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Chapter 31.01
COMPREHENSIVE PLAN OVERVIEWSections:
31.01.100 Authority for planning.
31.01.200 Growth management goals.
31.01.300 Overview of Plan objectives.
31.01.400 Plan consistency.
31.01.500 Public participation.
SOURCE: ADOPTED:
Ord. No. 573, 1995 06/27/95
31.01.100 Authority for planning.
This Comprehensive Plan and any ordinances intended to implement this Plan are adopted under the authority of the Clallam County Charter, the Growth Management Act of 1990 (Chapter 36.70A RCW), and the Planning Enabling Act (Chapter 36.70 RCW), as now or hereafter amended.
It is the purpose and intent of this Comprehensive Plan to provide a guide for coordinated and orderly growth and development of the land and physical improvements in the unincorporated areas of Clallam County, including State lands. This Plan designates all lands within the Olympic National Forest as commercial forest lands of long-term commercial significance. The goals and policies of this Plan pertaining to such a designation shall be pursued by Clallam County in cooperation with the U.S. Forest Service. This Plan does not guide physical improvements on tribal trust lands. The County and various tribes are encouraged to work together to coordinate development plans and provide for orderly growth. Together with common goals expressing the public’s interest in the conservation and wise use of our lands, this Plan provides for the orderly growth of all the various uses of land; these common goals promote the public health, safety and welfare, and encourages economic development and efficient provision of public services and facilities.
31.01.200 Growth management goals.
The Growth Management Act identified the following goals to guide the development and adoption of comprehensive plans and development regulations. The goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations.
(1) Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
(2) Reduce Sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with County and city comprehensive plans.
(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this State, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.
(5) Economic Development. Encourage economic development throughout the State that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this State, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the State’s natural resources, public services, and public facilities.
(6) Property Rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.
(7) Permits. Applications for both State and local government permits should be processed in a timely and fair manner to ensure predictability.
(8) Natural Resource Industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.
(9) Open Space and Recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.
(10) Environment. Protect the environment and enhance the State’s high quality of life, including air and water quality, and the availability of water.
(11) Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
(12) Public Facilities and Services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
(13) Historic Preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.
31.01.300 Overview of Plan objectives.
Clallam County adopted its first comprehensive land use plan in 1967. With the significant growth that the County experienced in the late 1960’s and early 1970’s, the County updated the Comprehensive Plan, and for the first time, adopted zoning and land division controls.
Regulation of private property, however, did not receive immediate wide-spread support. Community opposition and court challenges resulted in limited land use controls until a new comprehensive plan and zoning ordinance were adopted in 1982.
The 1982 Comprehensive Plan provided planning objectives similar to this new Comprehensive Plan. Urban areas were designated around the three (3) cities and around the principal rural community centers. Forestry zoning worked towards protecting forest lands from conversion to residential development. Rural policies identified appropriate densities and services to be expected within those areas.
The 1982 Comprehensive Plan, however, did not achieve many of the objectives that the Growth Management Act of 1990 intended to address. Some of the issues that the current plan tries to address include:
Setting larger parcel sizes for commercial forest areas to provide even greater protection to this resource base (eighty (80) acre lots vs. twenty (20) acre lots);
Limiting the size of urban areas to reasonable growth projections and planning for urban services to be provided to those areas in an efficient manner;
Encouraging growth within urban growth areas as a priority over growth into rural areas;
Conserving agricultural lands;
Adopting a transportation plan that ties land use densities to transportation needs;
Ensuring that capital facilities are planned to be provided at the time of development, or a financial commitment is in place to ensure they are provided in a timely manner;
Adopting affordable housing goals and strategies;
Adopting economic development goals and objectives;
Reducing sprawling low-density development in rural areas and conserving the rural character of our rural areas;
Recognizing and acknowledging the presence of tribal governments and their influence;
Setting specific criteria for land use designations and specific criteria for amendment of the plan; and
Setting specific land use policies based on regional comprehensive plans, developed from the regional setting, rather than from a centralized planning function.
This Comprehensive Plan, based on the requirements of the Growth Management Act (GMA), establishes a framework for coordinated and comprehensive planning which will help Clallam County and its cities to manage growth in a manner which best fits Clallam County.
The GMA calls for urban growth areas where urban development will be encouraged and can be supported with adequate public facilities and services. At the same time, the GMA discourages the inappropriate conversion of undeveloped land into sprawling, low-density development and encourages conservation of rural character and resource lands. These three (3) general land uses (urban, rural and forest resource) form the framework for more specific land use designations, which are found in one of four (4) regional subarea plans.
The objective of the County-wide Comprehensive Plan is to identify the goals and policies for those issues that are of a County-wide nature, and provide the framework for adoption of regional comprehensive plans. Those issues that are of a County-wide nature are: forest and mineral lands, urban growth and sprawl, transportation, economic development, affordable housing, natural, historical and cultural resources, utilities and capital facilities.
The objective of regional comprehensive plans is to provide specific means to implement the general plan objectives of the County. Rural and urban land use policies should provide specific maps and strategies to implement the plan. Specific ways to implement transportation, housing, economic development, or public facility and service objectives should be sought in the regional plans.
The Comprehensive Plan should be a dynamic tool to address ongoing concerns, new information or new issues. Although this Plan seeks to achieve stability in land use regulations, it is expected that the Plan will need to be reviewed periodically to ensure it is meeting growth management objectives. Also, as new information might become available, such as water and sewage disposal studies, it might be necessary to amend this Plan.
The County will support business and industrial development which strengthens and diversifies the economic base, creates family wage jobs, develops and operates in a manner that promotes and protects the environment and efficiently uses our natural resources. Efforts should be focused on small to medium sized industries. The County should continue to be marketed for tourism and retirement. Infrastructure should be in place in order to attract industrial and commercial operations. Regulations should be consistent, fair, and timely.
31.01.400 Plan consistency.
In order to have a comprehensive plan that provides clear direction, it is necessary that the Plan be both internally and externally consistent. Although the 1982 Comprehensive Plan generally achieved this objective, the Growth Management Act of 1990 now requires this consistency.
First, the Comprehensive Plan is adopted based on the State goals and guidelines of the Growth Management Act. One of the requirements of the Act was for the County and cities to adopt a County-wide Planning Policy that formed the framework for adoption of County and city comprehensive plans. The County-wide Planning Policies ensure that the County and city comprehensive plans achieve consistency between jurisdictions. It is imperative that the County-wide Planning Policies be reviewed prior to adoption or amendment of the Comprehensive Plan, and that the Plan is determined to be consistent with the County-wide Planning Policies.
The County Comprehensive Plan also includes four (4) regional subarea comprehensive plans: Sequim-Dungeness, Port Angeles, Straits and Forks-West End. Similar to the relationship of the County-wide Planning Policy to the County-wide Comprehensive Plan, regional comprehensive plans must be determined to be consistent with the County-wide Plan. For example, the County-wide Plan identifies forest lands of long-term commercial significance to be a County-wide issue; policies and criteria within that section of the Plan ensure that these lands are conserved. It would be inconsistent to have regional plans adopt conflicting strategies for conservation of forest lands.
An issue that needs careful consideration in the adoption of the four (4) regional subarea comprehensive plans is consistency between regions. It is possible that the four (4) regional plans could have widely varying land use classifications and development standards. This could result in the County adopting four (4) different sets of development regulations. This approach could be an administrative nightmare, but does reflect the different visions and values of the very different regions. Where possible, the regional subarea plans should strive to find consistency between the plans.
A Comprehensive Plan must also be internally consistent. The transportation element must be consistent with the land use element. Rural land use densities must be consistent with the need to protect environmental quality and encourage growth into urban areas. Making this internal consistency test requires that the framework of the Plan and any amendments to it are adopted with a comprehensive analysis of one section’s impact on other sections.
Finally, any ordinance which regulates development of property requires consistency with the Comprehensive Plan. Prior to passage of the Growth Management Act, the Comprehensive Plan was only a “guide” to the physical development of the County. Land use ordinances, such as zoning, took precedence over the Comprehensive Plan where conflicts existed. Any ordinances now adopted to implement this Comprehensive Plan must be consistent with the Plan. The following figure identifies the relationship of development regulations and capital budget decisions which must be consistent with the Plan.
31.01.500 Public participation.
The County established procedures for early and continuous public participation soon after passage of the Growth Management Act. Consistent with the phasing of plans required by the Act, the County first concentrated on measures to conserve resource lands and protect critical areas, then focused on County-wide Planning Policies, urban growth areas, and finally comprehensive plans. The development of proposals and opportunity for comment followed this sequence.
Many of the County’s plan elements have been developed through citizen advisory committees, either special task forces or standing committee like the County Planning Commission and Shorelines and Sensitive Areas Committee. In the western parts of the County, a new regional planning commission was appointed jointly with the City of Forks and community councils in Joyce and Clallam Bay-Sekiu were established.
The County has reached out to citizens and landowners through various means to ensure that proposals and alternatives reach the affected parties. Prior to any work getting accomplished, the County held public workshops in all three (3) cities to outline the requirements of the Growth Management Act and the ways in which the County proposed to solicit feedback. Workshops and early neighborhood meetings have been regularly scheduled on plan proposals and development regulations prior to public hearings and adoption.
