Chapter 20.85 PLANNED UNIT DEVELOPMENT (PUD)

.011 Provide mutual benefits to the general public and project proponent by utilizing innovative and efficient land use and design by permitting greater flexibility in zoning requirements than is generally permitted by other chapters of this ordinance while providing the expeditious handling of projects.

.012 Encourage creative and coordinated site planning, the conservation of natural elements, features and energy, the use of mixed use developments, the use of new technologies and techniques, and the efficient layout of streets, utility networks and other public improvements.

.013 Encourage the creation of permanent open space, and the provisions of more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.

.014 Encourage development that provides a variety of living, working and recreational environments in a manner harmonious with surrounding on-site and off-site land use activities.

.015 Move toward the attainment of the goals and the implementation of the policies of the comprehensive land use plan. (Ord. 2004-007 § 1, 2004).

20.85.020 Applicability.

This chapter is applicable in any zone district within an urban growth area. The provisions of this chapter can be used for any residential, commercial and/or industrial project on property two acres or greater in size; provided, however, that residential PUDs are not permitted in the Cherry Point Industrial Urban Growth Area. Transfer of development rights shall be utilized within designated density transfer receiving areas as shown on the official Whatcom County zoning map to achieve the allowed maximum density prior to the utilization of the density bonus provisions of this chapter. A planned unit development may be used on property less than two acres in size when the zoning administrator finds one or more of the following conditions exists:

.021 An unusual physical or topographic feature of importance to the area as a whole exists on the site or in the neighborhood, which can be conserved and still leave the applicant equivalent use of the land by the use of a planned unit development.

.022 The property or its neighborhood has a historical character of importance for the community that will be protected by use of a planned unit development.

.023 The property is adjacent to or across a street from property which has been developed or redeveloped under a planned unit development, and a planned unit development will not detract from the amenities and aesthetic values of the neighboring planned unit development.

.024 The project will use unique or innovative design concepts which would benefit the public welfare including design provisions which would be precluded by the underlying district.

.025 The project would meet an important social need that cannot be realized with the underlying zone.

.026 The project will promote creativity or affordability in residential, commercial and industrial development. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2004-007 § 1, 2004; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 98-083 Exh. A § 59, 1998).

20.85.050 Permitted uses.

.051 Uses allowed in a planned unit development shall include those permitted, accessory, and conditional uses allowed in the underlying zone district(s), as well as such other uses as provided in WCC 20.85.052 through 20.85.055. For areas located within a water resource protection overlay district, the more restrictive use provisions of Chapter 20.71 WCC shall apply.

.052 In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright when they are only serving the planned unit development and all other applicable standards are met:

(1) Community buildings;

(2) Indoor recreation facilities, including athletic clubs or fitness centers, racquetball courts, swimming pools, tennis courts, or other similar uses;

(3) Outdoor recreation facilities, including swimming pools, tennis courts, recreational trails, or similar use; and

(4) Recreational vehicle storage areas.

.053 Even though they may not be allowed in the underlying zone(s), a planned unit development may also authorize the following additional land uses, provided the criteria of WCC 20.85.054 are met:

(1) In the urban residential and rural zones, duplexes and multifamily dwellings consistent with the density requirements of the underlying zone, except as that may be modified by the provisions of WCC 20.85.108 (Density increases). The number of units attached may be greater than would otherwise be allowed by the underlying zoning.

(2) In the urban residential and urban residential medium zones, duplexes and those uses allowed in the neighborhood commercial zone may also be permitted. In addition, both resort- and non-resort-oriented transient accommodations, such as inns or hotels, may be permitted; provided, that:

(a) The total number of sleeping units shall not exceed 50 percent of the total number of dwelling units that would be allowed on the property by the underlying zone regulations;

(b) Each sleeping unit shall count as one dwelling unit for the purpose of determining the total number of dwelling and sleeping units, in combination, permitted on the property;

(c) It can be demonstrated that the overall development will not generate more traffic than conventional residential development at the density allowed in the zone.

(3) In the general commercial zone, those uses allowed in the urban residential medium zone are allowed.

