Asotin, WA Zoning Ordinance

English ivy (Hedera helix);

Himalayan blackberry (Tubus discolor, R. procerus); and

Evergreen blackberry (Rubus laciniatus).

The removal of trees from critical areas that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that:

The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees;

Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;

The landowner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter-at-breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball;

If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and

Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter.

Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW, and local forest practices regulations if adopted; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan; and

Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited;

Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency;

Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and

Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers.

(Ord. 21-859 § 1, 2021)

§ 18.18.170 General requirements.

As part of this review, the city shall:

Verify the information submitted by the applicant;

Evaluate the project area and vicinity for critical areas;

Determine whether the proposed project is likely to impact the functions or values of critical areas; and

Determine if the proposed project adequately addresses the impacts and avoids impacts to the critical area associated with the project.

If the proposed project is within a critical area, and a critical area report is required as defined within this chapter, the city shall:

Require a critical area report from the applicant that has been prepared by a qualified professional;

Review and evaluate the critical area report;

Determine whether the development proposal conforms to the purposes and performance standards of this chapter, including the criteria in "Review criteria" (AMC § 18.18.280);

Assess the potential impacts to the critical area and determine if they can be avoided or minimized; and

Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this chapter.

(Ord. 21-859 § 1, 2021)

§ 18.18.180 Critical area preapplication consultation.

Any person preparing to submit an application for development or use of land that may be regulated by the provisions of this chapter may conduct a consultation meeting with the mayor or designee prior to submitting an application for development or other approval. At this meeting, the mayor or mayor's designee shall discuss the requirements of this chapter; provide critical area maps, scientific information, and other source materials; outline the review process; and work with the activity proponent to identify any potential concerns that might arise during the review process, in addition to discussing other permit procedures and requirements.

(Ord. 21-859 § 1, 2021)

§ 18.18.190 Critical area identification form.

Submittal. Prior to the city's consideration of any proposed activity not found to be exempt under "Exemptions" (AMC § 18.18.130) or allowed pursuant to "Allowed activities" (AMC § 18.18.160), the applicant shall submit to the department a complete critical area identification form on forms provided by the city.

Site Inspection. Upon receipt of a project application and a critical area identification form, the mayor or mayor's designee shall conduct a site inspection to review critical area conditions on site. The mayor or mayor's designee shall notify the property owner of the inspection prior to the site visit. Reasonable access to the site shall be provided by the property owner for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period.

Critical Area Identification Form Review Process. The mayor or his designee shall review the critical area identification form, conduct a site inspection, and review other information available pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal and if a more detailed critical area report shall be submitted.

Decision Indicators. The mayor or mayor's designee may use the following indicators to assist in determining the need for a critical area report:

Indication of a critical area on the city critical areas maps that may be impacted by the proposed activity;

Information and scientific opinions from appropriate agencies, including but not limited to the Departments of Fish and Wildlife, Natural Resources, and Ecology;

Documentation, from a scientific or other reasonable source, of the possible presence of a critical area; or

A finding by a qualified professional or a reasonable belief by the mayor or mayor's designee that a critical area may exist on or adjacent to the site of the proposed activity.

Decision on Identification Form.

No Critical Areas Present. If after a site visit the mayor's or mayor's designee's analysis indicates that the project area is not within or adjacent to a critical area and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the mayor or mayor's designee shall rule that the critical area review is complete and note on the identification form the reasons that no further review is required. A summary of this information shall be included in any staff report or decision on the underlying permit.

Critical Areas Present, but No Impact – Waiver. If the mayor or mayor's designee determines that there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the mayor or mayor's designee may waive the requirement for a critical area report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:

There will be no alteration of the critical area;

The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter; and

The proposal is consistent with other applicable regulations and standards.

A summary of this analysis and the findings shall be included in any staff report or decision on the underlying permit.

Critical Areas May Be Affected by Proposal. If the mayor or mayor's designee determines that a critical area or areas may be affected by the proposal, then the mayor or mayor's designee shall notify the applicant that a critical area report must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report.

Mayor or Mayor's Designee's Determination Subject to Reconsideration. A determination regarding the apparent absence of one or more critical areas by the mayor or mayor's designee is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received.

If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances.

(Ord. 21-859 § 1, 2021)

§ 18.18.200 Public notice of initial determination.

The city shall notify the public of proposals in accordance with the notice of application section of the local land use code.

If the mayor or mayor's designee determines that no critical area report is necessary, the city shall state the reasons for this determination in the notice of application issued by the city for the proposal.