The County has used the various news media to also reach audiences. Television, newspaper and radio spots have been continuous throughout the process. One regional plan used live television for getting the information out. The County has prepared brochures for handing out to the public, published a regular newsletter identifying issues and opportunities for input, and delivered direct mailings on proposed growth management elements.
The Comprehensive Plan has also been developed on two (2) tiers: County-wide and regionally. This approach was chosen not only because the land use issues varied so greatly between the regions, but also because the plans and opportunities for open discussion of the issues would be more detailed. This approach has been very successful, as the regional comprehensive plans have received considerable attention from the citizens within that region.
Chapter 31.02
COUNTY-WIDE COMPREHENSIVE PLANSections:
31.02.050 Definitions.
31.02.110 Resource land issues.
31.02.115 Agricultural resource land inventory and issues.
31.02.120 Agricultural resource land goals.
31.02.130 Forest land issues.
31.02.140 Forest land goals.
31.02.145 Mineral resource land issues.
31.02.150 Mineral land goals.
31.02.210 Urban growth and sprawl issues.
31.02.220 Urban growth areas.
31.02.230 Urban growth area designation policies.
31.02.240 Urban growth area implementation policies.
31.02.250 Urban growth area amendment process.
31.02.255 Urban growth area locations.
31.02.260 Rural growth.
31.02.263 Limited areas of more intensive rural development.
31.02.265 Existing rural centers.
31.02.270 Master planned resorts.
31.02.275 Commercial and industrial land uses.
31.02.280 Housing.
31.02.285 Public utilities, facilities and services.
31.02.310 Natural, historical, and cultural resource issues.
31.02.320 Environment and open space goals.
31.02.330 Historic and cultural resources.
31.02.410 Transportation – Background issues.
31.02.415 Transportation – Inventory.
31.02.420 Transportation – Goals and policies.
31.02.425 Land use assumptions and forecasting methodology.
31.02.430 Transit demand and supply level of service standards.
31.02.432 Future transit service needs.
31.02.435 Transit-compatible design standards and development checklist.
31.02.440 Clallam County bicycle plan.
31.02.441 Existing bicycle facilities.
31.02.442 Bicycle routes.
31.02.444 Bicycle facility improvement needs.
31.02.510 Affordable housing issues.
31.02.520 Affordable housing goals.
31.02.610 Economic development issues.
31.02.620 Economic development goals.
31.02.710 Utility issues.
31.02.720 Utility goals.
31.02.810 Capital Facilities Plan issues.
31.02.820 Goals of the Capital Facilities Plan.
31.02.910 Generalized land use maps.
SOURCE: ADOPTED:
Ord. No. 573, 1995 06/27/95
AMENDED SOURCE: ADOPTED:
Ord. No. 584, 1996 02/27/96
Ord. No. 700, 2000 12/05/00
Ord. No. 725, 2002 08/06/02
Ord. No. 768, 2005 01/25/05
Ord. No. 787, 2005 12/20/05
Ord. No. 800, 2006 12/19/06
Ord. No. 827, 2007 08/28/07
Ord. No. 829, 2007 12/11/07
31.02.050 Definitions.
(1) “Adequate public facilities” means facilities which have the capacity to serve development without decreasing levels of service below minimums established in the Capital Facilities Plan.
(2) “Affordable housing” refers to housing which costs no more than 33 percent of the income of very low, low, and moderate income families, defined as:
(a) “Very low income” shall mean those households that have incomes that are below 50 percent of the County-wide median.
(b) “Low income” shall mean those households that have incomes that are between 50 and 80 percent of the County-wide median.
(c) “Moderate income” shall mean those households that have incomes within the range of 80 to 95 percent of the County-wide median.
(3) “Agricultural land” means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
(4) “Archaeological resources” or “archaeological significance” means real property, including, but not limited to, submerged and submersible lands and the bed of the sea within the State’s jurisdiction, that contains archaeological objects. “Archaeological object” means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, and technological by-products. (Source: RCW 27.53.030)
(5) “Available for occupancy” refers to when public facilities and services necessary to support development must be adequate. For the purposes of this Comprehensive Plan, available for occupancy shall mean when a building permit required for new construction is required pursuant to the International Building Code, as now or hereafter amended. The term “building permit,” as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area or number of dwelling units resulting therefrom. In those instances where a change in land use does not require a building permit, “available for occupancy” shall refer to final development permits, such as land divisions or binding site plans, that require public facilities and services to support the development.
(6) “Available public facilities” means that facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specific time.
(7) “Best conventional technology” is defined as the application of control technology on conventional pollutants that is reasonably available considering technological and economic feasibility. It is determined on a case-by-case basis, taking into account the impact, the availability of additional controls, the reduction to be achieved, the capital and operating costs, and the impact of additional controls on environmental quality (i.e., does it make an appreciable difference). Best conventional technology can include procedures (such as stormwater plans, maintenance schedules, and best management practices; as well as infrastructure) like constructed wetlands, alternative sewage disposal systems, and treatment plants.
(8) “Characterized by urban growth” refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
(9) “Comprehensive Plan” means a generalized coordinated land use policy statement of the County adopted pursuant to the Clallam County Charter, Growth Management Act of 1990 (Chapter 36.70A RCW) and the Planning Enabling Act (Chapter 36.70 RCW).
(10) “Concurrency” means that capital facilities necessary to serve development, as identified in the capital facilities element of the Comprehensive Plan, are available to serve new development no later than the impacts of the new development, except that adequate roads and other County capital facilities identified in the capital facilities element shall be available no later than six years after the impacts of development.
(11) “County-wide Planning Policy” is a written policy statement or statements used solely for establishing a County-wide framework from which County and city comprehensive plans are adopted pursuant to the Growth Management Act. This framework shall ensure that city and County comprehensive plans are consistent as required in RCW 36.70A.100. The legislative authority of the County shall adopt this policy in cooperation with the cities within the County. Nothing in this policy shall be construed to alter the land use powers of cities.
(12) “Critical aquifer recharge areas” includes those land areas which contain hydrogeologic conditions which facilitate aquifer recharge and/or transmitting contaminants to an underlying aquifer.
(13) “Critical areas” includes the following areas and ecosystems:
(a) Wetlands;
(b) Areas with a critical recharging effect on aquifers used for potable water;
(c) Fish and wildlife habitat conservation areas;
(d) Frequently flooded areas; and
(e) Geologically hazardous areas.
(14) “Cultural resources” are those tangible and intangible aspects of cultural systems, both past and present, that are valued by or representative of a given culture, or that contain information about a culture. Tangible cultural resources include, but are not limited to, sites, structures, districts, landscapes, objects, historic documents, natural resources, physical features regarded as sacred and/or places of worship and ceremony.
(15) “Development regulations” means any controls placed on development or land use activities by the County, including, but not limited to, zoning ordinances, land division ordinances, critical or sensitive area ordinances, and binding site plan ordinances.
(16) “Development rights” refers to an interest held by a property owner and called the “fee simple” interest. This interest is like a bundle of sticks, each of which represents a right associated with the property. Such rights might include the right to farm, to extract minerals, to cut timber, to build residential structures, to build commercial developments, and to do anything else with the property unless prohibited by law. These rights can be separated from the “dominant estate” and transferred to other parties as “less-than-fee interests.” An easement is one such less-than-fee interest; conveying development rights to another parcel is another way; and purchasing the development rights at appraised value may be another way. Development rights can be diminished or taken away by regulation, within constitutional limits, or can be condemned when purchased at appraised value.
(17) “Essential public facilities” means facilities that are typically difficult to site, such as airports, State education facilities, and State or regional transportation facilities as defined in RCW 47.06.140, State and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020.
(18) “Forest land” means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered:
(a) The proximity of the land to urban, suburban, and rural settlements;
(b) Surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses;
(c) Long-term local economic conditions that affect the ability to manage for timber production; and
(d) The availability of public facilities and services conducive to conversion of forest land to other uses.
(19) “Geologic hazardous areas” means those areas susceptible to erosion, sliding, earthquake, or other geological events.
(20) “Historical resources” or “historical significance” means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which has historic significance and which is listed in a local register, State or National Register of Historic Places. “Historical significance,” used in this context, means a property which helps in the understanding of the history of the local area, state, or nation (whichever is appropriate) by illuminating the local, State-wide, or nation-wide impact of the events or persons associated with the property, or its architectural type or style in information potential.
(21) “Home enterprise” is a revenue generating enterprise which is located in a dwelling and is subordinate to and incidental to the residential use of the dwelling.
(22) “Home-based industry” is a commercial, manufacturing or processing business located on a parcel together with an existing dwelling. The industry is located in a fully enclosed building separate from the dwelling and no larger than 2,000 square feet, limited to no more than two part-time or full-time employees other than the owner.
(23) “Level of service” means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. Typically, measures of levels of service are expressed as ratios of facility capacity to demand (i.e., actual or potential users).
