HomeMy WebLinkAbout111-97 - Ord. Amendments to the Interim Resource Ordinance 77-93 ORDINANCE NUMBER -97
AMENDMENTS TO THE MASON COUNTY INTERIM RESOURCE ORDINANCE
AN ORDINANCE amending the following sections of the Mason County Interim Resource
Ordinance,.Ordinance 77-93, as amended: Section 17.01.080 Critical Aquifer Recharge Areas,
and Section 17.01.240 Definitions, under the authority of Chapters 36.70 and 36.70A RCW.
WHEREAS, the Board of County Commissioners held a public hearing on August 26, 1997, to
consider the recommendations of the Planning Commission, the Mason County Department of
Community Development and citizens on the proposed amendments;
WHEREAS, the Mason County Planning Commission formulated its recommendations after a
public hearing on July 1, 1997 and approved findings of fact;
WHEREAS, these hearings were duly advertised public hearings;
WHEREAS, these amendments are intended to comply with the Order of the Western Washington
Growth Management Hearings Board of September 6, 1996;
WHEREAS, the Mason County Board of County Commissioners formulated its decision after the
public hearing and has approved findings of fact to support its decision as ATTACHMENT B;
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of County Commissioners
of Mason County hereby approves and ADOPTS the amendments to the Mason County Interim
Resource Ordinance, #77-93, as amended, as described by ATTACHMENT A.
DATED this 23L4 day of -P , 1997.
Board of County Commissioners
Mason County, Washington
-� ATTEST:
J(-7
Mary Jo Cady, Chair / Clerk of the Board
t
John'A. Bolender, Commissioner APPROVED AS TO FORM:
a Olsen, Commissioner Prose g Att rney
�l\
ATTACHMENT A - ORDINANCE NO. /v , -97
MASON COUNTY INTERIM RESOURCE ORDINANCE
CRITICAL AQUIFER RECHARGE AREAS
17.01.080 CRITICAL AQUIFER RECHARGE AREAS
In order to protect the public health and safety, prevent the degradation of ground water aquifers used
for potable water, and to provide for regulations that prevent and control hako to the degradation of
ground water aquifers, the following standards for Mason County are described in Section 17,01.080.
Aquifer Recharge Areas are areas of special concern and are subject tothe Mason County Health
Codes. Nothing in this section is intended to restrict agricultural. aquacultural or forestry practices.
A. CLASSIFICATION
/
All Chdoo| Aquifer Recharge Areas in Mason County are classified as having oith*rimd
Extreme, High, nrModerate Recharge potential:
CLASS | - EXTREMELY CRITICAL RECHARGE AREAS
Lund and fresh water areas with the highest susceptibility to contamination of the
water table aquifer or confined aquifers that have o high probability ofyielding potable
water. These are areas which provide very rapid recharge with minimal protection to
the aquifer.
1. These areas are identified on the Mason County Critical Aquifer Recharge Area
Map.
2. Those fresh water features inthe County such as rivers, otnsnmo |ukeu' ponds,
evvannpa' bogs, marshes and wetlands.
CLASS || ' HIGHLY CRITICAL RECHARGE AREAS
Land areas with high susceptibility to contamination of the water table aquifer or
confined aquifers that have o high probability of yielding potable water. These are
areas which provide rapid recharge with little protection to the aquifers. These aquifers
are identified in the Mason County Critical Aquifer Recharge Area Map.
CLASS III MODERATELY CRITICAL RECHARGE AREAS
Land areas with a moderate susceptibility to contamination of the underlying ground
water aquifer or confined aquifers that have a high probability of yielding potable
water. These are areas which provide moderate recharge with some protection tothe
aquifer. Lands shall only be so classified when they are identified and mapped in the
Mason County Comprehensive Plan These areas 01-e- th--S�- identified on the Mason
County Critical Aquifer Recharge Area Map. Iden ification and mapping will be
available.12erformed for these areas as information becomes
Also identified and
classified as moderately critical recharge areas are those well head protection areas,
not otherwise desianated as a Class I or'Class 11 critical recharge area, and recorded
with the Mason County Department of Community Development.
Attachment Pagel '
Critical Aquifer Recharge Areas
B. DESIGNATION
The lands and fresh waters of Mason County meeting the Critical Aquifer Recharge Areas
Classification are hereby designated under RCW 36.70A.060 and RCW 36.70.170, as Critical
Areas requiring protection for public health.
