Chapter 20.82
PUBLIC UTILITIES

Sections:

20.82.010    Intent.

20.82.020    Permitted uses.

20.82.030    Conditional uses.

20.82.031    Special conditions applicable on utilities meeting the definition of WCC 20.82.030(1) or (2).

20.82.040    Other applicable regulations.

20.82.010 Intent.

The provisions of this chapter regulate the installation, maintenance and operation of public utility lines, pipelines for oil and gas, railroads (but not included switching yards or round houses), or maintenance facilities. The citizen initiative, enacted through Ordinance 90-124, regarding power line placement, Comprehensive Plan land use designations, Comprehensive Plan policy directives and the specific provisions of this chapter, shall be the basis for decisions regarding utility development. This chapter applies to all zoning districts unless stated otherwise. (Ord. 2004-041 § 1; Ord. 2004-014 § 2, 2004; Ord. 96-056 Att. A § T1, 1996; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.82.020 Permitted uses.

.021 Except as provided in WCC 20.82.030, the installation and maintenance, including replacement, of all utility lines including pipes, cables and wires; and associated service equipment together with associated structures such as pump stations and equipment vaults; provided, that above-ground structures shall conform to the size requirements of WCC 20.82.022.

.022 Buildings and structures 100 square feet in floor area or smaller including pump houses, storage buildings, equipment buildings, and similar structures necessary for the operation of the utility.

.023 Water storage tanks owned and operated by a public utility for the sole purpose of providing required fire flow; provided, that the volumes do not exceed 50,000 gallons and height is not in excess of 12 feet above the ground level measured within 20 feet in all directions of the tank. A privately owned water storage tank constructed to provide fire flow for a singular use or property and maintained by the property owner(s) is considered an accessory use to the primary permitted or conditionally permitted use that is to be protected by fire flow supplied from the tank and not subject to regulation as a public utility; provided, the height does not exceed the maximum height allowed in the underlying zone. (Ord. 99-067, 1999; Ord. 96-056 Att. A § T1, 1996).

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 Whatcom County SEPA Ordinance:

(1) Transmission pipelines, or pipelines termed a distribution pipeline but having characteristics that fit the definition of a transmission pipeline, carrying petroleum and petroleum products other than natural gas when such pipelines will be located outside the zoning district classified as Heavy Impact Industrial.

(2) Regional transmission pipelines for the bulk conveyance of natural gas, or pipelines termed a distribution pipeline but having characteristics that fit the definition of a transmission pipeline. Except for the above conditions, natural gas pipelines which are owned and operated by a gas utility company regulated by the State Utilities and Transportation Commission and which are distribution lines owned by the utility that provide natural gas service directly to county citizens and businesses shall not be considered regional transmission lines.

(3) New sewer and/or water lines with an inside diameter greater than eight inches except for the following which shall be permitted outright:

(a) New sewer and/or water lines located and installed by a public utility or municipality in conformance with a state approved sewer and/or water comprehensive plan and consistent with the Whatcom County Comprehensive Plan.

(b) New sewer and/or water line(s) whose principal function is to provide service to a new development(s) approved either by Whatcom County or a municipality.

(c) New sewer and/or water lines for the purpose of addressing a health emergency documented by the state or county health department.

(4) Electronic communications structures and telecommunication towers including associated maintenance and operations structures, provided this section shall not apply to any structures associated with wireless communications facilities.

(5) Water storage reservoirs with volumes exceeding 50,000 gallons or those with height in excess of 12 feet above the ground level measured within 20 feet in all directions of the tank.

(6) Utility structures located above ground such as pump stations, equipment buildings and similar structures greater than 100 square feet in area.

(7) Sewer and water treatment plants, except that sewer treatment plants are prohibited in the Airports Operations Zone.

(8) Electrical substations and electrical powerlines operating at voltages greater than 55 kV (55,000 volts); provided, applications for such substations and power lines shall be processed as a major development permit (pursuant to Chapter 20.88 WCC); provided, that no further major development permit shall be granted for such lines which:

(a) Operate at greater than 115 kV (115,000 volts) except on land where such permits have already been granted or in those districts classified as industrial; or

(b) Operate at 115 kV (115,000 volts) and carry greater than 160 mw (160 megawatts) average loading, except on land where such permits have already been granted or in those districts classified as industrial. For purposes of this section, “average loading” means the average power in megawatts carried by a power line over any 12-month period; provided, that loading at full line carrying capacity may not extend beyond any 90-day period;

(c) Are dedicated to provision of transmission service to (from) an electrical generating plant having a generating capacity greater than 160 mw (160 megawatts), except on lands where such permits have already been granted or in those districts classified as industrial. (Ord. 2004-041 § 1; Ord. 2004-014 § 2, 2004; Ord. 2002-017 § 1, 2002; Ord. 2000-006 § 7, 2000; Ord. 99-067, 1999; Ord. 96-056 Att. A § T1, 1996; Ord. 90-124, 1990; Ord. 88-29, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.82.031 Special conditions applicable on utilities meeting the definition of WCC 20.82.030(1) or (2).

(1) With the proposal of new pipelines, pipeline proponents shall conduct “open house” and “townhall” style public meetings as a requirement of the county land use development permit process and shall provide funds that are sufficient for a third party presentation about right-of-way issues and eminent domain. These presentations will be held when county planning and development deems appropriate, selected by the county, but as early in the permitting process as practical. The county will select a third party to give such presentation, and the third party shall be independent from the pipeline proponent.

(2) Pipeline operators are required to provide accurate “as-built” pipeline maps for approval of any county development permit. Information shall include, but is not limited to, scaled plan maps accurate to the parcel level, pipe size, allowable pressure, fuel type, and average or approximate right-of-way widths.

(3) Required pipeline proponents to notify cities if the proposal is within their urban growth area, all utility providers, and special purpose districts where the siting of new pipelines crosses those service areas. (Ord. 2002-017 § 1, 2002).

20.82.040 Other applicable regulations.

(1) Solid waste facilities and large scale electrical generating plants are not conditional uses under the name “public utilities” but are restricted to where they have been named as uses.

(2) The provisions of this chapter shall not apply to wireless communications services and facilities which are regulated under Chapter 20.13 WCC. (Ord. 2000-006 § 8, 2000; Ord. 99-067, 1999).