(24) “Long-term commercial significance” includes the growing capacity, productivity, and soil composition of the land for sustained commercial production, in consideration of the land’s proximity to population areas, and the possibility of more intense uses of the land.
(25) “Master planned resort” refers to a development which may be permitted and which constitutes urban growth outside of urban growth areas. A master planned resort means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities.
(26) “Mitigation” means:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or
(f) Monitoring the impact and taking appropriate corrective measures.
(27) “Public facilities” include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
(28) “Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(29) “Regional comprehensive plans” or “subarea plans” refers to one of four geographic areas addressed in a comprehensive plan which provides specific guidelines for land uses, public facilities and services, transportation, environmental protection, and other elements of the comprehensive plan, not addressed in the County-wide Comprehensive Plan. Regional comprehensive plans provide opportunities for making local decisions consistent with County-wide plan objectives.
(30) “Rural areas” or “rural land” means land located outside of designated urban growth areas and outside of designated agricultural, forest, and mineral resource lands of long-term significance under this Comprehensive Plan.
(31) “Rural character” means the existing and preferred patterns of land use and development established for lands designated as rural areas or lands under this comprehensive plan. Rural characteristics include, but are not limited to:
(a) Open fields and woodlots interspersed with homesteads and serviced by small rural commercial clusters; and
(b) Low residential densities, small-scale agriculture, woodlot forestry, wildlife habitat, clean water, clean air, outdoor recreation, and low traffic volumes; and
(c) Areas in which open space, the natural landscape, and vegetation predominate over the built environment; and
(d) Lifestyles and economies common to areas designated as rural areas and lands under this Plan; and
(e) Visual landscapes that are traditionally found in areas designated rural areas and lands under this Plan; and
(f) Areas that are compatible with the use of the land by wildlife and for fish and wildlife habitat; and
(g) Areas that reduce the inappropriate conversion of undeveloped land into sprawling, low-density development; and
(h) Areas that generally do not require the extension of urban governmental services; and
(i) Areas that are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.
(32) “Rural development” means development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.
(33) “Rural governmental services” or “rural services” means those public services and public facilities historically and typically delivered at an intensity usually found in rural areas and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers except as otherwise authorized by RCW 36.70A.110(4).
(34) “Shall” means the statement is mandatory, and the action so stated is required to be done without discretion by decision-makers. The use of “shall” in a statement indicates that the action is imperative and ministerial.
(35) “Should,” used in a statement, indicates that discretion may be used in deciding whether or not to take action. The use of “should” is intended to give decision-makers discretion in matters where exceptions are warranted by such factors as physical hardships and special circumstances or when funding must be taken into consideration.
(36) “Transportation facilities” includes capital facilities related to air, water or land transportation.
(37) “Urban growth areas” means those areas designated by Clallam County pursuant to the policies in the County-wide Planning Policy and the Comprehensive Plan.
(38) “Urban growth” means growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development as provided in RCW 36.70A.070(5)(d) is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services.
(39) “Urban services” include those services historically and typically delivered by cities or other identified service provider, such as a utility district, and which at a minimum include the provision for sanitary waste, solid waste disposal systems, water systems, urban roads and pedestrian facilities, public transportation systems, stormwater systems, police and fire and emergency service systems, electrical and communication systems, school and health care facilities, and neighborhood and/or community parks.
(40) “Wetlands” includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands do not include those artificial wetlands created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands.
31.02.110 Resource land issues.
A goal of the Growth Management Act of 1990 is to “Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries...[and] Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.” The Act requires local governments to classify and designate agricultural, forest and mineral resource lands and to adopt interim development regulations to assure their conservation. This chapter supports County-wide efforts to maintain, enhance, and to conserve resource lands, and to discourage incompatible uses adjacent to resource lands, particularly forest and mineral lands.
31.02.115 Agricultural resource land inventory and issues.
(1) Agriculture in Clallam County has played a vital role in the heritage, culture, and economy of the area. The County’s temperate climate, good soils, and irrigation system provide a strong basis for commercial agriculture. Clallam County was once a major producer of a wide variety of agricultural products such as milk and butter, potatoes, apples, and vegetables. At its peak in 1950, Clallam County had over 75,000 acres in agricultural production; the current acreage is much lower.
In the 2002 USDA Census of Agriculture, Clallam County’s agricultural production was valued at $17.8 million. This production value was based on 455 farms including 22,372 acres. (The USDA definition of farm being “any place from which $1,000 or more of agricultural products were produced and sold, or normally would have been sold during the census year” (USDA 2002).) These farms employed 1,190 persons with a payroll of $4.6 million.
During the period of March to September 2006, the Clallam Conservation District partnered with the County to perform an inventory of farms throughout the County. Conservation District personnel drove all County roads to visually inventory and characterize farms, using aerial photographs and parcel maps to determine parcel size. For the purpose of this inventory, land was classified as a farm not by value of products produced or sold as defined by the USDA but whether horses or livestock were present (even if at limited numbers) or whether an agricultural product was produced (hay, grain crops, wineries, produce, nursery crops, etc.). Small backyard operations were not inventoried unless there was evidence that they were selling an agricultural product. A total of 1,252 farms were inventoried, totaling approximately 22,224 acres: 805 farms had horses; 404 farms had livestock such as cattle, goats, pigs, sheep, and llamas; and 232 farms produced an agricultural product.
This latest inventory shows the continued decline of farms in Clallam County. Factors contributing to this decline include, but are not limited to:
(a) Regions of larger scale agriculture with lower unit costs have developed, such as in Eastern Washington, against which Clallam County is not competitive;
(b) Developments in transportation, storage, refrigeration, and processing technology allow remote producers to service local markets that small local farms used to dominate;
(c) Changes in USDA regulations and policies have favored large-scale industrial agriculture to the detriment of small-scale agriculture commonly found in Clallam County. For example, there is no USDA-approved slaughter and processing facility near enough to Clallam County to make marketing local beef viable;
(d) As farming has declined, so too have agricultural suppliers, processors, and other agricultural infrastructure needed to maintain a healthy agricultural industry;
(e) Global agricultural corporations have dominated agriculture and the food industry to the exclusion of areas like Clallam County;
(f) Clallam County has become a highly desirable place to retire, vacation and live, and the residential real estate market has driven farm land prices beyond the point of financial viability for most farming activities; and
(g) Effective public policies needed to support the significant change in local agricultural industry from large commercial farms to more high-value, unique agricultural products and services on smaller farms.
(2) Agricultural Land Protection Programs. Clallam County has demonstrated its willingness to provide for long-term preservation of agricultural resource lands through several agricultural land protection programs:
(a) Designated Agricultural Retention Lands. The Washington State Growth Management Act (GMA) requires counties to designate agricultural lands of long-term significance for the commercial production of food or other agricultural products (RCW 36.70A.170). Clallam County has designated and zoned approximately 6,194 acres of land as Agricultural Retention (AR), as the County’s GMA designated agricultural lands of long-term significance. All of this acreage is located in the Sequim-Dungeness Planning Region. The AR designation is intended to conserve and maintain agricultural lands through limitations on allowed residential density and uses, and incentives for new development that conserves a minimum of 75 to 88 percent of the property as an agricultural reserve. Clallam County has adopted disclosure provisions that designate agriculture within the AR zone as a favored land use that will not be considered a nuisance when conducted consistent with current best management practices and other applicable regulations.
(b) Rural Zoning. Outside of designated and zoned agricultural retention lands, exist numerous small to moderate size farms scattered throughout the County that are involved in raising livestock, crops, and/or other agricultural activities. These farms are an important part of the County’s rural character and economy. Clallam County supports agriculture as an allowed land use within rural designated and zoned lands. It is estimated that approximately six percent of the County’s 103,000 acres of designated rural lands is associated with agricultural land uses.
(c) Purchase of Development Rights. Conservation of agricultural land through private and/or public purchase of development rights (PDR) is a tool being used to preserve local farmland. An agricultural PDR program acquires all or some of the development rights attached to a particular property, while the owner maintains the right to utilize the land for agricultural purposes. The value of a development right is generally the difference between the market value for development versus farmland. Clallam County and other project partners have purchased the development rights on 44 acres of farmland through a combination of County, private, and federal funds. As of 2006, approximately 170 acres of eastern Clallam County farmland have been protected through private and/or public PDRs.
(d) Transfer of Development Rights (TDR). The County has had a TDR program in the Sequim-Dungeness region since 1998, but to date no one has chosen to participate. The TDR program allows for transfer of development rights from land designated and zoned Agricultural Retention (AR), or TDR sending area, to designated TDR receiving areas within the unincorporated Sequim Urban Growth Area. Receiving area landowners can obtain higher residential densities through acquiring development rights from AR lands. Similar to PDR program, the value of a development right is generally the difference between the market value for development versus farmland.
(e) Tax Incentives. Clallam County continues to support agricultural land conservation, whether designated for long-term commercial significance or not, through property tax incentives (current use assessments). Participation in this program can provide landowners with lower property taxes. In 2006, there were 1,366 parcels in the tax incentive program, equating to approximately 12,333 acres.