(4) In the resort commercial zone:

(a) Multiple single-family dwellings per lot are permitted if developed as condominiums under state law; and

(b) Single-family attached dwellings (at a base gross density of seven units per acre).

(5) In the light impact industrial zone, those uses allowed in the urban residential medium, neighborhood commercial, and general commercial zones are allowed.

.054 In order for those additional uses listed in WCC 20.85.053 to be authorized, the applicant must demonstrate:

(1) That the primary land use activity of the planned unit development is one allowed by the underlying zone district;

(2) That the additional uses will benefit and serve the residents or employees of the proposed planned unit development; and

(3) That all other applicable approval criteria and standards are met.

.055 Where a proposed development is located in two or more zone districts, the uses allowed in the applicable districts may be located on any portion of the site; provided, that all applicable standards are met.

.056 For purposes of determining appropriate standards, the requirements of the zone district allowing the use would apply. If the use is allowed by two or more districts, the lesser standards would apply. (Ord. 2022-013 § 1 (Exh. A), 2022; Ord. 2017-062 § 2 Exh. B; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 97-061, 1997; Ord. 96-056 Att. A § V1, 1996; Ord. 89-55, 1989).

20.85.100 Design and development standards.

20.85.101 Conformance.

All uses and development shall conform to all relevant requirements and standards of:

(1) The zone district(s) within which the planned unit development is located, except as may be modified by this chapter;

(2) The International Building and Fire Codes;

(3) Chapter 12.08 WCC where it does not conflict with the standards and requirements of this chapter; and

(4) Other applicable official controls. (Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2004-007 § 1, 2004).

20.85.102 General design criteria.

(1) Major and local streets, the location of all buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize conflict between uses, and reasonably maintain topography and other natural features.

(2) Single-family and multifamily detached structures shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to decrease the automobile orientation from the streetscape. (Ord. 2009-010 § 1 (Att. A), 2009; Ord. 2004-007 § 1, 2004).

20.85.103 Resource lands.

Planned unit developments in the Forestry Zone District shall not use areas which can effectively on a commercial basis support or contribute to support productive forestry operations based on topographic, existing use and/or soils considerations. (Ord. 2004-007 § 1, 2004).

20.85.104 Compatibility treatment.

(1) The design of a planned unit development shall take into account the relationship of the site to the surrounding areas and between differing uses on the site. The perimeter of the PUD and arrangement of uses on the site shall be designed to minimize adverse impacts between the project and adjacent land uses, and different types of potentially incompatible land uses. Compatibility factors include but are not necessarily limited to visual and audio intrusion and conspicuous visual barriers.

(2) If existing topographical or other barriers within 10 feet of the perimeter of the development do not provide reasonable compatibility for existing uses adjacent to the development, one or all of the following requirements shall be imposed:

(a) Structures located on the perimeter of the development shall be set back in accordance with the front yard setback of the underlying zone.

(b) Structures located on the perimeter of the development shall be fenced, bermed and/or landscaped, except where such screens would inhibit the use of an existing or proposed solar energy system.

(c) Commercial, industrial or quasi-public structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas of adjoining conforming residential properties from view and noise.

(3) Buffering shall be provided between different types of land uses including parking areas (for example, between single-family and multiple-family residential, or residential and commercial) on the site perimeter or within the site where probable incompatibility based on congestion, noise, visual intrusion and hours of operation may exist. (Ord. 2004-007 § 1, 2004).

20.85.105 Buffering standards.

Where buffering is required by this chapter, the following factors will be considered in determining the adequacy of the type and extent of the buffer:

(1) The purpose of the buffer, for example, to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier.

(2) The size of the buffer needed in terms of width and height to achieve the purpose.

(3) The location of the buffer. (Ord. 2004-007 § 1, 2004).

20.85.106 Facility design.

The facility design requirements of WCC 20.22.651 shall be met. (Ord. 2004-007 § 1, 2004).

20.85.107 Common open space.

No open area may be accepted as common open space within a planned unit development, unless it meets the following requirements:

(1) The common open space is for amenity or recreational purposes, and the size and uses authorized are appropriate to the scale and the character of the planned unit development, considering its size, density, expected population or employees, topography, and the number and type of dwellings provided.

