of operations, the owner of a wind energy system must:
(1) Decommissioning of a SWES shall include removal of wind turbine, tower, and above -ground cabling
and electrical components. Foundations and underground cabling need not be removed. Rempupall
. 1 turbines, above ground imprevements, and outdoor StOFage. PFeperty owners of WES iA the
partially er on wl�ele, for appFeved, permitted Feuse, except that on the AG ZA-Re feundatioRs left in
existing buildings shall net exceed 50 feet.
{441(2) Decommissioning of a WES shall include removal of wind turbines, tower, and above -ground
cabling and electrical components, removal of all below -ground project elements to a depth of 36
inches, access roads, and any other associated facilities, unless the property owner requests in
writing that the access roads or other facilities be retained.
9}13)_ Remove all hazardous material from the property and dispose of the hazardous material in
accordance with federal, state, and local law.
k34f4)_ln addition to removing the wind turbine generator, the owner shall restore the site by planting
native or other approved vegetation to minimize erosion.
.103 Insurance. For WES 42proof of continuous liability insurance shall be submitted to Whatcom County
indicating coverage for potential damages or injury to landowners, occupants, or other third parties. Per
WES with a Fated „„tput ..FeateF than SO PAI +The required insurance is $2,000,000 aggregate and
$1,000,000 per occurrence. Whatcom County shall be named on the liability policy as additional insured.
The insurance carrier shall be instructed to notify all applicable governmental authorities of any
delinquency in payment of premiums. The liability policy shall be endorsed to notify the county of any
cancellation 30 days in advance. Failure to provide such insurances shall be considered abandonment
and full and sufficient grounds for termination of the permit and disposal of the equipment and
appurtenances as stated herein.
.104 Financial Surety.
(1) As a condition of WES permit approval, the applicant shall be required to provide a form of surety
(i.e., post a bond, or establish an escrow account or other means) at the amount of 150% percent of
the estimated full cost of project decommissioning, less the approved, documented salvage value of
any applicable project materials and equipment, naming Whatcom County as the beneficiary, with
50% pereent due prior to final project approval, 25% PeFCeRt due within 12 months of the date of
final project approval, and 25%-pefee t due within 24 months of the date of final project approval,
to cover costs of WES removal in the event the county must remove the facility. Nothing wtay shall
prevent the sCounty from seeking reimbursement from the WES project owner. The project owner
is responsible to the sCounty for any costs related to decommissioning that exceed the amount of
financial surety.
(2) As part of the decommissioning plan, the applicant shall submit a fully inclusive estimate of the costs
associated with removal, accounting for reasonable salvage value of any applicable project materials
and equipment, prepared by a qualified professional. The decommissioning plan shall provide that
the decommissioning funds shall be reevaluated every five years from the date of substantial
completion of the WES to ensure sufficient funds for decommissioning and, upon mutual agreement
by the applicant and the sCounty at that time, the amount of decommissioning funds shall be
adjusted accordingly.
(3) Prior to permit issuance, the applicant shall provide the sCounty with a copy of the financial surety
device or another approved mechanism.
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
.105 Decommissioning Plan. As part of the permit approval process, a decommissioning plan shall be
provided that outlines the anticipated means and cost of removing WES at the end of their serviceable
life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such
as a professional engineer, a licensed contractor capable of decommissioning, or a person, firm,
partnership, corporation, or other entity with suitable expertise or experience with decommissioning, as
determined by the bBuilding eOfficial or The plan shall also identify financial surety to pay for
the decommissioning and removal of the WES and accessory facilities. The plan shall also address road
maintenance during and after the decommissioning.
20.14.110 Federal, State and Local Requirements.
(1) SWES/WES shall comply with all current adopted Whatcom County codes and ordinances, including
but not limited to WCC Titles 15, 16, and 23.
(2) SWES/WES must comply with regulations of the Federal Aviation Administration (FAA), along with
the requirements ofw+t14�4 WCC 20.80.6757 jHeight Limitations Surrounding AirportsJ. If necessary,
an applicant may be required to submit the following information for analysis of airspace
obstructions in relation to WCC 20.80.675: mean sea level (MSL) of adjacent airports; MSL of
proposed site; Euclidean distance from adjacent airports to proposed site; total elevation/height of
SWES/WES structure.
(3) All SWES/WES electrical systems shall comply with requirements per the Washington State
Department of Labor and Industries and the current adopted edition of the National Electrical Code
(NEC) when and where applicable.