(f) Other. Clallam County supports the efforts of the Clallam Conservation District, WSU-extension and 4-H programs, Master Gardeners, and the North Olympic Land Trust (NOLT). These agencies and organizations support agriculture. For example, NOLT has arranged for approximately 400 acres of land to be conserved by agricultural easements. The County also supports continued agricultural activities and education at the Robin Hill Farm County Park.
(3) Benefits provided to Clallam County citizens by farms and farmland include:
Improved food security, selection, and quality through diversified local production geared to local markets;
Preservation of the rural character, local culture, and quality of life;
Creation and maintenance of a visually pleasing landscape;
Preservation of valuable historic and cultural resources;
Preservation of biodiversity and wildlife habitat;
Improved watersheds/reduced likelihood of flooding (compared to development);
Recharging of aquifers through irrigation;
Economic diversification;
Attraction of tourists and tourism dollars to the County; and
Preservation of options for future generations.
Despite the problems faced by our agricultural industry, Clallam County retains many attributes that can support continued agriculture:
A moderate, temperate climate that is ideal for the production of caneberries (e.g., raspberries, blackberries) and brassica crops (e.g., cabbage, cauliflower), and which makes year-round production of some vegetable crops possible;
Excellent agricultural soils, some of them unique to Western Washington;
An irrigation system that mitigates impacts to production in drought years;
Unique microclimates – varied rainfall patterns, elevations, and temperatures across the County make crops such as mushrooms, rhubarb, and artichokes ideal for the West End of the County, while the East End has microclimates suitable for other types of crops such as caneberries and brassica crops;
High tourism draw from the combination of farms, mountains, and sea, all in close proximity; and
Access to a large progressive market in the greater Puget Sound that is receptive to high quality, high value products that can be grown here.
Most importantly, Clallam County still has many resilient, innovative, and committed farmers and farm families who want to retain their agricultural lifestyle and livelihoods. These farms include both traditional, large-scale commercial enterprises and new small-scale, intensive agricultural ventures producing alternative farm products such as high value vegetable seeds, lavender, flowers, berries, and organic vegetables.
(4) Family Farms, Local Food Systems, and Food Security. The ability of an area to maintain access to enough healthy food to sustain its population through economic upheavals, natural disasters, wars, and other emergencies is referred to as food security. The concept of food security is based on sound, sustainable farms and local food systems, which have ecological, social and economic components that are in balance and that are self-renewing. Systems based on local, family farms, with access to local or regional processing and marketing of food are far more resilient to large-scale disruptions that could paralyze the international flow of food, fuel, and other resources. Maintaining at least a modicum of local family farms and agricultural infrastructure for locally produced food is critical to enhancing local food security. Additionally, locally produced and processed food can be sold to local schools and other institutions, which would further enhance the future of agriculture and food security in Clallam County.
(5) Models of Local Agricultural Success.
(a) Organic Fruits and Vegetables. The demand for organic fruits and vegetables is growing rapidly in America. Clallam County, with its temperate, mild climate, as well as some excellent soils, is an ideal area to grow a wide variety of organic fruits and vegetables. One local organic farmer who started growing and selling organic vegetables over 30 years ago in Clallam County is now one of the largest organic vegetable farmers in the State, and currently sells organic produce throughout the region and into California. Many of these vegetables can be grown and harvested essentially year-round in eastern Clallam County due to its mild climate and relatively low rainfall.
(b) Agritourism. Clallam County’s lavender industry is another example of the market niches farmers can identify and develop to make their farms profitable and sustainable. Our lavender farmers produce a wide array of value-added lavender products and have developed an agritourism industry to complement the sales of lavender products by selling the experience of visiting lavender farms and the region through festivals, farm tours, and other events. Other types of farming can also benefit by cultivating tourists on the farm such as U-pick berry farms and corn mazes that are popular with locals as well as tourists, farm stays in which visitors pay to work on farms, and farm educational events. Agritourism also benefits other local businesses such as lodging and food service, thus multiplying its economic impact.
(c) Dairy. Clallam County was once one of the major dairy farming regions in the State, but there are now only two remaining commercial dairy farms in the County, milking fewer than 500 cows between them. One of these dairies now processes and sells certified raw milk directly from their farm and in Puget Sound markets, and no longer ships milk out of the County for processing. It also supplies to local cheese producers. Other small dairy farmers around the nation are turning to organic milk production for local markets, processing their milk into artisan, farmstead cheese, yogurt, butter, and other products, or are selling certified raw milk like the Clallam County farmer. This type of dairy farming may be an option for other local farmers.
(d) Seed Production. Clallam County has a major presence in production of vegetable seeds, especially seeds in the brassica family such as cauliflower, cabbage, and Brussels sprouts. In fact, two Western Washington counties, Clallam and Skagit, collectively produce most of the brassica seeds grown in the world.
(6) Changes in Local Agricultural Industry. For farming to survive and thrive in Clallam County, how we view agriculture and how we develop local land use policies and implement development regulations needs to be continuously evaluated and updated. In the past our County policies have been driven by a view of agriculture as largely a producer of farm commodities such as milk, beef cattle, barley, hay, potatoes, or apples. These commodities were either processed locally or shipped out of the County as raw commodities. Clallam County can no longer compete in most of these markets. For farmers to succeed here they need to be innovative and entrepreneurial and to find markets that are not satisfied by the industrial agricultural and food industry. Products such as organic baby salad greens, gourmet lavender barbecue sauce, or farmstead gouda cheese are the high-value, niche products that many small farmers are turning to in order to make a profit.
This will require enhanced capacity to perform local processing and increased efforts to effectively brand and market Clallam County farm products. These and other new agricultural opportunities can continue and expand in the County if supported by local land use policies and regulations that allow farm entrepreneurs to explore and exploit these types of farming niches. There are a few large, commercial farms left in Clallam County that have adapted to changing economic conditions, but the future of agriculture in Clallam County will largely be determined by operators who produce high-value, unique products and agricultural services on relatively small farms.
The need to redefine and broaden what we mean by the term “farm,” and in so doing develop policies and programs that support this new vision of agriculture, exists in many places, not just in Clallam County. The Washington State Legislature passed legislation in 2004, which was amended in 2006, that essentially redefined what agriculture is; including references to “agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products, including support services that facilitate these activities” (RCW 36.70A.177). The State of Washington now recognizes that the needs of many farmers are much broader than in the past, and that small, innovative, entrepreneurial farmers require the ability to sell everything from high-dollar, value-added products to farm experiences on agritourism-oriented farms.
31.02.120 Agricultural resource land goals.
(1) Clallam County shall work to promote a strong, economically viable and ecologically responsible agricultural economy.
(2) Clallam County should provide incentives to encourage continued agriculture operations by providing property tax incentives, education and technical assistance, and the permitting of compatible on-farm enterprises subject to applicable performance standards.
(3) Clallam County shall incorporate right-to-farm provisions in its regulations.
(4) Clallam County should ensure that public actions are managed to minimize disruption of agricultural activity. When permanent conservation of a parcel of farmland is assured, utilities and transportation should be designed to minimize conflicts with farming.
(5) Clallam County shall work with federal agencies, the State, cities, tribes, irrigation districts and companies, Clallam Conservation District, and utility providers to conserve agricultural areas. Agricultural lands of long-term commercial significance shall not be annexed to cities, become incorporated or be included in urban growth areas unless the property’s development rights have been purchased or transferred prior to or concurrent with annexation or inclusion in an urban growth area.
(6) Agricultural land users shall be encouraged to maintain water quality, protect fish and wildlife consistent with commercial agriculture and prevent erosion of valuable agricultural soils.
(7) Clallam County shall support the work of the Clallam Conservation District to assist agricultural land users with maintenance and improvement of water quality, conservation of irrigation water, protection and enhancement of fish and wildlife habitat and biological diversity consistent with commercial agriculture, and prevention of erosion of valuable agricultural soils.
(8) Clallam County shall enhance the food security of its citizens and develop the local farm economy by actively supporting producers of food and other agricultural products for local consumption and supporting policies that encourage local institutions to purchase local food.
(9) Clallam County shall actively encourage the retention of agriculture by educating agricultural landowners about public and private programs that provide economic incentives to retain land in agricultural production.
(10) Clallam County should actively pursue the preservation of farmland through a purchase of development rights program and other programs.
(11) Finfish hatcheries of State, local, federal and tribal governments shall be designated as agricultural lands of long-term commercial significance. Regional subarea comprehensive plans shall designate the locations of these hatcheries and shall ensure that use of lands adjacent to finfish hatcheries do not interfere with the continued use, in the accustomed manner, including maintenance of water quantity and quality standards, of the finfish hatchery.
31.02.130 Forest land issues.
(1) The forest lands within the County are of significant economic importance to its citizens. Forests are a renewable resource providing abundant building and energy materials. They are a significant value not only to the County but to the State and the nation. The County has lost significant tax revenues due to changing global economic conditions and environmental regulations. This reduction in revenue has led to significant budget reductions and cuts in public services.
