HomeMy WebLinkAbout03 0303 03
STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE APPROVING INTERIM
OFFICIAL CONTROLS (DEVELOPMENT
REGULA TIONS) FOR MARROWSTONE
ISLAND PURSUANT TO RCW 36.70A.390
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} Ordinance No. 03-0303-03
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WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as
required by the Growth Management Act or "GMA," a state statute codified at Chapter
36.70A RCW, adopted a Comprehensive Plan ("the Plan") through and by Resolution
No. 72-98 on August 28, 1998, and the Plan has been subsequently amended by certain
Resolutions and Ordinances adopted or enacted by the County legislature; and
WHEREAS, the Board has adopted, in its legislative capacity, development
regulations that implement and are consistent with the Plan, specifically by adopting a
document known as the Unified Development Code or "UDC," which was effective in
January 2001; and
WHEREAS, the UDC was the subject of a timely appeal to the Western
Washington Growth Management Hearings Board [or "WWGMHB"], said appeal
alleging that the UDC was deficient for not properly classifying, designating and
protecting certain "critical areas" more precisely known as areas that are at various levels
of risk of seawater intrusion; and
WHEREAS, the general allegation of that timely appeal was that groundwater
sources in the unincorporated county were at risk of seawater intrusion and that such
'.
seawater intrusion represents a degradation or worsening of water quality in direct
contravention of the GMA; and
Ordinance No. 03-0303-03
re: Approving Interim Official Controls for Marrowstone Island
WHEREAS, the appeal of the UDC as it relates to areas at risk of seawater
intrusion has been the subject of two full-blown hearings before the WWGMHB, one in
December 2001, another in October 2002; and
WHEREAS, the WWGMHB determined the County was not GMA-compliant
with respect to the allegations raised in the appeal regarding the designation and
protection of areas at risk of seawater intrusion; and
WHEREAS, Jefferson County, while receiving praise from the WWGMHB for its
substantial success through adoption of additional and revised UDC provisions regarding
the designation and protection of areas at risk of seawater intrusion, remains, according to
the WWGMHB, out of compliance with the requirements of the GMA as they relate to
areas at risk of seawater intrusion; and
WHEREAS, the portion of the unincorporated County that contains the greatest
concentration of areas at risk of seawater intrusion is Marrowstone Island; and
WHEREAS, the WWGMHB has mandated in a Compliance Order dated
December 5, 2002 that this County, among other items, take steps within 90 days of the
date of that Compliance Order to prevent any additional seawater intrusion on
Marrowstone Island, in other words to prevent any further degradation of groundwater
quality or quantity on that island; and
WHEREAS, the WWGMHB did not preclude the County from promulgating, if
necessary, a moratorium on development proposals that rely on groundwater as proof of
potable water until more stringent requirements on water usage are adopted by the
County; and
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0 do N 03-0303-03
r mance o.
re: Approving Interim Official Controls for Marrowstone Island
WHEREAS, the 90 days permitted for action with respect to preventing further
groundwater degradation on Marrowstone Island expire March 5, 2003; and
WHEREAS, the County Commissioners sought limited public input by referring
this matter (what proposals should be implemented and enacted to prevent additional
seawater intrusion from occurring on Marrowstone Island) to the County's Planning
Commission, which, in turn, delegated the task of organizing a list of proposals to a
subcommittee of the Planning Commission, a subcommittee that was so pressed for time
that it met on a Sunday in February 2003; and
WHEREAS, the subcommittee of the Planning Commission and the Planning
Commission did an excellent job in quickly providing the elected County legislators with
a list of action items that could be enacted or adopted to satisfy the requirement of the
WWGMHB that "additional seawater intrusion" on Marrowstone Island be abated; and
WHEREAS, the elected County legislators heard the proposals for Marrowstone
Island from the Planning Commission and other County staff members on February 24,
2003 only days before the 90 day period for action responsive to the WWGMHB
mandate expired; and
WHEREAS, there is now insufficient time for the public hearing to occur before
adoption of this Ordinance if the County is to comply with the 90-day deadline laid out in
the December 2002 Compliance Order issued by the WWGMHB; and
WHEREAS, the "line-in, line-out" attachments made part of this Ordinance
constitute the County's compliance with the 90-day mandates laid out in the Compliance
Order of the WWGMHB from December 2002; and
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Ordinance No.