(2) Common open space will be suitably landscaped for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. Any buildings, structures and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space.

(3) LID BMPs may be used within common open space; provided, that the use of LID BMPs is not in conflict with the primary purpose of the common open space.

(4) Common open space shall be maintained through one of the following methods:

(a) An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and approve a declaration of covenants and restrictions on the common open space that is acceptable to the land use division of planning and development services upon consultation with the prosecuting attorney, in providing for the continuing care of the space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any covenants limiting the use of common open space areas, and all rights to enhance these covenants against any use permitted are expressly reserved; or

(b) A public agency which agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2004-007 § 1, 2004).

20.85.108 Density increases.

(1) The county may approve an increase of dwelling unit density for residential development, or floor area for commercial and industrial activities of not more than 35 percent greater than that permitted by the underlying zone rounded to the nearest whole number. Properties located within a Water Resource Protection Overlay District shall not be eligible for a dwelling unit density increase. Density increases shall be governed by the following factors, and are to be treated as additive, and not compounded:

(a) A 15 percent increase in base density for meeting the requirements of this chapter.

(b) A 10 percent increase in base density for improvements to common open space that will serve the needs of the development’s residents and would include such facilities as play areas with equipment, basketball courts, handball courts, ball fields, tennis courts, swimming pools, or recreational trails. Usable open space on the roof of a building may qualify as improved open space.

(c) A 10 percent increase in base density for preservation or restoration of historically or architecturally significant structures, or for preservation of significant natural features. The burden of designation of such structures or features as significant shall be upon the applicant, unless such structures or features are already identified as worthy of preservation in the Comprehensive Plan, Parks Plan, other official documents, or on a local, state or national register. Final determination as to significance shall be made by the planning director at the earliest possible time and no later than the technical committee review.

(d) A 10 percent increase in base density for the design and construction of energy-efficient buildings which will reduce consumption to 75 percent or less of energy demand per square foot per year for space and water heating in a standard building built to the Washington State Energy Code.

(e) A 10 percent increase in base density for the use of energy from a renewable source exclusively serving the project to provide at least 20 percent of the combined space and water heating needs of the structures proposed in the project. Access to the energy source must be protected through site design and protective covenants or easements. Water heating needs shall be based on energy requirements on an annual basis.

(f) A 15 percent increase in the base density for the creation and preservation of significant public access on shorelines.

(g) Single-family and multifamily development projects located in urban residential zoning districts that utilize rear lane or “alley” garage access may be granted a 15 percent increase in base density, provided:

(i) Garages are located with direct maneuvering off of the alley; and

(ii) Front porches are included as part of the front building facade; and

(iii) Site development conforms to low impact development standards as adopted by Whatcom County in place at time of application.

(2) For purposes of determining conformance with subsections (1)(d) and (e) of this section, the energy efficiency of the structures or energy contribution of total energy usage shall be calculated using an analytical procedure generally recognized by the Washington State Energy Office as reasonably representative of the expected energy performance. This detailed information shall be provided as part of the final review process of WCC 20.85.365.

(3) Transfer of development rights shall be utilized within designated density transfer receiving areas as shown on the official Whatcom County zoning map to achieve the allowed maximum density prior to the utilization of the density bonus provisions of this chapter.

(4) In a Resort Commercial zoning district located within the Birch Bay UGA, the County may approve an increase of dwelling unit density for single-family dwellings of not more than 100 percent greater than that permitted by the underlying zone, rounded to the nearest whole number, if the following criteria are met:

(a) The dwellings are located outside the floodplain; and

(b) No density increases for residential development are granted pursuant to subsection (1) of this section; and

(c) Density credits are acquired pursuant to Chapter 20.91 WCC. (Ord. 2017-062 § 2 Exh. B; Ord. 2009-010 § 1 (Att. A), 2009; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 98-083 Exh. A § 66, 1998).

20.85.109 Lot sizes, building spacing and height, improvement coverage, and yard requirements.

(1) The minimum lot size, lot width and yard requirements of the underlying zone district may be waived provided the project meets the design standards of this section.