If the mayor or mayor's designee determines that there are critical areas on the site that the proposed project is unlikely to impact and the project meets the requirements for and has been granted a waiver from the requirement to complete a critical area report, a summary of the analysis and findings for this decision shall be stated in the notice of application for the proposal.

If the mayor or mayor's designee determines that critical areas may be affected by the proposal and a critical area report is required, public notice of the application shall include a description of the critical area that might be affected and state that a critical area report(s) is required.

(Ord. 21-859 § 1, 2021)

§ 18.18.210 Critical area report – Requirements.

Preparation by Qualified Professional. If required by the mayor or mayor's designee in accordance with AMC § 18.18.190(D)(3), the applicant shall submit a critical area report prepared by a qualified professional as defined herein.

Incorporating of Best Available Science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter.

Minimum Report Contents. At a minimum, the report shall contain the following:

The name and contact information of the applicant, a description of the proposal, and identification of the permit requested;

A copy of the site plan for the development proposal including:

A map to scale depicting critical areas, the development proposal, and any areas to be cleared; and

A description of the proposed storm water management plan for the development and consideration of impacts to drainage alterations;

The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;

Identification and characterization of all critical areas, wetlands, and water bodies adjacent to the proposed project area;

A statement specifying the accuracy of the report, and all assumptions made and relied upon;

An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development;

An analysis of site development alternatives including a no development alternative;

A description of reasonable efforts made to apply mitigation sequencing pursuant to "Mitigation sequencing" (AMC § 18.18.240) to avoid, minimize, and mitigate impacts to geologically hazardous and wetland critical areas;

Plans for adequate mitigation, as needed, to offset any impacts, in accordance with "Mitigation plan requirements" (AMC § 18.18.250), including, but not limited to:

The impacts of any proposed development within or adjacent to a geologically hazardous or wetland critical area; and

The impacts of any proposed alteration of a geologically hazardous or wetland critical area on the development proposal, other properties and the environment;

10.

A discussion of the performance standards applicable to the critical area and proposed activity;

11.

Financial guarantees to ensure compliance; and

12.

Any additional information required for the critical area as specified in the corresponding chapter.

Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the mayor or mayor's designee.

(Ord. 21-859 § 1, 2021)

§ 18.18.220 Critical area report – Modifications to requirements.

Limitations to Study Area. The mayor or mayor's designee may limit the required geographic area of the critical area report as appropriate if:

The applicant, with assistance from the city, cannot obtain permission to access properties adjacent to the project area; or

The proposed activity will affect only a limited part of the subject site.

Modifications to Required Contents. The applicant may consult with the mayor or mayor's designee prior to or during preparation of the critical area report to obtain city approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.

Additional Information Requirements. The mayor or mayor's designee may require additional information to be included in the critical area report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required includes, but is not limited to:

Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site;

Grading and drainage plans; and

Information specific to the type, location, and nature of the critical area.

(Ord. 21-859 § 1, 2021)

§ 18.18.230 Mitigation requirements.

The applicant shall avoid all impacts that degrade the functions and values of a geologically hazardous or wetland critical area or areas. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.

Mitigation shall be in-kind and on site, when possible, and sufficient to maintain the functions and values of the geologically hazardous or wetland critical area, and to prevent risk from a hazard posed by these areas.

Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.

(Ord. 21-859 § 1, 2021)

§ 18.18.240 Mitigation sequencing.

Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to geologically hazardous or wetland critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:

Avoiding the impact altogether by not taking a certain action or parts of an action;

Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

Rectifying the impact to wetlands, geologically hazardous areas, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project;

Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;

Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

Monitoring the hazard or other required mitigation and taking remedial action when necessary.

Mitigation for individual actions may include a combination of the above measures.

(Ord. 21-859 § 1, 2021)

§ 18.18.250 Mitigation plan requirements.

When mitigation is required, the applicant shall submit for approval by city a mitigation plan as part of the critical area report. The mitigation plan shall include:

Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;

A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and

An analysis of the likelihood of success of the compensation project.

Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met.

Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

The proposed construction sequence, timing, and duration;

Grading and excavation details;

Erosion and sediment control features;

A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

Measures to protect and maintain plants until established.

These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.

Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.

Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with "Bonds to ensure mitigation, maintenance, and monitoring" (AMC § 18.18.380).

(Ord. 21-859 § 1, 2021)

§ 18.18.260 Innovative mitigation.