03-0303-03
re: Approving Interim Official Controls for Marrowstone Island
WHEREAS, The Growth Management Act, specifically RCW 36.70A.390,
permits this Board, as the legislature for the relevant local government, the municipal
corporation known as Jefferson County, to adopt a moratorium, interim zoning map,
interim zoning ordinance or interim official control; and
WHEREAS, The process for interim measures available to this Board pursuant to
Section 390 ofthe GMA allows the adoption of an interim measure as long as a public
hearing before the Board occurs within 60 days measured from the date the interim
measure is enacted; and
WHEREAS, the Board, as the elected County legislators, now wish to invoke and
utilize the powers granted to them by Section 390 of the GMA.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section One: The changes to the Unified Development Code (or "UDC") reflected
in Exhibit "A" attached hereto are made effective as of the date this Ordinance is adopted
by the Board of County Commissioners and shall be effective for six months from that
date of adoption.
SEAL
APPROVED AND SIGNED this 3rd day of March, 2003.
JEFFERSON COUNTY
B~~SIONERS
Dan Titterness, Chair
~tingfn
ATTEST:
Lorna Delaney, CMC
Clerk of the Board
APPROVED AS T FORM
~uting Attorne
(Voted against)
Wendi H. Wrinkle, Member
3( :3 }7:) '3
Page 4
UDC groundwater protection/seawater intrusion amendments
In response to December 5, 2002 Compliance Order
concerning Marrowstone Island
March 3, 2003
Section 3 Land Use Districts
3.6 Overlay Districts
3.6.5 Critical Aquifer Recharge Areas.
a. Classification. Critical Aquifer Recharge Areas are naturally susceptible due to the
existence of permeable soils or a seawater wedge in coastline aquifers. Certain overlying
land uses can lead to water quality and/or quantity degradation. The following
classifications define Critical Aquifer Recharge Areas.
(1) Susceptible Aquifer Recharge Areas are those with geologic and hydrologic
conditions that promote rapid infiltration of recharge waters to groundwater aquifers.
For the purposes of this section, unless otherwise determined by preparation of an
Aquifer Recharge Area Report authorized under this section, the following geologic
units, as identified from available State of Washington Department of Natural
Resources geologic mapping, define Susceptible Aquifer Recharge Areas for east
Jefferson County:
i. Alluvial fans (Ha),
ii. Artificial fill (Hx),
iii. Beach sand & gravel (Hb),
iv. Dune sand (Hd),
v. Flood plain alluvium (Hf),
vi. Vashon recessional outwash in deltas and alluvial fans (Vrd) ,
vii. Vashon recessional outwash in meltwater channels (Vro),
viii. Vashon ice contact stratified drift (Vi),
ix. Vashon ablation till (Vat),
x. Vashon advance outwash (Vao),
xi. Whidbey formation (Pw), and
xii. Pre-Vashon stratified drift (Py).
(2) Those areas meeting the requirements of Susceptible Aquifer Recharge Areas
(above) and which are overlain by the following land uses as identified in this Code
are subject to the provisions of the protection standards in this Section:
i. All Industrial Land Uses
ii. All Commercial Uses
iii. All Rural Residential Land Uses
A. requiring a Discretionary Use or Conditional Use Permit or
B. with nonconforming uses that would otherwise require a Discretionary Use
or Conditional Use Permit
iv. Unsewered Planned Rural Residential Developments
v. Unsewered residential development with gross densities greater than one unit
per acre
(3) Special Aquifer Recharge Protection Areas include:
i. Sole Source Aquifers designated by the U.S. Environmental Protection
Agency in accordance with the Safe Drinking Water Act of 1974 (Public Law
93-523) .
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ii. Special protection areas designated by the Washington Department of Eco-
logy under Chapter 173-200 WAC.
iii. Wellhead Protection Areas determined in accordance with delineation
methodologies specified by the Washington Department of Health under
authority of Chapter 246-290 WAC.
iv. Ground Water Management Areas designated by the Washington Department
of Ecology in cooperation with local government under Chapter 173-100 WAC.
(4) Seawater Intrusion Protection Zones (SIPZ) are aquifers and land overlying
aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined
either by proximity to marine shoreline or by proximity to groundwater sources that
have demonstrated high chloride readings. All islands and land area within 1/4 mile
of marine shorelines and associated aquifers together compose the coastal SIPZ.
Additionally, areas within 1000 feet of a groundwater source with a history of
chloride analyses above 100 milligrams per liter (mg/L) are categorized as either at
risk (between 100 mg/L and 200 mg/L) or high risk (over 200 mg/L) SIPZ. Individual
groundwater sources with a history of chloride analyses above 200 mg/L shall be
considered "sea-salt water intrusion areas," which are among the "sources or
potential sources of contamination" listed in Washington Administrative Code \'NAC)
173-160-171, implementing code for the Water Well Construction Act.