(2) Pressures on Forest Lands. County forest lands are being permanently and irreversibly lost through conversion to other uses such as residential development. When forest lands are converted to other uses, important forest functions are impaired. Impervious surfaces accelerate runoff and erosion, degrading water quality and fish habitat. Wildlife habitat is lost, as are wildlife corridors. Development of converted forest land requires that County services must be provided, sometimes in areas distant from population centers. Forest lands that stay in production support family wage jobs in our community. It is the task of this Plan to provide the policy framework necessary to protect our remaining forest lands from conversion to other uses, through regulations and incentives to landowners.
State and federal initiatives have mandated harvest restrictions for habitat protection of endangered species. But forest lands are not lost because of restrictions that last a few years or even a few decades – the other functions of forested land are still operational, and these have their own economic significance. The upper reaches of all of our watersheds are covered in forest, which reduces soil erosion and shades streams, protecting our water supply and our rivers’ anadromous fish spawning grounds. Not only do forests engage in large-scale oxygen production, they also filter pollutants from air. Forests also provide for aquifer recharge, and they offer aesthetic values and open space as well as opportunities for a range of dispersed recreational activities, from hunting and fishing to hiking and nature study.
(3) Multiple Use of Forest Land. Several other industries in Clallam County share the forest products industries’ dependency on timber land. Our forests, with their rivers, streams and spectacular views, contribute significantly to tourism. The wildlife habitat provided by these forests support populations of game animals which further contribute to tourism, sport and subsistence hunting. Forests in our watersheds guard against soil erosion, protecting our water supplies and our rivers’ anadromous fish spawning grounds. Anadromous fish support commercial and sport fisheries. Forest lands provide for aquifer recharge and protect important habitat for non-game wildlife species. Forest lands provide open space as well as opportunities for a range of scattered recreational activities, from hunting and fishing to hiking and nature study. Our proximity to the population centers of Puget Sound creates a significant market in the County for summer homes, cottages and weekend residences. In addition, the forests provide an aesthetic backdrop, attracting persons desiring permanent residences in a wooded rural environment. Our forests can accommodate a variety of economic and recreation uses if wise and judicious management policies are fostered.
(4) Residential Development and Forest Land Management. Long-term commercial timber production can best be realized on parcels 80 acres and larger in size. Parcels this size devoted to growing trees should be considered as capable of being economically and practically managed for such production. Owners of land between 20 and 80 acres in size can realize long-term timber production, but would likely require a residential development component in order to achieve economic and practical use of the parcel. Owners of land under 20 acres tend to favor dwelling-related uses and interest in using the land for long-term timber yield is minimized.
(5) Essential Public Facilities in Forest Lands. Essential public facilities are public capital facilities of a County-wide or State-wide nature which are typically difficult to site. Essential public facilities may be sited in commercial forest lands when suitable sites cannot be located within existing urban growth areas or rural areas to minimize land use conflicts.
(6) Industrial Uses in Forest Lands. Industrial uses which support timber harvesting and timber management activities may wish to locate in the commercial forest areas. Industrial land uses which support timber management activities include log storage and log shipping, equipment shops and storage areas, shake and shingle operations, lumber mills and wood products manufacturing, mineral extraction, and rock crushing. These land uses could also be considered incompatible with commercial forested areas if proper mitigation for impacts to the transportation network and fire protection are not taken.
(7) Master Planned Resorts. A master planned resort, with a primary focus on destination resort facilities consisting of short-term visitor accommodations and indoor or outdoor recreational facilities could be proposed within Clallam County. A master planned resort will require a setting of significant natural amenities. Few, if any, areas with large acreage and significant natural amenities exist that have not been designated as commercial forest lands.
31.02.140 Forest land goals.
(1) Retain suitable forest land in the County in commercial forest land use, because of general economic benefits to the people of the County derived from forests, including timber production and processing, watershed conservation, recreation, and fish and wildlife conservation.
(2) Encourage the retention of public and private commercial large forest land holdings in commercial forest land uses, primarily as a timber resource base for the perpetuation of the County’s forest and timber products industries.
(3) Foster the conservation function and scenic role of the County’s private forest lands, recognizing that certain limited development will be necessary in the furtherance of other forest land goals.
(4) Recognize the economic contribution of forest lands, through timber management and wood products processing industry. It is necessary to allow forest related industries to locate in the forest and especially in the designated forest areas where they have historically existed in order to facilitate timber industry growth and operations. Industries such as log storage and log shipping, and equipment shops and storage areas are suitable in forest areas. Also, shake and shingle operations, lumber mills and wood products manufacturing should be allowed in forest areas.
(5) Encourage classification of forest lands under State forest land taxing laws and thereby minimize conversion pressures due to highest and best use taxation assessment.
(6) Allow recreational developments which require a forested setting, such as primitive campgrounds, picnic areas, trails, boat launches, and other dispersed outdoor recreational developments currently enjoyed on forest lands in commercial forest areas provided that the recreational activity is compatible with commercial timber harvest. Recreational developments which are not compatible with timber harvest include, but are not limited to, golf courses, RV parks, water slides, and other uses not normally found in commercial forest areas.
(7) Clallam County shall conserve forest and mineral resources for productive use by designating resource lands where the principal and preferred land uses will be commercial resource management activities.
(8) Property designated as commercial forest resource lands shall meet the following criteria:
(a) The land is primarily devoted to growing trees (includes clearcuts and plantations);
(b) The “private forest land grade” established in RCW Title 84 is 1 through 4 or the site index for Douglas Fir is greater than 83 feet and for Hemlock is greater than 82 feet (50-year rotation base);
(c) The land does not have access (hookup rights) to municipal sewers;
(d) The parcel has a minimum parcel size of 80 acres or one-eighth of a standard section subdivision or contiguous parcels under one ownership can be grouped to total 80 acres or one-eighth of a standard section subdivision;
(e) The parcel does not meet criteria in subsections (8)(a) through (d) of this section, but are surrounded on at least three sides by lands meeting the definition of commercial forest resource lands;
(f) The parcel is not within the city limits of an incorporated city;
(g) Forest lands are usually found in large contiguous blocks of ownership and are not generally surrounded by residential development (densities do not exceed one dwelling per five acres);
(h) While slope is not a primary criteria for determination of commercial forest, steep slopes in excess of 40 percent slope should generally be included with commercial forest lands due to their unsuitability for development.
(9) Forestry shall be encouraged both within and outside of designated commercial forest lands. Mineral extraction shall be encouraged on designated forest lands and on designated mining sites in other areas.
(10) Clallam County shall work with cities, other public agencies, tribes, and private land owners to conserve public and private resource lands, and to encourage continued resource management.
(11) Resource industries shall use management practices that maintain forest productivity, protect the environment, and protect adjacent land uses. Clallam County shall support implementation of “best management practices” as defined by the Forest Practices Act and the Surface Mining Act on forested lands to provide for environmental protection, wildlife habitat conservation and a viable forest industry.
(12) The primary land use within designated commercial forest land shall be commercial forestry. Other resource industries such as extraction and agriculture shall be permitted within a designated forest resource area when managed to be compatible with forest management. New single-family dwellings shall be allowed in commercial forest areas as a conditional or special use when the home is not incompatible with commercial forestry, provided that a single-family dwelling on legal lots of record less than 80 acres in area should be allowed within designated commercial forest land, subject to applicable performance standards to ensure compatibility with adjacent commercial forest lands. Residential development shall be recognized as a compatible land use on lands
designated as transitional from forestry to rural; provided, that measures are taken to ensure that the development is compatible with the adjacent commercial forest land use.
(13) Land uses adjacent to designated forest lands shall be sited and designed to prevent conflicts with forestry. New, nonclustered residential development adjacent to designated forest lands should be low density, and should be designed and sited to reduce potential conflicts between residences and adjacent forest lands. Each regional subarea plan shall identify the land uses and densities of residential development that are compatible with adjacent long-term commercial harvest of timber.
(14) Lands designated as commercial forest shall remain in large parcels and ownership patterns conducive to forestry.
(15) Residences within designated forest land areas shall be designed and sited to maintain the productivity of the district. Design measures and site plan requirements should be used to provide for fire control and to prevent conflicts with forest management.
(16) A private dwelling in a designated forest production area shall have an approved on-site domestic water supply or be connected to an approved water system which will not be adversely affected by forest practices.
(17) Establishment or expansion of special purpose taxing districts and local improvement districts, except fire districts, in designated commercial forest lands shall be strongly discouraged unless they directly benefit forestry.
(18) Clallam County should offer incentives to encourage conservation of forested lands. Incentives should include property tax benefits, cluster subdivision options, right-to-practice forest practices in the accustomed manner, and technical assistance in harvest techniques, water quality and habitat protection. When conservation of a forest parcel is assured, adjacent land uses, utilities, and transportation should be designed to reduce conflicts with forestry.
(19) Lands that have not been designated as commercial forest lands of long-term commercial significance under this Comprehensive Plan and lands that have not been classified as forest land under Chapter 84.33 RCW and timber land under Chapter 84.34 RCW shall be considered as lands likely to convert to nonforest uses. Timber harvesting on such lands shall be considered a conversion under the Forest Practices Act and comply with County regulations for clearing, grading, drainage, and protection of critical areas. The County shall pursue adoption of an agreement with the Department of Natural Resources to implement this goal by the end of 1995.