(2) Building Spacing and Setbacks. The spacing between main buildings shall be at least equivalent to the spacing which would be required between buildings similarly developed on separate parcels conforming to the underlying zone district’s setback requirements. This spacing and setback requirement may be reduced when it is demonstrated:

(a) A better or more appropriate design can be achieved by not applying the provision of the zoning district;

(b) That compensating design and/or structural measures are used to ensure the protection of the users and inhabitants (of the development) health, safety and welfare, including but not necessarily limited to visual and acoustical privacy, and adequate light and air; and

(3) Maximum Coverage. Building coverage and development coverage of individual parcels may exceed the percentage permitted by the underlying zone; provided, that the overall coverage of the project as a whole does not exceed the percentage permitted by the underlying zone or applicable overlay district.

(4) Height. Building height may exceed the maximum permitted in the underlying zone by 50 percent; provided, that the project design protects adjacent uses both inside and outside of the PUD from adverse impacts on privacy, light and air.

(5) Lot Width. Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted.

(6) Setback Reductions. Setback reductions may be granted for single-family and multifamily development projects utilizing rear lane or “alley” garage access, provided:

(a) When front porches that measure a minimum of six feet in depth and 10 feet in length are attached to the front building facade, front yard setbacks may be reduced to a minimum of 15 feet from the back of the abutting sidewalk, the designated front property line, or road right-of-way, whichever is the greater setback.

(b) Site development conforms to low impact development standards as adopted by Whatcom County in place at time of application. (Ord. 2009-010 § 1 (Att. A), 2009; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-029 § 1 (Att. A § 3), 2003).

20.85.110 Circulation, access and parking.

(1) Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of Whatcom County road standards.

(2) Driveways and circulation roadways shall be designed to minimize traffic and congestion within the planned unit development and where consistent with the standards to minimize the amount of paving.

(3) Parking shall be provided in a PUD as required in Chapter 20.80 WCC. However, where it can be demonstrated by the applicant that due to nonconflicting hours of operation, design of the circulation and parking plan, or any other factor reasonably related to the need for parking, the total parking requirement can be reduced. The hearing examiner may do so provided legal notice of the application specifies that such reduction has been requested.

(4) Loading areas for nonresidential uses shall, where possible, be oriented away from residential areas. (Ord. 2004-007 § 1, 2004).

20.85.111 Mechanical equipment.

All ground and roof top mechanical equipment shall be screened when possible to reduce its visibility to surrounding uses or roads. (Ord. 2004-007 § 1, 2004).

20.85.112 Storage and trash areas.

(1) Storage areas for residential developments and all trash areas shall be permanently screened.

(2) Storage for nonresidential uses should be within a closed building except for the sale or rental of retail products which can be stored outdoors during business hours only, and not within any required front or side yard nor in any public street or road right-of-way. All outdoor storage shall be located in an area which is screened and landscaped. (Ord. 2004-007 § 1, 2004).

20.85.113 Drainage and land alteration.

(1) Land alteration may commence when in compliance with Whatcom County land alteration standards.

(2) Drainage plans and improvements shall be in compliance with Whatcom County drainage standards. (Ord. 2004-007 § 1, 2004; Ord. 94-022, 1994).

20.85.114 Utilities.

All utilities shall be underground unless evidence is provided by the supplier of the utility or service that underground installation is not reasonably feasible. (Ord. 2004-007 § 1, 2004).

20.85.115 Nonresidential improvements.

Utilities, roads and other essential services must be available prior to occupancy. (Ord. 2004-007 § 1, 2004).

20.85.116 Signs.

In addition to the provisions of WCC 20.80.400, a system of signs for identifying the location of each residential unit, store or industry shall be established, based on considerations of crime prevention and the needs of emergency vehicles. (Ord. 2004-007 § 1, 2004).

20.85.117 Project phasing.

Applications for initial approval of a planned unit development may include provisions for the project to be constructed and finally approved in sequential phases, as provided herein.

(1) Timing. The plan for phased development shall be submitted with the initial application and reviewed by the technical committee for compliance with this section. The zoning administrator shall accommodate the submission of a phasing plan at any point during the review process, but in no event shall the phasing plan be approved without technical committee review.

(2) Submission Requirements. The phasing plan shall contain the following elements:

(a) The approximate location of all roads, drainage structures, water and sewer lines, and all improvements, easements and dedications of every type necessary to be provided or developed prior to final approval of the project as a whole.