The whole of Marrowstone Island will be designated a high risk SIPZ and a "sea-salt
water intrusion area" per WAC 173-160-171 on December 31, 2004 or when public
water is available to the Island, whichever is sooner. Jefferson County is actively
working with partner agencies to establish a public water source on Marrowstone
Island as a long-term solution to aquifer degradation due to seawater intrusion.
In some cases, high chloride readings may be indicative of connate seawater (i.e.,
relic seawater in aquifers as opposed to active seawater intrusion). When best
available science or a hydrogeologic assessment demonstrate that high chloride
readings in a particular area are due to connate seawater, the area in question shall
not be considered an at risk or high risk SIPZ. When the status of an area is in
question, the UDC Administrator is responsible for making the determination based
upon recommendation from County Department of Health and Human Services.
b. Designation. Jefferson County shall prepare and exhibit dated Critical Aquifer Recharge
Area maps which demonstrate the approximate distribution of the Susceptible Aquifer
Recharge Areas, Special Aquifer Recharge Protection Areas, and Seawater Intrusion
Protection Zones. The Critical Aquifer Recharge Area maps shall be periodically revised,
modified, and updated to reflect additional information.
c. Applicability.
(1) The following land use activities are considered high impact land uses due to the
probability and/or potential magnitude of their adverse effects on groundwater and
shall be prohibited in Susceptible Aquifer Recharge Areas and Special Aquifer
Recharge Protection Areas. In all other areas of the County outside of Susceptible
Aquifer Recharge Areas and Special Aquifer Recharge Protection Areas, these
activities shall require an Aquifer Recharge Area Report pursuant to this Section.
i. Chemical manufacturing and reprocessing;
ii. Creosote/asphalt manufacturing or treatment (except that asphalt batch plants
may be permitted in Susceptible Aquifer Recharge Areas ONLY if such areas
lie outside of Special Aquifer Recharge Protection Areas and ONLY if best
management practices are implemented pursuant to sections 4.24.8d ad 6.17
of this Code and an accepted Aquifer Recharge Area Report);
Electroplating and metal coating activities;
Hazardous waste treatment, storage and disposal facilities;
Petroleum product refinement and reprocessing;
Hi.
iv.
v.
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vi. Underground storage tanks for petroleum products or other hazardous
materials;
vii. Recycling facilities as defined in this Code;
viii. Solid waste landfills;
ix. Waste piles as defined in Chapter 173-304 AC;
x. Wood and wood products preserving;
xi. Storage and primary electrical battery processing and reprocessing.
(2) All other land uses shall be subject to the protection standards contained in this
Section and mitigating conditions included with an Aquifer Recharge Area Report,
where applicable.
(3) Seawater Intrusion Protection Zones. Marine shorelines and isla ", ds are
susceptible to a condition that is known as seawater intrusion. Seawater intrusion is
a condition in which the saltwater/freshwater interface in an aquifer moves inland so
that wells drilled on upland areas cannot obtain freshwater suitable for public
consumption without significant additional treatment and cost. Maintaining a stable
balance in the saltwater/freshwater interface is primarily a function of the rate of
aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals
(primarily through wells). The Washington Department of Ecology ie tho 3genoy with
Gt3tutory authority to regulate groundw3ter withdr3'....al for individual wolle in
Joffercon County. New development, redevelopment, and land use activities on
islands and in close proximity to marine shorelines in particular should be
developed in such a manner to maximize aquifer recharge and maintain the
saltwater/freshwater balance to the maximum extent possible by infiltrating
stormwater runoff so that it recharges the aquifer.
d. Protection Standards.
(1) General. The following protection standards shall apply to land use activities in
Susceptible Aquifer Recharge Areas and Special Aquifer Protection Areas, and
when specified in Seawater Intrusion Protection Zones, unless mitigating conditions
have been identified in a Critical Aquifer Recharge Report that has been prepared
pursuant to this section.
(2) Stormwater Disposal.
i. Stormwater runoff shall be controlled and treated in accordance with best
management practices and facility design standards as identified and defined
in the Storm water Management Manual for the Puget Sound Basin, as
amended and the stormwater provisions contained in Section 6 of this Code.
ii. To help prevent seawater from intruding landward into underground aquifers,
all new development activity on Marrowstone Island, Indian Island and within
114 mile of any marine shoreline shall be required to infiltrate all stormwater
runoff on site. The Administrator will consider requests for exceptions to this
policy on a case-by-case basis and may require a hydrogeologic assessment.