C. LAND USE
The following uses within Critical Aquifer Recharge Areas are subject to Conditional Uses
Permits.
1. , Junk yards, salvage yards, auto wrecking yards, any business that uses
hazardous waste in their operation, shall demonstrate that such facilities will not
significantly impact ground water resources. In order to make such determination, the
Director or Health Director map shall require the filing of an Environmental Geologic
Report.
2. When not on public sewer, dry cleaners (not clothing pick-up), electroplaters metal
processors with etchers and chemicals municipal county or state garages tanners
textile dyers wood preservers furniture strippers and other uses and activities that
require an Washington State Waste Discharge permit for discharge into groundwater
shall demonstrate that such facilities will not significantly impact around water
resources In order to make such determination the Director or Health Director shall
require the filing of an Environmental Geologic Report. Other uses and activities
the aquife-r-.
D. DEVELOPMENT STANDARDS
All uses and activities within Critical Aquifer Recharge Areas are subject to the following
Development Standards. Development within Critical Aquifer Recharge Areas shall be in
compliance with the Mason County Hazardous Waste Treatment and Storage Facilities Siting
Ordinance, the State of Washington Dangerous and Hazardous Waste Regulations (including
RCA 70.105 and WAC 173-303), SEPA, Mason County Health Codes and any other applicable
County, State and Federal regulations.
1. Notification
a. Title Notification
The owner of any site within a designated Critical Aquifer Recharge Area as
identified in the Mason County Critical Aquifer Recharge Areas Map, on which
a development proposal is submitted, shall record a notice with the Mason
County Auditor. The notice shall indicate in the public record the presence of
an aquifer recharge area, the application of this Chapter to the site, and that
limitations on regulated activities may exist. Only one such notice is required to
be made on any individual property or lot. The notice shall be as set forth
below.
"Notice: This site lies within an aquifer recharge area as defined by Chapter
17.01, Mason County Code. The site was the subject of a development
Attachment A Page 2
Critical Aquifer Recharge Areas
proposal for
application number
fi|ed on (date). Restrictions on use or alteration
of the site may exist due to natural conditions of the site and resulting
regulation. Review nf such application has provided information on the location
ofan aquifer recharge area and the restriction un their use. A copy of the plan
showing the aquifer recharge area is attached hereto.
b. Plat Notification
For proposed short subdivision and subdivision proposals within Critical
Aquifer Recharge Areas, the applicant shall include o note on the face nfthe
plat. The note shall be ao set forth below:
"Notice: This site lies within an aquifer recharge area as by Chapter
17.O1' Mason County Code. The site was the subject ofudevelopment
proposal for
application number
Filed on (date). Restrictions on use oralteration
of the site may exist due to natural conditions of the site and resulting
regulation.
The note shall be recorded as part of final plat approval of any short subdivision
or subdivision.
long subdivisions within well head protection areas to the manager of that area.
Liz Notice shall be provided by the county of applications for conditional uses or
2. Agricultural "^",'"""
Agricultural activities, con"imercial and hobby farms, are encouraged to
disposal, fertilizer use, pesticide uses, and strearn corridoi management and seek the
Extension Agent. The ciatical aquife, iecharge regulations are not intended to impose
new regulation$ Oil normal agricultural activities over and above the Feclahentents oF
othei iegtilations and laws.
3. Residential and accessury uses may require an enhanced on-site sewage disposal
2. 4. Subdivision, short subdivisions and other divisions of land in areas of special concern
shall be evaluated for their impact on groundwater quality, subject to the Mason
County Health Codes.
h[lpacts are generally known, or the impacts of L e pro'ect have hieen mitagated-by
system�-Approval shall P.Oiect-,
togethei with any mitigation included On the project Or pr_-J�-_-t 0-ppl-0-1
the project will not have a significant adverse impact on groundwater quality.
Attachment A Page 3
Critical Aquifer Recharge Areas
In urban growth areas land divisions may be allowed which create lots less
than one acre in size which rely on on site septic systems Such approvals
shall be conditioned so that the total development allowed within the area to
be divided shall not exceed an average density of one dwelling unit per acre, or
an equivalent waste water volume until such development is served by public
sewer.
Outside of urban growth areas subdivisions which provide for clusters of
residential development where the cluster of residential lots exceed one lot per
acre shall be evaluated to assure that they do not have localized affects that
might have a significant adverse impact on wells or surface water bodies
lawn,
5 In urban growth areas new construction which relies on on-site septic systems shall
not be allowed to exceed a density of one dwelling unit per acre, or an equivalent
waste water volume except for the development of one dwelling on lots existing or
vested by December 5, 1996.