(b) An approximate schedule for the construction or securing of all required physical improvements, and the reservation or dedication of necessary rights-of-way or easements, each in its appropriate phase.

(c) An approximate schedule for the development of residential and nonresidential uses for those planned unit developments located in Residential or Rural Zone Districts.

(3) Approval. A phasing plan shall be approved as part of the principal application if it meets the following criteria:

(a) Each phase is capable of standing by itself, in the sequence of development proposed, such that it will be adequately served by all roads, utilities, drainage structures, easements and other amenities necessary to its existence in the event that subsequent phases are not completed.

(b) The plan incorporates into appropriate phases all structures, dedications, easements, services and amenities necessary to and upon which depends the satisfactory development of all later phases.

(d) For mixed use development in Residential or Rural Zone Districts, the plan shall ensure that a sufficient amount of those uses allowed in the underlying zone district are developed so that during any particular phase, the project shall meet the intended character of the district.

(4) Procedure Exclusive. No partial final approval of any total development project shall be granted except as provided in this section. (Ord. 2004-007 § 1, 2004).

20.85.118 Concept plan.

Where a planned unit development application represents the first project of the development of a larger site, the applicant may at his/her option submit a concept plan indicating the general development of the remainder of the site. The purpose of the concept plan is to encourage master planning of a site by demonstrating the coordinated relationship of land use activities, roads, utilities and open space for the entire site, and in concert with existing and planned off-site land uses and facilities.

(1) Plan Contents. The concept plan should contain the elements required in the department’s administrative manual.

(2) Plan Status. Unless otherwise provided by agreement between the applicant and zoning administrator, the concept plan shall be nonbinding, and shall not be used as a basis for approving or denying the subject PUD application. However, the plan may be used as a basis to administratively review the arrangement and design of land uses, roads, bicycle and pedestrian pathways, and drainage facilities included in the subject application. (Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2004-007 § 1, 2004).

20.85.119 Critical areas – Alternative mitigation plans.

The hearing examiner may recommend and the county council may approve alternative mitigation plans for planned unit developments in accordance with WCC 16.16.261, which may be used to satisfy the requirements of Chapter 16.16 WCC and relief from the specific standards and requirements thereof. (Ord. 2019-013 § 1 (Exh. A), 2019).

20.85.200 Information submittal.

The information required on the application, identified in the in the department’s administrative manual and contained within the notice of site-specific submittal requirements, shall be submitted with planned unit development applications. (Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.201 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.202 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.203 Reserved.

Repealed by Ord. 2018-032. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2004-007 § 1, 2004; Ord. 98-083 Exh. A § 66, 1998; Ord. 96-056 Att. A § V2, 1996).

20.85.204 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.300 Planned unit development procedure.

Planned unit development applications shall be processed in accordance with Chapter 22.05 WCC. (Ord. 2018-032 § 1 (Exh. D), 2018).

20.85.301 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.305 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004; Ord. 2003-039 Exh. A, 2003; Ord. 98-083 Exh. A § 66, 1998).

20.85.310 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.315 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.320 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.325 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.330 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.335 Approval criteria.

Pursuant to WCC 22.05.120 the hearing examiner shall recommend to the county council project approval, approval with conditions, or denial, based upon written findings and conclusions supported by the evidence of record. The recommendation shall determine the adequacy of a planned unit development application based on the following criteria:

(1) Conservation of natural elements and features;

(2) Harmony of selected uses to each other;

(3) Grouping and design of buildings, service, parking areas, circulation and open space as an integrated unit such that a safe, efficient and convenient PUD is created;

(4) Harmony of the proposed PUD with the existing and proposed characteristics of its surroundings, with emphasis and due consideration given to air, water and soil pollution, flood protection, and aesthetics;

(5) Conformance with the policies, goals and objectives of the Comprehensive Plan;

(6) Adequate provision of utilities and circulation to serve the project and, where appropriate, contribute to the overall development of urban areas;

(7) The exceptions granted by this chapter are warranted by creative design utilizing good design principles and provision of amenities incorporated in the planned unit development and its program;

(8) That the system of ownership, and means of developing, preserving and maintaining open space and other common facilities is acceptable to the county; and

(9) Where expanded land uses as allowed by WCC 20.85.053 are requested for an application, the criteria of WCC 20.85.054 are met, and where a phasing plan is proposed, the criteria of WCC 20.85.117(3) are met; and

(10) Promotion of creativity and affordability in residential, commercial and industrial development. (Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2004-007 § 1, 2004; Ord. 98-083 Exh. A § 66, 1998; Ord. 96-056 Att. A § A2, 1996).