(20) Clallam County policy on lands harvested and not reforested under a Class I, II, or III Forest Practices Act (FPA) permit and which are being converted to nonforest uses is that such lands shall have all local permits withheld for a period of six (6) years. This moratorium shall run with the land and be duly noted in the public record. For the purpose of implementing this policy, the conversion of land to nonforest uses shall mean the subdivision of land or the preparation of land for subdivision or construction. Should a landowner wish to remove the moratorium or convert the land to nonforest uses, the owner shall:
(a) Revegetate the land as prescribed by the Department of Natural Resources. Said revegetation shall serve as interim protection measures to stabilize the site for erosion control and to preserve water quality on the site; and
(b) Submit and have approved a conversion harvest plan as is provided for in Class IV conversions. The approval of said plan may include conditions and improvement requirements to control erosion, protect or enhance environmentally sensitive areas, provide visual screening, or other conditions which are intended to reduce impacts to the environment or the area where the land is located.
(21) Clallam County shall require a conversion harvest plan on Class IV forest practices in addition to the forest practices application. Said plan shall consist of a questionnaire and a site plan, as provided for by Clallam County. The purpose of the conversion harvest plan is to address specific environmental and land use questions, and may not necessarily require extensive environmental review as provided for by the State Environmental Policy Act (SEPA).
(22) Clallam County shall work with federal agencies, the State, cities, tribes, ditch companies and utility providers to conserve areas designated as commercial forest land use (CF) and as designated mineral resource sites. Areas with these designations shall not be annexed to cities, become incorporated or be included in urban growth areas unless the property’s development rights have been purchased or transferred prior to or concurrent with annexation or inclusion in an urban growth area.
(23) Land designated as commercial forest shall remain in this classification unless a strong case can be made that the zoning could be changed without affecting the commercial viability of the surrounding forest land. Zone change applications shall meet one of the following criteria:
(a) An error was made in application of the criteria establishing the zone; or
(b) The Board of County Commissioners after giving careful consideration to the value of the resource to the community finds that commercial forestry cannot generate a reasonable return on investment when compared to other forested properties and that growth could not be directed to other nonforested rural lands in the same vicinity.
(24) Essential public facilities may be located in designated commercial forest lands provided the County finds that such facilities cannot otherwise be located in urban areas, are largely self-contained or served by urban governmental services in a manner that adjacent rural or urban development is not promoted. The siting of essential public facilities in resource lands should not interfere with resource management on adjacent resource lands.
(25) Industrial uses which support timber harvesting and timber management activities may be located in designated commercial forest lands provided that the County finds:
(a) That such facilities cannot otherwise be located in urban areas;
(b) The industrial use is largely self-contained or served by urban governmental services in a manner that adjacent rural or urban development is not promoted;
(c) The siting of industrial land uses in resource lands shall not interfere with resource management on adjacent resource lands; and
(d) Only if there is a clear and compelling public benefit to the conversion of the forest land parcel to such uses.
(26) Industrial uses which do not support timber harvesting and timber management activities shall not be located in designated commercial forest lands unless the County finds:
(a) That such facilities cannot otherwise be located in urban growth areas or designated industrial lands;
(b) The industrial use is largely self-contained or served by urban governmental services in a manner that adjacent rural or urban development is not promoted;
(c) The siting of industrial land uses in resource lands shall not interfere with resource management on adjacent resource lands; and
(d) Only if there is a clear and compelling public benefit to the conversion of the forest land parcel to such uses.
(27) Master planned resorts with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities may be located in designated forest lands if the County finds that such development has more long-term economic importance than the commercial harvesting of timber, and if consistent with other criteria set forth in CCC 31.02.270.
31.02.145 Mineral resource land issues.
(1) Mineral resource lands in the County provide vitally needed construction materials to the residential, commercial and industrial sectors of the economy, as well as government agencies charged with road construction and maintenance. Our mineral resources are finite; a stable, low cost source of material can only be assured if measures are taken to protect the resource and allow it to be extracted.
(2) Mineral resources found in Clallam County include sand and gravel, rock, industrial minerals and metallic minerals. The Department of Natural Resources has identified likely locations of these mineral resources. Where these resources exist in rural areas, measures to ensure the continued extraction of these finite resources should be considered. Planning and land use regulations could achieve mineral resource land conservation in the following ways:
(a) Overlay zoning on mineral resource lands giving priority for extraction over subdivision;
(b) Exclusive zoning on mineral resource lands requiring extraction of resources before subdivision;
(c) Forest land zoning with allowance for mineral extraction.
(3) Environmental impacts of mineral extraction can be substantial. Aggregate production temporarily obliterates entire mine-site ecosystems, but this loss can be mitigated with carefully sequenced reclamation. The effects of truck traffic can be a primary concern in designating construction aggregate mines. Damage to river beds can be another major impact of mining. Channel bar scalping can reduce the probability of flooding but can also change the river-bed morphology. Possible reduction of the quantity of groundwater is a concern in new mineral sites. Excavation breaching the lateral or seat-seals of perched aquifers can cause loss of water supplies and other damage. Washington State has several regulations which govern mineral extraction and associated impacts, including but not limited to: Surface Mining Act, Growth Management Act, Water Quality Standards, Shoreline Management Act, and the State Environmental Policy Act.
31.02.150 Mineral land goals.
(1) Based on best known available information, the Comprehensive Plan land use map should designate potential locations of all sand and gravel, hard and durable bedrock, industrial minerals, and metallic mineral deposits.
(2) Development regulations to conserve mineral resource lands shall be as follows:
(a) Mineral extraction and processing should be considered as one land use, subject to appropriate permits.
(b) Mineral extraction and process in commercial forest lands should be permitted outright, and a conditional use in rural and urban land use designations.
(c) The locations of fifty (50) year supplies of construction aggregates should be shown on land use (e.g., zoning) maps made available to the public. Development regulations shall ensure that adjacent land uses do not interfere with the continued use, in the accustomed manner, of these designated lands for the extraction of minerals. Development regulations should include increased setbacks for adjacent residential development, and notice to future purchasers for new residential subdivisions adjacent to an approved mineral resource zone.
(d) Development regulations or review of mineral process and extraction permits should be direct and proportional to the impacts that need to be mitigated. For example, the ordinance or conditions of approval should limit impacts (noise and dust), but not activities (crushing and sorting). Approvals should be valid through completion of the activity with compliance sought through enforcement penalties or performance bonds.
(e) Once a mineral resource site has been established, such site shall be considered a preferred land use and receive protection under a “right to practice mining” ordinance and development proposals within 600 feet of such sites will be reviewed for compatibility with mineral extraction activities.
(f) Mineral extraction operations shall use “best management practices” as required by the Surface Mining Act and County plans, policies and ordinances. Such operations shall reclaim sites for productive forestry, agriculture, residential or other use after mineral extraction operations permanently cease. Newly established mineral extraction operations are required to meet buffering and setback provisions contained in the mineral overlay district in order to reduce impacts on nearby residences.
31.02.210 Urban growth and sprawl issues.
This section addresses the GMA required land use element (distribution and general location and extent of the uses of land for housing, commerce, industry, public utilities and public facilities) and the rural element (land uses that are compatible with the rural character of such lands). This chapter also addresses master planned resorts and essential public facilities.
In the twenty (20) year period from 1970 to 1990, the population of the three (3) cities grew by less than 4,600 people while the unincorporated area grew by more than 17,000 people. Most of the rural growth occurred in the east end of the County, some of it in planned communities such as Sunland, Solmar, Mains Farm, and Diamond Point, but also a significant portion in one-acre tracts. The West End also experienced significant population growth in the 1970’s, but during the 1980’s, approximately half of the population gain was lost.
The Growth Management Act (GMA) establishes a framework for coordinated and comprehensive planning which will help Clallam County and its cities to manage growth in a manner which best fits Clallam County. The GMA calls for urban growth areas where urban development will be encouraged and can be supported with adequate facilities and services. At the same time, the GMA discourages the inappropriate conversion of undeveloped land into sprawling, low-density development and encourages conservation of rural character and resource lands. These three (3) general land uses (urban, rural and forest resource) form the framework for more specific land use designations, which are found in one of four (4) regional subarea plans.
Although every person may be able to recognize “sprawl” when they see it, there are numerous variations of what the term means. Sprawl may be where urban areas have not been able to extend urban services, such as water and sewer systems, or adequate road systems. Sprawl may be where growth continues to spread over larger areas, spiraling outward. Sprawl may be extension of commercial development along main arterials or highways – “strip” development. Sprawl may be where housing or commercial development is not concentrated enough to provide public facilities and services in an efficient manner but too dense to be considered rural in character. Sprawl may be where there no longer is a clear distinction between a city or urban environment and a rural environment.
There are many tools and methods upon which a comprehensive plan can attempt to define and control sprawl, urban growth and rural character. Land use controls, use of physical features, purchase of lands, and setting different standards for public facilities and services between rural and urban areas are all potential tools.