4. Fr An Environmental Geological Report or Assessment shall be required for industrial and
commercial activities except for agriculture and forest practices in the Class I critical
aquifer recharge areas Industrial and commercial activities
determined by the Director and the Health Director likely to pose a threat to a Class II
or III aquifer shallmay require an environmental geologic report.
5. Industrial and commercial activities except for agriculture and forest practices may be
subject to on-going monitoring requirements as part of the required mitigation.
6. -7-. Activities in the critical aquifer recharge area which use liquid or soluble hazardous
substances shall provide for secondary containment of materials on-site to prevent the
materials from entering the ground water or leaving the site, or equivalent mitigation.
Provided that:
a Such provisions shall not be in conflict with the Uniform Fire Code or the
Uniform Building Code, and
b Such provisions shall not be required when the amounts of hazardous
materials used are below the thresholds established in the Uniform Fire Code.
7. Chemical manufacturing chemical mixing and remanufacturing and chemical waste
reprocessing are not permitted in the rural lands and the resource lands In urban
growth areas these activities shall not be permitted in critical aquifer recharge areas
unless they are connected with a State Waste Discharge permitted system and any
additional risk that they pose is suitably mitigated
Attachment A Page 4
Critical Aquifer Recharge Areas
areas unless they we
$ Small scale industrial or commercial uses which use hazardous materials not otherwise
prohibited in this Section, and where the quantity,
nature of materials possessed and mitigation methods are determined to pose no
significant risk to groundwater may be permitted consistent with the provisions of this
chapter and other applicable regulations.
9. -8-. Stormwater shall be managed according to the standards of the Mason County
Stormwater Management Ordinance, when adopted, or, prior to that, by the
Department of Ecology's "Stormwater Management Manual for the Puget Sound Basin."
Review of the project shall also take into consideration spill and contamination
prevention of stormwater, surface waters, or groundwater by liquid and soluble
hazardous substances used on the site.
10. �9-. The proper operation and maintenance of community or on-site septic systems is
required in the critical aquifer recharge areas. The standards and procedures to be met
to assure this are as set forth in the "Mason County On-Site Sewage Operation and
Maintenance Program" and any subsequent implementing regulations. Participation in
this program is mandatory for existing and new septic systems in the critical aquifer
recharge areas.
1 1 +0. Landfills and hazardous waste transfer, treatment, and storage facilities are prohibited
in critical aquifer recharge areas.
12. Activities shall not cause degradation of the groundwater quality below the standards
described in Chapter 173-200 WAC.
13. Activities shall comply with any applicable provisions of a wellhead protection program
that affects the rrooject area.
14. All new development within the designated urban growth areas except for single-
family residences built prior to the opportunity to connect to a public sewer system
shall be required to connect to existing public sewer systems or to proposed public
sewer systems as soon as connection is available.
E. CRITICAL RECHARGE AREAS
1. Environmental Geologic Report or Assessment
-ed for any activ�n
An Environmental 6eologic Report or A OR
e a SS I EXTREI IE v 6RIT16 n I n OI IFER RE61 I e R6E a RE a S'
Z7L lY I1LFI J.
a. The report or assessment shall identify the proposed development plans and
the risk associated with on-site sewage disposal systems and other on-site
activities which may potentially degrade the ground water aquifer or confined
reservoirs.
b. The report or assessment shall be prepared by an engineering geologist,
Attachment A Page 5
Critical Aquifer Recharge Areas
hydrologist or licensed professional engineer (licensed in the State of
Washington), qualified to analyze geological and hydrological information and
ground water systems at the direction of the Director.
C. A report shall contain:
(1) A description of the general geological and hydrological characteristics
of the area under permit application consideration.
(2) A description of the local characteristics associated with site drainage
and water movement.
(3) A geologic map with a cross section of the site and adjoining properties
up to 1000 feet away at a scale of 1 inch equals 100 266 feet.
(4) A water well report which describes in detail the lithology of the
penetrated geologic units and the geologic units penetrated in wells in
adjoining properties up to 1000 feet away.
(5) A topographic map of the property and adjoining properties up to 1000
feet away at a scale of 1 inch equals 100 200 feet and a 5-foot
contour interval.
(6) Provide a discussion on the proposed activities and the effects of
sewage disposal, lawn and yard uses, agricultural and animal
husbandry, storm water impacts and any other impact reasonably
associated with the project type.