(3) On-Site Sewage Disposal.
. i. All land uses identified in Section 3.6.5.a and Special Aquifer Recharge
Protection Areas that are also classified as Susceptible Aquifer Recharge
Areas (as defined in this Section), shall be designated Areas of Special
Concern pursuant to Chapter 246-272-.21501 WAC.
A. Such designation shall identify minimum land area and best management
practices for nitrogen removal as design parameters necessary for the
protection of public health and groundwater quality.
B. Best Management Practices (BMP's) shall be adopted by action of the
Board of Health.
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ii. As new information becomes available that would classify an area as a
Special Aquifer Recharge Protection Area or an Area of Special Concern
under this Section, said area may be designated as such by the County. Any
additional Areas of Special Concern dHsignated through this process shall
receive the same protections identified in Subsection (3)i.A and B above.
(4) Golf Courses and Other Turf Cultivation. Golf courses shall be developed and
operated in a manner consistent with "Best Management Practices for Golf Course
Development and Operation", King County Environmental Division (now: Depart-
ment of Development and Environmental SHrvices), January 1993. Recreational
and institutional facilities (e.g. parks and schools) with extensive areas of cultivated
turf, shall be operated in a manner consistent with portions of the aforementioned
best management practices pertaining to fertilizer and pesticide use, storage, and
disposal.
(5) Commercial Agriculture. Commercial agricultural activities, including landscaping
operations must be operated in accordance with best management practices for
fertilizer, pesticide, and animal waste mana~~ement as developed by the Jefferson
County Conservation District.
(6) Above Ground Storage Tanks. Above ground tanks shall be fabricated,
constructed, installed, used and operated in a manner which prevents the release of
a hazardous substances or dangerous wastes to the ground or groundwater. Above
ground storage tanks intended to hold or store hazardous substances or dangerous
wastes are provided with an impervious containment area, equivalent to or greater
than 100 percent of the tank volume, enclosing and underlying the tank, or ensure
that other measures are undertaken as prescribed by the Uniform Fire Code which
provide an equivalent measure of protection.
(7) Mining and Quarrying. Mining and quarrying performance standards containing
ground water protection best management practices pertaining to operation,
closure, and the operation of gravel screening, gravel crushing, cement concrete
batch plants, and asphalt concrete batch plants, where allowed, are contained in
Sections 4 and 6 of this Code.
Hazardous Materials. land use activities that generate hazardous waste, which
are not prohibited outright under this code, and which are conditionally exempt from
regulation by the Washington Department o'f Ecology under WAC 173-303-100, or
which use, store, or handle hazardous substances, shall be required to prepare and
submit a hazardous materials management plan that demonstrates that the
development will not have an adverse impact on ground water quality. The
hazardous materials management plan must be updated annually by the facility
owner.
(8)
(9)
Well Drilling, Land Division, and Building Permits in Seawater Intrusion
Protection Zones.
i.
Well Drilling. The Washington State Department of Ecology regulates well
drilling pursuant to the Water Well Construction Act. Proposed wells,
including those exempt from permitting requirements, must be sited at least
100 feet from "known or potential sources of contamination," which include
"Sea-salt water intrusion areas" (yVAC 178-160-171), unless a variance is
obtained from Ecology per WAC 173..160-106.
Subdivisions: Applications for land division (UDC Section 7) when the
average net density proposed is less than five acres per dwelling unit must
include specific and conclusive proof of adequate supplies of potable water
through a qualifying hydrogeologic assessment (relevant components of an
Aquifer Recharge Area Report per UDC 3.6.1 O,e) that demonstrates that the
ii.
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iii.
creation of new lots and corresponding use of water will not impact the
subject aquifer such that water quality is degraded by seawater intrusion.
Marrowstone Island Subdivision Moratorium: Due to the documented
phenomenon of seawater intrusion on Marrowstone Island and the existence
of undeveloped lots of record, Jefferson County has imposed a moratorium
on additional land divisions on the Island until such time as public water is
available.
Building Permits:
A. Evidence of potable water may be an individual well, connection to a
public water system, or an alternative system. Whatever method is
selected, the regulatory and operational standards for that method must
be met, including Jefferson County Health Codes and Washington
Administrative Code.
B. All types of building permits that require proof of potable water use are
subject to this policy, specifically building permits for new single-family
residences (SFRs) or other structures with plumbing that are not
associated with an existing SFR (i.e., shops or garages with a bathroom).