The city may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Advance mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section wherein one or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas;

The group demonstrates the organizational and fiscal capability to act cooperatively;

The group demonstrates that long-term management of the habitat area will be provided; and

There is a clear potential for success of the proposed mitigation at the identified mitigation site.

Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios.

(Ord. 21-859 § 1, 2021)

§ 18.18.270 Determination.

The planning commission shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The planning commission's determination shall be based on the criteria of "Review criteria" (AMC § 18.18.280).

(Ord. 21-859 § 1, 2021)

§ 18.18.280 Review criteria.

Any alteration to a critical area, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria:

The proposal minimizes the impact on critical areas in accordance with "Mitigation sequencing" (AMC § 18.18.240);

The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

The proposal is consistent with the general purposes of this chapter and the public interest;

Any alterations permitted to the critical area are mitigated in accordance with "Mitigation requirements" (AMC § 18.18.230);

The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and

The proposal is consistent with other applicable regulations and standards.

The city may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this chapter.

Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences in AMC § 18.18.240 shall be denied.

(Ord. 21-859 § 1, 2021)

§ 18.18.290 Favorable determination.

If the planning commission determines that the proposed activity meets the criteria in "Review criteria" (AMC § 18.18.280) and complies with the applicable provisions of this chapter, the mayor or mayor's designee shall prepare a written notice of determination and identify any required conditions of approval. The notice of determination and conditions of approval shall be included in the project file and be considered in the next phase of the city's review of the proposed activity in accordance with any other applicable codes or regulations.

Any conditions of approval included in a notice of determination shall be attached to the underlying permit or approval. Any subsequent changes to the conditions of approval shall void the previous determination pending re-review of the proposal and conditions of approval by the mayor or mayor's designee.

A favorable determination should not be construed as endorsement or approval of any underlying permit or approval.

(Ord. 21-859 § 1, 2021)

§ 18.18.300 Unfavorable determination.

If the planning commission determines that a proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with the criteria in "Review criteria" (AMC § 18.18.280) and the provisions of this chapter, the mayor or mayor's designee shall prepare written notice of the determination that includes findings of noncompliance.

No proposed activity or permit shall be approved or issued if it is determined that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with the provisions of this chapter.

Following notice of determination that the proposed activity does not meet the review criteria and/or does not comply with the applicable provisions of this chapter, the applicant may request consideration of a revised critical area report. If the revision is found to be substantial and relevant to the critical area review, the mayor or mayor's designee may reopen the critical area review and make a new determination based on the revised report.

(Ord. 21-859 § 1, 2021)

§ 18.18.310 Completion of the critical area review.

The city's determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved.

(Ord. 21-859 § 1, 2021)

§ 18.18.320 Appeals.

Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or approval involved.

(Ord. 21-859 § 1, 2021)

§ 18.18.330 Variances.

Variances from the standards of this chapter may be authorized by the city in accordance with the procedures set forth in this title. The city council shall review the request and make a written finding that the request meets or fails to meet the variance criteria.

Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:

Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;

The special conditions and circumstances do not result from the actions of the applicant;

A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;

The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;

The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat; and

The granting of the variance is consistent with the general purpose and intent of the locally adopted city comprehensive plan and adopted development regulations.

Conditions May Be Required. In granting any variance, the city may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.

Time Limit. The city shall prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both.

Failure to begin or complete such action within the established time limit shall void the variance.

Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application.

(Ord. 21-859 § 1, 2021)

§ 18.18.340 Variances – Additional considerations for frequently flooded areas.

Additional Variance Considerations. In review of variance requests for activities within frequently flooded areas, the city council shall consider all technical evaluations, relevant factors, standards specified in this chapter, and:

The danger to life and property due to flooding, erosion damage, or materials swept onto other lands during flood events;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the proposed use;

The importance of the services provided by the proposed use to the community;

The necessity to the proposed use of a waterfront location, where applicable, and the availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

Variances shall only be issued upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing laws or ordinances. Unavoidable impacts to floodplain functions and values shall be mitigated in accordance with "Mitigation sequencing" (AMC § 18.18.240).

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(Ord. 21-859 § 1, 2021)

§ 18.18.350 Unauthorized critical area alterations and enforcement.

When a critical area has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this chapter.

Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by city. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection (C) of this section. The mayor or mayor's designee shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.

Minimum Performance Standards for Restoration.