(4) All SWES/WES with the intention to tie to their respective utility provider's grid system shall meet
the requirements of Chapter 80.60 RCW, Net Metering of Electricity.
Chapter 20.97 DEFINITIONS;ICEs18i
Editor's note: These definitions should be placed in alphabetical order within 20.97, and all other
numbers identifying definitions should be deleted.
"Decibel" means a unit of measure of sound pressure.
"dB(a)" means A -weighted sound pressure scale.
"dB(c)" means C-weighted sound pressure scale.
"Flicker" or "shadow flicker" means the moving shadow cast by the rotating blades of a SWES/WES, or
any intermittent, repetitive, or rhythmic lighting effect that is a direct result of rotating SWES/WES
blades.
"Flicker analysis" means a study showing the duration and location of flicker potential.
20.°�-2-Grade plane. As defined and illustrated in the definition of "building height." Spp `"�C-C.
20 97 nnn and F!gwFes 20 o:7 nnn n and 20 o7 nnn a
"Hub height" means the distance from the ground to the center axis of the rotor.
"Qualified independent acoustical consultant" means a private, third -party individual with full
membership in the Institute of Noise Control Engineers (INCE), or other demonstrated acoustical
engineering certification.
"Rotor" means a system of airfoils designed to provide a reaction force relative to the movement of the
surrounding air. The rotor is connected to a hub that rotates around an axis.
10
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
"Total height of S/WES structure" means the distance measured from the grade plane (as defined and
illustrated in the definition of "building height," WCC Chapter 20.97) to the tip of the SWES/WES rotor
blade extended to its highest point. The support tower structure may be freestanding, guyed, or a
monopole.
"Tower height" means the distance measured from the grade plane (as defined and illustrated in the
definition of "building height," WCC Chapter 20.97) to the hub height of the wind turbine. This structure
may be freestanding, guyed, or a monopole.
"Upwind turbine design" means a SWES/WES that has rotors and towers aligned such that the wind
encounters the rotors before the tower. The tower will always be downwind of the rotors.
"Wind energy system (WES)" means one or morea wind energy conversion systems with a rated output
greater than 10050[Mo191-kW consisting of: wind turbine, tower, base, and associated control or
conversion electronics, as well as anchors, guy cables, and hardware.
Editor's note: The following amendments make no policy changes. They're only fixing the references to
definitions given that definitions will no longer have unique identifying numbers.
Chapter 3.46 AFFORDABLE HOUSING INCENTIVE FUND
3.46.030 Definitions.
Editor's note: The following refers to footnote 1 of "Low-income housing" definition
1 See also definition of "low-income housing" as codified in WCC Chapter 20.97-.2-24.
Chapter 20.17 TEMPORARY HOMELESS FACILITIES
20.17.060 Requirements for temporary homeless facilities.
(3) A temporary homeless facility shall comply with the applicable regulations of this title, except that
temporary homeless facilities shall not be considered structures for the purposes of calculating
parcel's total lot coverage, as defined 4y-in WCC Chapter 20.97—.14-7-.
Chapter 20.20 URBAN RESIDENTIAL (UR) DISTRICT
20.20.130 Administrative approval uses.
.135 One private, noncommercial, recreational vehicle or park model trailer and one accessory guest RV
per lot within pre-existing recreational subdivisions of the Foothills Subarea, as listed in the definition of
"recreational subdivision" in WCC Chapter 20.97-3-3t4; provided, that the following minimum
requirements and standards are met and/or followed:
11
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
Chapter 20.32 RESIDENTIAL RURAL (RR) DISTRICT
20.32.130 Administrative approval uses.
.134 One private, noncommercial, recreational vehicle or park model trailer and one accessory guest RV
per lot within designated rural communities in the Foothills Subarea, as listed in the definition of
"recreational subdivision" in WCC Chapter 20.97-334; provided, that the following minimum
requirements and standards are met and/or followed:
20.32.315 Reserve area.
(3) An easement on the subdivision plat shall establish a reserve area tper itsthe definition in WCC
Chapter 20.97-3441 that is protected in perpetuity so long as it is not within an urban growth area.
The minimum percentage of the parent parcel required to be within a reserve area is shown in WCC
20.32.253.
Chapter 20.34 RURAL RESIDENTIAL -ISLAND (RR-1) DISTRICT
20.34.050 Permitted uses.
.057 Family day care homes subject to the requirements of WCC 20.97.180the definition offer home
occupations (see WCC Chapter 20.97).