20.85.340 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V3, 1996).

20.85.345 Reserved.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004).

20.85.350 Scope of initial planned unit development approval.

(1) Once the planned unit development receives initial approval pursuant to Chapter 22.05 WCC, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PUD, shall be bound by the conditions attending the approval of the development and the provisions of this chapter.

(2) Minor adjustments may be made and approved by the zoning administrator, upon consultation with the technical committee, and are those adjustments which may affect the dimensions, location and type of improvements of facilities; provided, the amendment maintains the basic character of the PUD application approved by the county council including general type and location of dwellings and other land use activities, arrangement of buildings, density of the development, and provisions of the project to meet density bonus and open space requirements; and provided further, the standards of this chapter are met.

(3) Major adjustments are those which, in the opinion of the zoning administrator, upon consultation with the technical committee, substantially change the basic design, density, open space or other requirements of the planned unit development. When a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the county council of such adjustment. (Ord. 2018-032 § 1 (Exh. D), 2018; Ord. 2004-007 § 1, 2004).

20.85.355 Initial approval time limits.

(1) The applicant shall have five years from the date of council action, except as provided in subsection (4) of this section, to submit the final application pursuant to WCC 20.85.365.

(2) An applicant who files a written request with the Whatcom County council prior to expiration of the five-year expiration period shall be granted a one-year extension upon showing that the applicant has attempted in good faith to complete the requirements necessary for submittal of final PUD approval within five years from the date of initial PUD approval.

(3) The Whatcom County council shall have authority to grant two additional one-year extensions beyond the one-year extension authorized in subsection (2) of this section. Each such additional one-year extension may be granted after taking into consideration technical, economic and other matters beyond the control of the applicant and the council finds that there is reasonable justification for the granting of additional extensions. In granting each additional one-year extension beyond that approved in subsection (2) of this section, the council may take into consideration such changes in rules, regulations and ordinances that have occurred since the time the original approval was granted and may condition the extension so as to required compliance with any such subsequently adopted rules, regulations or ordinances, or portion thereof, that the council deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County council prior to expiration of the initial PUD approval.

(4) Applicants may develop a planned unit development in phases, in accordance with an approved phasing plan. The total amount of time to obtain final approval for all phases of the PUD shall not extend beyond the time limit established in the approved phasing plan unless additional time is granted by the county council upon a showing that the public health, safety and welfare would not be harmed by granting an extension, and that substantial progress has been made toward completing all the necessary requirements for obtaining final PUD approval.

(5) Planned unit developments for which final approval has not been obtained within the time allotted by the above shall expire without prejudice; provided, that in a phased PUD the expiration shall only apply to those portions or phases of the PUD that have not been applied for or been granted final PUD approval. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V4, 1996).

20.85.360 Installation of improvements.

Upon receipt of initial approval, the applicant may proceed with the installation of improvements required by the planned unit development pursuant to the following:

(1) The applicant shall submit detailed engineering plans developed consistent with adopted county standards for the construction of roads, bridges, utilities, drainage works and other required improvements. In addition, the applicant shall also submit a land alteration control plan consistent with adopted land alteration standards.

(2) Land alteration and construction activities shall commence only when the land alteration control plan and engineering plans for the appropriate improvement have been approved by the county engineer and by any other departments or agencies having jurisdiction. The county engineer shall act on the plans within 14 days after acceptance of a completed set of plans from the applicant.

(3) All improvements shall be built to applicable standards in force at the time of initial PUD application submittal.

(4) All construction of water and sewer systems shall be done under supervision of a licensed civil engineer. The county engineer may waive this requirement.