Land use controls, such as housing densities and/or type of uses are one method to define rural areas from urban areas. A minimum density could be set within urban growth areas and a maximum density in rural areas. For example, land divisions in urban areas could be restricted to lots more dense than three (3) units per acre in order to ensure an efficient land use pattern and delivery of services/facilities. Land divisions in rural areas could be restricted to lots larger than one unit per acre.
Land uses can also make a clear distinction from rural to urban areas. In rural areas, people expect a quieter lifestyle: less traffic, minimal public services, animals, such as horses, chickens, etc. Commercial and industrial uses in rural areas could focus on the types of services needed for rural residents, such as feed stores, greenhouses, mineral extraction, and some convenient services like gas stations and small grocery stores. In urban areas, a wide mix of uses could be expected, including major retail, high-density housing, and industrial sites.
Use of physical features, such as rivers or ravines to separate urban areas from rural areas helps to control growth from going outward and serves as a clear line for changes in land uses. When artificial lines are used to distinguish rural areas from urban areas, it is more difficult to control the spread of urban growth. Also, the landowner living on either side of a urban/rural line might be subjected to competing land uses. An urban dweller might complain about the animals of the rural dweller. The rural dweller might be impacted by increased traffic, lights and glare from the urban area. When a major physical feature is used to separate these areas, there is less likelihood for conflicts and greater likelihood that growth could be controlled from “sprawling” outward.
Purchase of lands at the edge of urban areas for greenbelts, parks and open space can help separate urban from rural, particularly in those circumstances where a physical feature cannot be used or where development rights would be severely diminished due to new Growth Management legislation. One community has financed the purchase of farmlands and open space around an entire city. Not only does this provide recreational benefit to the citizens, it also provides a clear distinction of urban areas from the rural area.
While there is a need for growth in Clallam County to be directed into urban areas, people moving here often prefer a more rural setting. How to direct growth into urban areas and discourage suburban or rural sprawl is a challenging task.
31.02.220 Urban growth areas.
Urban growth refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. Rural growth over the last twenty (20) years has made many rural residential areas incompatible with the production of food, etc. These areas, however, do not typically require urban governmental services, such as neighborhood parks, sanitary sewer systems, water systems and stormwater systems. Those areas where these urban governmental services are now provided, or are needed, should be considered for designation as urban growth areas.
Establishing urban growth areas is a major step that Clallam County will take in managing growth. Urban growth areas must include areas and densities sufficient to accommodate the County’s expected growth for the succeeding twenty (20) years. Clallam County population forecasts indicate that an additional 10,000 to 12,000 people in the next twenty (20) years should be planned for. Sufficient areas for growth must be provided within the urban growth areas. However, it is not expected that all growth will occur in urban growth areas. It is not the intent of these policies or the GMA to stop rural growth; it is the intent of these policies to encourage a shift to urban growth where adequate public facilities and services can be provided in a financially feasible manner while conserving resource lands, rural landscapes, and environmental quality.
The Growth Management Act states that growth outside urban growth areas can occur “only if it is not urban in nature.” Furthermore, urban governmental services should not be extended into rural areas. The County-wide Planning Policies state that the “County should designate as urban growth areas those unincorporated areas not in proximity to existing cities, provided that such areas meet the principles established for UGAs and that appropriate service providers are identified to provide the specified urban governmental services.”
In both unincorporated urban growth areas, the reasons for designation as a UGA is assurance that urban residential, commercial, industrial uses would be allowed and urban governmental services can be extended consistent with the vision of those communities and the legal requirements of GMA.
Industrial lands in areas outside of Port Angeles are limited. The unincorporated communities of Diamond Point-Sunshine Acres, Carlsborg, and Clallam Bay-Sekiu offer areas with appropriate services and facilities for light industrial activities. This is also consistent with the economic development goals of the County by encouraging growth in areas experiencing insufficient economic growth.
Public water systems exist in both of the unincorporated UGAs. A public sewer system exists in Clallam Bay-Sekiu. These water systems do not exist only for public health reasons. These water systems exist also for economic development (fire protection for commercial/industrial uses) and to serve urban residential land uses. Section 34 and 35 of ESHB 2929 (RCW 56.08.020 and 57.16.010) also appear to prohibit the extension or location of water and sewer facilities outside UGAs. If GMA prohibits extension of these systems in rural areas, then the vision for extension of these systems within the UGAs and within the financial constraints of the water or sewer purveyor will be thwarted.
Finally, designation of unincorporated UGAs recognizes existing land use rights of private property owners, and keeps the County from arbitrary and discriminatory actions inconsistent with the Act and this Plan. The fact that an area has not been incorporated should not give rise to the conclusion that it should not be designated as a UGA. Cities and towns throughout Washington State have become incorporated for many reasons: frustration with service delivery, land uses, etc. Cities are not necessarily a reflection of urban land use, but a choice in local governance. The incorporation of Bainbridge Island is a case in point. That community did not incorporate because it wanted urban development; it incorporated because of frustration with decisions of County government. There are numerous cities within the State with populations less than 1,000 people and which do not have the full array of urban governmental services that the GMA indicates are appropriate in UGAs. But by default, these areas have been designated as a UGA under the Act simply because at some point in the past the voters within that area incorporated. With all five (5) unincorporated urban growth areas in this Plan, they meet the same basic land use and population characteristics that many cities face in Washington State. To arbitrarily rule that they should not be UGAs simply because they are not presently incorporated would ignore the fact that they are (a) characterized by urban growth; (b) have urban governmental services; (c) provide economic development opportunities for the citizens of the County; and (d) are consistent with plan and zoning designations made over ten (10) years ago for their private property.
31.02.230 Urban growth area designation policies.
The following policies guide designation of urban growth areas. These policies were adopted by Clallam County and the cities in June 1992 as a framework for the adoption of each jurisdiction’s comprehensive plan. In most cases, the policies cannot be changed without concurrence from the cities.
(1) Minimum urban growth areas (UGAs) shall be established based upon land use demand as determined by the Clallam County twenty (20) year forecast of population for the County and specified subareas, so long as the County-wide forecast is not less than the most recent forecasts available from the Office of Financial Management (OFM). The County shall provide forecasts for the designation of urban growth areas.
(a) A straight linear projection for the entire County utilizing data from the 1950 through 1990 U.S. Census yields a projection which is approximately 2,000 people higher than that determined from summing the individual census divisions. Linear projections of population, as shown in Table 2 below, have demonstrated their accuracy in Clallam County. If used based on 1950 through 1970 U.S. Census counts, a linear projection model would have predicted the 1990 population as later identified in the U.S. Census. This demonstrates that historically the County has followed a linear trend of growth over the long term.
The Growth Management Act and County-wide Planning Policies use the OFM analysis prepared for Clallam County as a basis for growth population projection. Since the projections, however, are inaccurate (the County has exceeded the 2012 projection by over 3,000 people already in 1994), a linear projection model should be substituted as required in the County-wide Planning Policies. The OFM population projections utilize trends of births, deaths and migration to forecast County growth. Historical trends indicate that overall births and net migration are both declining, and deaths are increasing. The most subjective standard is net migration. Clallam County protested the OFM population forecast in 1991-92 but were told by the agency that they were “minimums” to plan for. Since several Growth Hearings Board cases have ruled the numbers to be also a maximum, the agency has written Clallam County to indicate that we are in an “awkward” position. The following projections were completed by OFM in the report dated January 31,1992:
Table 1 – OFM Population Projections
1990
1995
2000
2005
2010
2012
Population
56,464
57,754
58,246
58,753
59,189
59,312
Note: OFM estimated the 1994 Clallam County population as follows:
County 62,500
Unincorporated 36,700
Forks 3,355
Port Angeles 18,310
Sequim 4,135
(b) The County subarea population projections should be based either on a straight line (linear) projection model or on the subarea growth rate for the preceding ten (10) years. For the purposes of designating urban growth areas, a linear projection is preferred. For other planning purposes, the last ten (10) year subarea growth rate should be compared to a straight line projection and a determination made regarding which projection is most appropriate.
(c) The urban growth area population projections should encourage a shift from growth in unincorporated areas to urban areas, consistent with the intent of the Growth Management Act. The urban growth area population projections should also reflect subarea growth trends, in that growth usually occurs based on geographic preference (schools, climate, jobs, etc.). (Please refer to Appendix B: Population Trends in County-wide Planning Policies.)
(d) The County population forecasts should be reviewed every five (5) years. Such review shall include an analysis of the previous ten (10) year period.
Table 2 – Linear Projection Model* (Census Divisions Names)
1990 Population
2000 Population
2010 Population
Agnew-Carlsborg
6,310
7,514
8,719
Clallam Bay-Neah Bay
2,966
3,298
3,630
Crescent**
2,507
3,116
3,874
Forks
6,846
7,828
8,810
Sequim
11,076
13,168
15,260
Port Angeles**
26,759
27,959
29,214
TOTALS
56,464
62,883
69,507
*Linear projections based on 1950 – 1990 data from the U.S. Census.