Add a new definition to Section 17.01.240 DEFINITIONS as follows:
Well head protection area: The area delineated by the well head protection plan for a Class A
public water system and approved by the Washington State Department of Health after June
1994, in accordance to Chapter 246-290 WAC.
Attachment A Page 6
Critical Aquifer Recharge Areas
ATTACHMENT B - ORDINANCE NO. - 97
MASON COUNTY INTERIM RESOURCE ORDINANCE
CRITICAL AQUIFER RECHARGE AREAS
FINDINGS OF FACT
1. Under consideration is a proposal to amend the critical, aquifer recharge area protections of
the Mason County Interim Resource Ordinance (IRO).
2. The proposal is based on the analysis of the Mason County Department of Community as
contained in the Issue Paper -Mason County Interim Resource Ordinance Review - Critical
Aquifer Recharge Areas. The analysis made use of the best available science.
3. The proposal is based on the recommendation on May 9, 1997 by the GMAC Ad Hoc
committee to the Planning Commission.
4. Mason County issued a Determination of Nonsignificance on the proposed changes under
the State Environmental Policy Act on May 16, 1997. The comment period ended May 31,
1997. No comment was received on the proposal. No SEPA comment from any state agency
or tribal organization was received expressing concern with the proposed changes or requesting
additional action by the county. The Department of Community Development has determined
that the minor changes to the proposal do not have significant adverse environmental impacts;
and, therefore, the Determination of Nonsignificance is not withdrawn.
5. Substantial background information on the proposed changes were reviewed by the
Planning Commission, including the Issue Paper and the memorandum prepared by the
Department of Community Development, dated June 16, 1997, with its attachments and
referenced materials and meetings.
6. The Planning Commission held a public hearing on July 1, 1997, and considered the
testimony given along with the record before it. On July 21st, the Planning Commission
approved findings of fact and recommended that the draft proposal be sent to the Board for
approval.
7. The Planning Commission proposal, dated July 21, 1997, made minor changes based on
public comment received at the hearing. These changes adopted protections for well head
protection areas, which are established in a new state program that began in 1994. The
changes also clarified the effect of the critical aquifer recharge areas map. The proposal,
Department of Community Development memorandum dated August 8, 1997, and attached
record were transmitted to the Board.
8. The Board held a public hearing on August 26, 1997. Based on public comment received
at the public hearing and on a review of the record, minor revisions to the proposal have been
prepared for the Board's consideration and action. The first set of revisions do not change the
ATTACHMENT B - ORDINANCE NO. - 97
Findings of Fact - Page 2
authority of the administrator of the ordinance to require environmental geologic reports, but
do reduce the administrator's discretion by making such reports mandatory in some cases.
The revision also makes it clear that mitigation for possible impacts to the aquifer may include
on-going monitoring requirements by the applicant. Another revision deletes the proposal that
existing single-family residences be required to connect to pubic sewer systems, if the systems
become available. This issue was first commented on in the Ad Hoc committee meeting, and
the provision is not required to implement the comprehensive plan, as discussed in the Issue
Paper. In addition, redundant language was deleted, grammatical errors were corrected, and
various subsections were re-numbered as needed.
9. The proposal is consistent with and balances the goals of the Growth Management Act.
The Board finds that the proposal uses best available science to reasonably and effectively
protect the values and functions of the critical aquifer recharge critical areas. That the
proposed ordinance balances the relevant goals of the Mason County comprehensive plan and
the Growth Management Act. With flexible, predictable, reasonable, and effective minimum
requirements; the proposal promotes the goals of economic development, property rights;
affordability of housing, and timely and fair permitting. With the public process and SEPA
coordination, the proposal promotes the citizen participation and coordination goals. With
scientifically based protection, requirements that state water quality standards not be violated,
protections for well head protection areas, provisions to deal with project and site specific
concerns, requirements that development connect with sewers when available, and other
protections for water quality; the proposal promotes the goals of protecting the environment,
encouraging urban growth, and reducing sprawl. With special provisions for timber and
agricultural resources, the proposal promotes the goals of encouraging economic development
and maintaining or enhancing natural resources.
10. The proposal is consistent with and implements the Mason County Comprehensive Plan, as
discussed on the Issue Paper, and elsewhere on the record.
From the preceding findings, it is concluded that the proposal should be approved.
Chair, Mason County Board of County Commissioners Date