(5) Any condition of initial approval requiring accomplishment of such improvements as drainage or development of the source of water supply prior to other construction shall be strictly complied with, and no other construction shall proceed until any such condition is discharged to the satisfaction of the county engineer, health department or other agency, as indicated in the condition.

(6) Where facilities or improvements are proposed to be maintained by lessees, renters or property owners, a workable organization shall be established to guarantee maintenance of such facilities. (Ord. 2004-007 § 1, 2004).

20.85.365 Final review and approval.

(1) Upon completion of the improvements and meeting appropriate conditions as required by the initial planned unit development approval, the applicant shall submit:

(a) A revised planned unit development site plan and written information containing specific information required in WCC 20.85.202 and 20.85.203. The revised site plan and written information shall reflect those changes to the development as a result of initial PUD approval and subsequent approved modifications;

(b) If the proposal includes energy conservation and/or renewable energy source, information required in WCC 20.85.108(2) shall be provided;

(c) Written certifications from appropriate local agencies indicating the installation of required improvements and compliance with relevant conditions.

(2) Within 30 days after receipt of a completed set of revised site plans and written information, and written certifications, the zoning administrator shall approve the planned unit development request when it finds that:

(a) The PUD information has been appropriately updated;

(b) Adequate maintenance provisions for private facilities and improvements have been established;

(d) All required improvements have been installed or adequate securities have been provided for development.

(3) Upon approval of the planned unit development pursuant to this section, the applicant may begin construction of the project in compliance with the approval. If no construction is initiated within seven years, the approval shall be null and void unless the zoning administrator finds extenuating circumstances or in accordance with a pre-agreed upon schedule of phasing. (Ord. 2004-007 § 1, 2004).

20.85.370 Control of the development after completion.

The final development plan shall continue to control the planned unit development after it is finished and the following shall apply:

(1) The building official in issuing a certificate of completion of the planned unit development shall note the issuance on the filed final development plan.

(2) After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan.

(3) After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows:

(a) Minor modifications of existing buildings or structures may be authorized by the zoning administrator, upon consultation with the technical committee, if they are consistent with the purposes and intent of the final plan.

(b) A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development if it is in compliance with the purpose and intent of the final development plan.

(4) An amendment to a completed planned unit development may be approved if it is consistent with the planned unit development, or if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the Comprehensive Plan or related land use regulations.

(5) No modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the planned unit development, and all rights to enforce these covenants against any change permitted by this section are expressly reserved.

(6) In the event the applicant shall seek an amendment to the application, and it is the determination of the zoning administrator, upon consultation with the technical committee, that such amendment exceeds the scope of final approval, a public hearing shall be held by the hearing examiner as provided by WCC 20.85.335 herein. (Ord. 2004-007 § 1, 2004; Ord. 98-083 Exh. A § 66, 1998).

20.85.375 Enforcement.

After final review and approval, as provided by WCC 20.85.365, the director shall enforce, or cause to be enforced, the provisions of this chapter as follows:

(1) Stop Orders. Whenever any work or action is being done contrary to the provisions of this chapter, the zoning administrator may order the work or action stopped by notice in writing served on any persons engaged in the doing or causing such work or action to be done; and any such persons shall forthwith stop such work or action until authorized by the administrator to proceed with the work or action;

(2) Permits. No buildings, occupancy or other permit shall be issued or granted for the construction of any building, structure or improvement to the land, or for the use of any building or structure or improvement to the land, until all requirements of this chapter have been complied with;

(3) Security. The director may require the applicant to furnish a security consistent with WCC 22.05.134 (Security mechanisms);

(4) Equitable Relief. Whenever any building, structure or improvement to the land within a PUD is used in a manner, or for a purpose, which violates any provision of this chapter, or any provision of state or local law, or any term or condition of PUD approval, the county may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter, state or local law, or such terms and conditions. The costs of such action shall be taxed against the violator;

(5) Penalty. Any person, firm or corporation who constructs any building, structure or improvement to the land, or any portion thereof, in violation of the provisions of this chapter, shall be guilty of a gross misdemeanor. (Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2004-007 § 1, 2004).

20.85.400 Fees.

Repealed by Ord. 2018-032. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V5, 1996).