**The Crescent and Port Angeles Census divisions were readjusted in the 1950 – 1990 time period to make it impossible to develop a linear forecast. The numbers in Table 2 are based on the respective areas average growth rate from 1980 to 1990.
Table 3 – UGA Population Projections
Linear Projection Model Based on Subarea (Table 2)*
1990
2000
2010
City of Port Angeles
17,710
18,382
19,053
City of Sequim
3,616
4,650
5,683
City of Forks
2,862
3,453
4,044
*City population projections were based on U.S. Census information dating back to 1970.
Table 4 – Unincorporated UGA Population Projections
Based on 1980 – 1990 Area Average Growth Rate
1990
2000
2010
Sunland
987
1,288
1,500
Carlsborg
655
885
1,120
Clallam Bay-Sekiu
644
702
777
Diamond Point-Sunshine Acres
374
488
660
Joyce
80
99
124
TOTAL
2,740
3,462
4,181
Based on the goal in subsection (1)(c) of this section, population allocations or adjustments to linear projection populations will encourage a trend towards a majority of new growth occurring with urban growth areas instead of in rural areas. The adjustments for incorporated cities would provide for a reversal of the urban-rural growth trends evident in the 1970 to 1990 time period. The Clallam Bay-Sekiu population projection was also adjusted upward to account for two (2) expansions of the Clallam Bay Corrections Center staff, one of which would occur between 1990 and the year 2000 and another between 2000 and 2010.
Table 5 – UGA Population Projections Readjusting from Rural to Urban Growth
1990
2000
2010
City of Port Angeles
17,710
18,577
19,674
City of Sequim
3,616
4,677
5,948
City of Forks
2,862
3,453
4,044
Clallam Bay-Sekiu
644
772
847
TOTAL
24,832
27,479
30,513
The following table outlines the allocation of total twenty (20) year County growth (Table 2: 13,043) to urban areas (Table 5 and Table 4 except for Clallam Bay-Sekiu) and rural areas (Table 2 minus urban growth). This shows that approximately fifty-four (54) percent of the new County growth is allocated to urban areas, whereas historical trends show that since 1970 the urban growth has declined from a fifty-six (56) percent share of the population to forty-three (43) percent. These population allocations reverse the trend back to 1970, which was the beginning of significant growth in Clallam County.
Table 6 – Rural and UGA Population Projections*
1990
2000
2010
Total Twenty (20) Year Growth
UGA Population
26,928
30,199
33,917
UGA Growth
—
3,271
3,718
6,989
Rural Population
29,536
32,684
35,590
Rural Growth
—
3,148
2,906
6,054
(2) The County should designate as urban growth areas those unincorporated areas already characterized by urban growth and not in proximity to existing cities; provided, that such areas meet the principles established for UGAs and that appropriate service providers are identified to provide the specified urban governmental services.
(3) UGAs shall include areas characterized by urban growth adjacent to existing city boundaries and physical features shall be considered in establishing UGA boundaries.
(4) It is expected that net densities will increase as urban growth and development occurs within the UGA, and the UGA boundary should be established toward this objective. Included in this principle is the requirement that urban growth areas develop specific strategies and programs to encourage infill development and redevelopment of identified underdeveloped lands.
(5) Land designated for commercial or industrial uses which encourage adjacent urban development shall not be located outside a UGA.
(6) The amount of acreage designated for commercial, industrial or other nonresidential uses within a UGA adjacent to a city boundary shall be based upon the land use element and economic development element of the city’s Comprehensive Plan.
(7) The amount of acreage designated for commercial uses, industrial uses, regional facilities or other nonresidential uses within a UGA not adjacent to a city boundary shall be based upon a reasonable level of service for the size of the UGA’s service area.
(8) Urban growth areas should be established to avoid critical areas, except where addressed as part of a comprehensive plan or critical areas ordinance. Wetlands and their buffers should be excluded from the developable land base in calculating the size of urban growth areas. Urban growth areas should not include designated resource lands unless the city or County has enacted a program authorizing transfer or purchase of development rights.
(9) Urban growth area designations shall consider the linkage with open space corridors within and between urban growth areas as required in the County-wide Planning Policy and the Growth Management Act.
(10) Consideration to the economic development goals within the County-wide and regional comprehensive plans shall be made when designating unincorporated UGAs not in proximity to existing cities.
(11) The County shall consider the property rights of landowners with existing urban residential, commercial, industrial land use designations, and existing locations of urban governmental services, in designating urban growth areas.
31.02.240 Urban growth area implementation policies.
The following policies guide implementation of urban growth areas:
(1) Annexation.
(a) Annexation of lands within urban growth areas which are adjacent to existing cities should be encouraged.
(b) The cities and County, in coordination with existing and ultimate service providers, should develop an annexation plan which includes annexation of land characterized by urban development and a phased program of annexation consistent with the extension of services and the development of land in accordance with the city’s comprehensive plan and capital facilities plan.
(c) In order to encourage continued investment in public infrastructure within urban growth areas prior to annexation, such as roads, electrical service, water and sewer, the cities, County and other public service providers should develop agreements which would reimburse the service provider for capital improvements which would be acquired by the city upon annexation.
(d) Annexations should form logical boundaries and not isolate service providers, either the County or special purpose districts (PUD, fire, etc.). Cities should be prohibited from annexation just of commercial/industrial tax bases without accepting responsibility for service of adjacent residential or other nonresidential areas.
(e) In order to provide continuity in environmental protection, education and community outreach, the cities should continue to work with Clallam County and other agencies in implementation of watershed management plans and other environmental programs, if any.
(f) Urban growth that requires extension of sewer or water facilities shall not be allowed within the Port Angeles Urban Growth Area until an annexation plan has been agreed upon by the City of Port Angeles and Clallam County and UGA Urban Services and Development Agreements have been agreed upon by the City of Port Angeles and Clallam County Public Utility District; provided that the City may agree to extend the services prior to annexation upon completion of a utility extension agreement with a developer.
(2) Urban growth areas shall recognize and encourage development of historic sites within their areas.
(3) Public facilities and services necessary to support urban development will be specifically identified for provision within the designated urban growth areas of Clallam County through regional or subarea comprehensive plans.
(4) Urban services to be provided within UGAs should include, at a minimum, provision for sanitary waste, solid waste disposal systems, water systems, urban roads and pedestrian facilities, transit systems, stormwater systems, police and fire and emergency services systems, electrical and communication systems, school and health care facilities, and neighborhood and/or community parks.
(5) Urban services/facilities required to meet the needs of new development shall be provided, or shall be planned to be available within six (6) years, to meet the levels of services established for such services within each UGA. The types of urban services/facilities and levels of service should be established in regional or subarea plans.
(6) Urban services shall be provided and constructed in accordance with the design and construction standards as specified in the UGA Urban Services and Development Agreement required by the County-wide Planning Policies for Joint Planning and Contiguous and Orderly Development.
(7) Services and facilities which are not available at the time of the development project giving rise to the need for such services shall be included in a financially feasible capital facilities element of the Comprehensive Plan for the city responsible for such service provision, and/or in the appropriate plans of the service provided.
(8) Before extension or construction of urban services, the city or service provider shall demonstrate the financial capability for continued operation of the facility.
(9) The County and the cities will ensure appropriate techniques for managing future growth consistent with the designation of urban growth areas, such as a minimum density within the UGA and a maximum density outside the UGA. Residential densities exceeding one unit per acre should be considered urban; however, net densities within urban growth areas should increase as urban growth and development occurs within the UGA. Land use plans within urban growth areas should be established toward this objective with a range of densities for relatively low density single-family development and some lands at a range of densities both allowing and encouraging multifamily development.
(10) The County, in coordination with the adjacent city, shall consider the need for future expansion of urban growth areas beyond the projected twenty (20) year period required by the Growth Management Act. Special density considerations shall be given at the edge of urban growth areas, if determined necessary based on a land use analysis, so that future extension of urban growth areas and urban services allows conversion to more efficient urban patterns. Special density considerations could include reduced densities or cluster development options. Such considerations shall occur during preparation and adoption of joint city/county comprehensive plans for the unincorporated urban growth area.
31.02.250 Urban growth area amendment process.
The Growth Management Act requires that urban growth areas be reviewed at least once every ten (10) years. The County-wide Planning Policies call for a review of population growth and the impact on urban growth areas once every five (5) years. In setting urban growth areas for Clallam County, a forecast of twenty (20) year urban land needs was completed. There is a need to provide stability to where urban growth and services will occur, and supply of land should be considered in any future amendments. This warrants that specific procedures and criteria be adopted to guide urban growth area amendments.
It is the general policy of this section that urban growth area boundary amendments be discouraged except for the required ten (10) year review. Urban growth area amendments should provide overwhelming evidence that there is a demonstrated need to change the designations. As such, the following procedures and criteria must be met. In those circumstances where a landowner might wish to remove land from an urban growth area, a liberal application of the criteria should be allowed due to the abundance of urban designated land.
(1) The following procedures shall be followed in review of urban growth area amendment applications:
(a) The amendment shall be considered an amendment of the Comprehensive Plan. The procedures for p