Voluntary and mandatory measures of the Jefferson County seawater
intrusion policy apply to development proposals within the coastal, at risk, and
high risk SIPZ, and upon Marrowstone Island, in the following manner, in
addition to all existing applicable Heallth Codes:
A. COASTAL SIPZ
VOLUNTARY ACTIONS:
iv.
1. Water conservation measures.
2. Installation of a flow meter.
3. On-going well monitoring for chloride concentration.
4. Submittal of data to County.
MANDATORY ACTIONS:
1. For proof of potable water on a building permit application, applicant
must utilize DOH-approved public water system if available.
2. If public water is unavailable, an individual well may be used as proof
of potable water subject to the following requirements:
0 Chloride concentration of a laboratory-certified well water sample
submitted with building permit application.
3. If public water is unavailable, a qualifying alternative system may be
used as proof of potable water.
B. AT RISK SIPZ
VOLUNTARY ACTIONS:
1. Water conservation measures.
MANDATORY ACTIONS:
1. For proof of potable water on a building permit application, applicant
must utilize DOH-approved public water system if available.
2. If public water is unavailable, an individual well may be used as proof
of potable water subject to the following requirements:
0 Chloride concentration of a laboratory-certified well water sample
submitted with building permit application.
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0 Installation of a flow meter.
0 On-going well monitoring for chloride concentration.
0 Submittal of flow and chloride data to the County per monitoring
program.
3. If public water is unavailable, a qualifying alternative system may be
used as proof of potable water.
C. HIGH RISK SIPZ
MANDATORY ACTIONS:
1. Water conservation measures (per list maintained by UDC
Administrator).
2. For proof of potable water on a building permit application, applicant
must utilize DOH-approved public water system if available.
3. If public water is unavailable, an individual well may only be used as
proof of potable water subject to the following requirements:
0 Variance from Chapter 173 WAC standards granted by Ecology per
WAC 173-160-106 for a new groundwater well within 100 feet of a
sea-salt water intrusion area per WAC 173-160-171 (Le., within 100
feet of a groundwater source showing chloride concentrations above
200 mg/L or within 100 feet of the marine shoreline); orfor an existing
groundwater well not subject to an Ecology variance, applicant must
provide evidence through a hydrogeologic assessment (relevant
components of an Aquifer Recharge Area Report per UDC 3.6.1 O.e)
of a reasonable probability that the subject aquifer will not be
degraded by the proposed use of the well.
0 Chloride concentration of a laboratory-certified well water sample
submitted with building permit application.
0 If chloride concentration excE!eds 250 mg/L in a water sample
submitted for a building permit, then the property owner shall be
required to record a restrictiv~3 covenant that indicates a chloride
reading exceeded the U.S. Environmental Protection Agency
secondary standard (250 mglL) under the National Secondary
Drinking Water Regulations.
0 Installation of a flow meter.
0 On-going well monitoring for chloride concentration.
0 Submittal of flow and chloridE! data to the County per monitoring
program.
4. If public water is unavailable, a qualifying alternative system may be
used as proof of potable water.
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C. MARROWSTONE ISLAND
In addition to all voluntary and mandatory actions associated with the
applicable SIPZ as described above. the following measures apply to all
development proposals on Marrowstone Island that include groundwater
withdrawal:
VOLUNTARY ACTIONS
1. Installation of timers together with new well pump installations to
enable pump use limitation to low demand times.
MANDATORY ACTIONS
1. The use of a new well shall be conditioned through the associated
building permit such that enroiliment in a County-sponsored monitoring
program is required, including periodic submittal of flow and chloride
data as determined by the County.
2. Installation of a source-totalizing meter (flow).
3. Installation of a variable speed pump, controllable from the surface, in
order to enable reduction of withdrawal rate, as may be necessary.
4. Installation of a 1 ,ODD-gallon minimum storage tank that shall conform
to the ANSI/NSF Standard 61.
5. Marrowstone Island Groundwater Use Limitation: Groundwater
withdrawal from all individual E!Xempt wells, new and existing, on
Marrowstone Island shall be limited to 1,000 gallons per day under the
authority of the Growth Manag¡ement Act (RCW 36.70A).
(10) Mitigating Conditions. The Administrator may require additional mitigating
conditions, as needed, to provide protection to all Critical Aquifer Recharge Areas to
ensure that the subject land or water use action will not pose a risk of significant
adverse groundwater quality impacts. The determination of significant adverse
groundwater quality impacts will be based on the Antidegradation policy included in
Chapter 173-200 WAC.
(11) Authority for Denial. The Administrator may deny approval if the protection
standards contained herein or added mitigating conditions cannot prevent
significant adverse groundwater quality impacts.
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