20.34.315 Reserve area.
(3) An easement on the subdivision plat shall establish a reserve area per the definition in WCC Chapter
20.97-344 that is protected in perpetuity so long as it is not within an urban growth area. The
minimum percentage of the parent parcel required to be within a reserve area is shown in WCC
20.32.253.
Chapter 20.36 RURAL (R) DISTRICT
20.36.130 Administrative approval uses.
.136 In R5A and R10A zoning districts, the processing of agricultural products that originate from the
permitted uses in WCC 20.40.050, provided the following criteria are met:
(4) The facility does not exceed 10,000 square feet in proposed and existing buildings (as defined min
WCC Chapter 20.97-ED35) devoted to agricultural processing.
20.36.150 Conditional uses.
.163 In 115A and R10A zoning districts, the processing of agricultural products that originate from the
permitted uses in WCC 20.40.050, provided the following criteria are met:
12
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
(4) The facility exceeds 10,000 square feet in proposed and existing buildings (as defined by WCC
20.97.035) devoted to agricultural processing.
20.36.315 Reserve area.2
(1) An easement on the subdivision plat shall establish a reserve area per the definition in WCC Chapter
20.97-344 that is protected in perpetuity so long as it is not within an urban growth area. The
minimum percentage of the parent parcel required to be within a reserve area is shown in WCC
20.36.253.
Chapter 20.37 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.320 Open space reserve area.
.321 For the 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" refound in WCC Chapter 20.97-.2-75.
Chapter 20.40 AGRICULTURE (AG) DISTRICT
20.40.130 Administrative approval uses.
.139 Packinghouses, as identified On WCC 20.97.282.1, and slaughterhouses, as identified defined in WCC
Chapter 20.97-4)3 1, which shall be located, designed, and operated so as to not interfere with the
overall agricultural character of the area, provided the following criteria are met:
(2) The facility is an accessory use, as identified in WCC Chapter 20.97,005, "Accessory use."
20.40.150 Conditional uses.
.164 Packinghouses, as identified in WCC 20.97.282.1, and slaughterhouses as identified in WCC Chapter
20.97.423.1, which shall be located, designed, and operated so as to not interfere with the overall
agricultural character of the area, provided the following criteria are met:
(3) The facility is an accessory use, as identified in WCC Chapter_20.97:005, "Accessory use."
Chapter 20.51 LAKE WHATCOM WATERSHED OVERLAY DISTRICT
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
13
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" pursuant to WCC Chapter 20.97—.Q4&.
20.51.410 Seasonal clearing activity limitations.
(2) Clearing activity, as defined in WCC Chapter 20.97�54, or forest practices regulated by Whatcom
County that will result in land disturbance exceeding 500 square feet shall be prohibited from
October 1st through May 31't; provided, that the director may approve an exemption to this
requirement for the following activities:
Chapter 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.150 Conditional uses.
.153 Expansion of existing fossil fuel refineries. For purposes of this section, an expansion is any
development (including otherwise permitted or accessory uses), vested after August 8, 2021, that meets
any one of the following applicable thresholds:
(1) Cumulatively increases the facility's total maximum transshipment capacity for fossil fuels by more
than 10,000 barrels (or 420,000 gallons) per day based upon an evaluation of physical equipment
limitations conducted by a licensed professional engineer in accordance with the definition of
"maximum transshipment capacity" found in WCC Chapter 20.97-.2-34:1; or
.154 Expansion of existing fossil fuel transshipment facilities. For purposes of this section, an expansion
is any development (including otherwise permitted or accessory uses), vested after August 8, 2021, that
cumulatively increases the facility's total maximum transshipment capacity for fossil fuels by more than
10,000 barrels (or 420,000 gallons) per day, based upon an evaluation conducted by a licensed
professional engineer in accordance with the definition of "maximum transshipment capacity" found in
WCC Chapter 20.97230 4.
Chapter 20.71 WATER RESOURCE PROTECTION OVERLAY DISTRICT
20.71.352 Open space reserve area. (Adopted by reference in WCCP Chapter 2.)
(2) 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" puFswant te in WCC Chester 20.97.
Chapter 20.76 FOREST PRACTICES
20.76.110 Conversion option harvest plan (COHP).
(1) Optional Process. As an alternative to applying for a forest practices permit under WCC 20.76.100,
an applicant may choose to submit an application for a conversion option harvest plan (COHP), as
14
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
defined in WCC Chapter 20.97,096, that, if approved, may preserve the landowner's option to
convert forest land to a noncommercial forest use without subjecting the site to the six -year
development moratorium in WCC 20.76.220.
Chapter 20.78 TRANSPORTATION CONCURRENCY MANAGEMENT
20.78.120 Definitions.
(10)"Development permit" means any order, permit or other official action of the c-County granting, or
granting with conditions, an application for development as defined by WCC 20 97 999 whiGhthat
authorizes the commencement of development activity.
Chapter 20.80 SUPPLEMENTARY REQUIREMENTS
20.80.384 Sign, off -premises advertising.
Deleted editorially. (See WCC Chapter 20.97-494.)
20.80.410 Signs — General provisions — Applicable to all districts.
(5) Signs shall not depict or describe "specified sexual activities" or "specified anatomical areas" as
defined in WCC Chapter 20.97,008.
20.80.580 Parking space requirements.
For the purpose of this Ardipanc-.echa ter, the following parking space requirements shall apply (See also
WCC Chapter 20.97-.140):
20.80.680 Unsuitable land.
Land whic-ka that is unsuitable for the development of permitted, accessory, or conditional uses as
defined by WCC Chapter 20.97-44-3 shall not be developed unless adequate safeguards are formulated
by the developer and approved by the zeRing admiRiStFata Director. The safeguards shall be based on
technical data and/or professional review as deemed necessary by the Director. If no
adequate safeguards are available, the unsuitable land area shall be retained for agricultural, forestry or
open space purposes.
20.80.805 Animal units.
The number of animal units which are permissible in those zone districts that refer to this section shall
be consistent with the following standards:
(1) Animal units shall be computed as set forth in WCC Chapter.20.97.015; provided, that ponies and
horses under one year, calves under six months, and sheep, goats and pigs under three months shall
not be included when computing animal units.
15
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23
Chapter 20.82 PUBLIC UTILITIES
20.82.030 Conditional uses.
The following uses shall require a conditional use permit or major project permit and shall be subject to
a threshold determination in accordance with the County SEPA Grelin nceWCC Chapter 16.08:
(3) New water lines with a nominal pipe size greater than eight inches except for the following, which
are permitted outright:
(b) New water lines outside urban growth areas or limited areas of more intensive rural
development (LAMIRDs) in conformance with a state approved water comprehensive plan
pursuant to RCW 43.20.260 and consistent with the Whatcom County Comprehensive Plan, so
long as they are water transmission lines (as defined ink WCC Chapter 20.97-45-2 , or provide
service at an intensity historically and typically found in rural areas, per RCW 36.70A.030(17),
including but not limited to agricultural uses. Water service for uses or densities not permitted
in rural or resource areas shall not be extended or expanded outside urban growth areas or
limited areas of more intensive rural development (LAMIRDs), except where necessary to
protect basic public health and safety and the environment and when such services are
financially supportable at rural densities and do not permit urban development, per RCW
36.70A.110(4).
Chapter 22.05 PROJECT PERMIT PROCEDURES
22.05.010 Purpose and applicability.
(1) The purpose of this chapter is to combine and consolidate the application, review, and approval
processes for project permits and appeals as defined in WCC Chapter 20.97—.3-24. It is further
intended for this chapter to comply with the provisions of Chapter 36.706 RCW. These procedures
provide for a consolidated land use permit process and integrate the environmental review process
with the procedures for review of land use decisions.
22.05.020 Project permit processing table.
Permit
WCC
Pre-
Determinatio
Notice of
Site
Notice of
Open
County
Appeal
Application
Reference
Applicatio
n of
Applicatio
Posting
Open
Record
Decision
Body (see
Processing
for Specific
n
Completene
n
Required
Record
Hearing
Maker
2.11.210,
Table
Requiremen
Required
ss Required
Required
(see
Hearing
Held By:
(see
22.05.160,
is
(see
(see
(see
22.05.08
Required
(see
2.11.210,
23.60.150(H
22.05.04
22.05.050)
22.05.07
0)
(see
22.05.09
22.05.12
))
0)
0)
22,05.09
0)
0)
0
Type I Applications Administrative Decision with No Public Notice or Hearin
Lot of
Record/Lot
Consolidati
20.83 and
20.97.220
Director
Hearing
Examiner
on
16