For alterations to critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, wetlands, and fish and wildlife areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:

The historic structural and functional values shall be restored, including water quality and habitat functions to the greatest extent possible;

The historic soil types and configuration shall be replicated;

The critical area shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and

Information demonstrating compliance with the requirements in AMC § 18.18.250 (Mitigation plan requirements) shall be submitted to the mayor or mayor's designee.

For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:

The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;

Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and

The hazard area shall be replanted with native vegetation sufficient to minimize the hazard.

Site Investigations. The mayor or mayor's designee is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The mayor or mayor's designee shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.

Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense. Any development carried out contrary to the provisions of this chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this chapter. The civil penalty shall be assessed at a maximum rate of $1,000 per day per violation.

(Ord. 21-859 § 1, 2021)

§ 18.18.360 Critical area markers and signs.

Signs and Fencing of Wetlands and Buffers.

Temporary Markers. The outer perimeter of the wetland buffer and the clearing limits identified in an approved permit or land use approval shall be marked in the field with temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the administrator prior to the commencement of permitted activities. Temporary marking shall be maintained throughout completion of all construction activities.

Permanent Signs. As a condition of any permit or land use approval, the administrator may require the applicant to install permanent signs along the boundary of a wetland or its buffer. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post. Signs, when required, shall be posted at an interval of one every 50 feet or one per lot if a lot is less than 50 feet wide and must be maintained by the property owner in perpetuity. Wording of the sign shall note the presence of a protected wetland area and/or wildlife habitat. Specific wording of the sign shall be approved by the administrator.

Fencing.

The applicant shall be required to install a permanent fence around the wetland or its buffer when domestic grazing animals are present or may be introduced on site.

Fencing installed as part of a proposed activity or as required by the administrator shall be designed so as not to interfere with species migration and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.

(Ord. 21-859 § 1, 2021)

§ 18.18.370 Building setbacks.

Reserved.

(Ord. 21-859 § 1, 2021)

§ 18.18.380 Bonds to ensure mitigation, maintenance, and monitoring.

When mitigation required pursuant to a development proposal is not completed prior to the city's final permit approval, such as final plat approval or final building inspection, the city shall require the applicant to post a performance bond or other security in a form and amount deemed acceptable by the city. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional.

The bond shall be in the amount of 125 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater.

The bond shall be in the form of a surety bond, performance bond, assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the city attorney.

Bonds or other security authorized by this section shall remain in effect until the city determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.

Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.

Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law.

Any funds recovered pursuant to this section shall be used to complete the required mitigation.

(Ord. 21-859 § 1, 2021)

§ 18.18.390 Designation, rating, and mapping wetlands.

Designating Wetlands. Wetlands are those areas, designated in accordance with the Corps of Engineers Wetland Delineation Manual (January 1987) and the Arid West Region Regional Supplement (Version 2.0, September 2008), that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the city meeting the wetland designation criteria in the Delineation Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.

Mapping. The approximate location and extent of wetlands are shown on the adopted critical area maps. The following critical area maps, included in the ordinance codified in this chapter as Appendices A, B, C and D, are hereby adopted. Additionally, soil maps produced by U.S. Department of Agriculture National Resources Conservation Service may be useful in helping to identify potential wetland areas.

These maps are to be used as a guide for the city, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation.

Rating. Wetlands shall be rated using a rating system to evaluate the existing wetland functions and values to determine what functions must be protected. Ratings shall be performed using the Washington State Wetland Rating System for Eastern Washington 2014 Update (January 2015).

(Ord. 21-859 § 1, 2021)

§ 18.18.400 Activities allowed in wetlands.

The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in "Allowed activities" (AMC § 18.18.160), and do not require submission of a critical area report, except where such activities result in a loss to the functions and values of a wetland. These activities include:

Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing wetland.

The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed.

Enhancement of a wetland through the removal of nonnative invasive species. Bare areas that remain after weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs.

(Ord. 21-859 § 1, 2021)

§ 18.18.410 Performance standards – General requirements.

Activities may only be permitted in a wetland if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas.

(Ord. 21-859 § 1, 2021)

§ 18.18.420 Critical aquifer recharge areas designation.

CARAs are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. Asotin is located entirely within the Lewiston Basin Aquifer SSA. As such the entire city of Asotin shall be designated as a CARA.

(Ord. 21-859 § 1, 2021)

§ 18.18.430 Exemptions from critical aquifer recharge area regulations.

The following activities shall be exempt from the CARA provisions of this section, provided they are conducted using best management practices for protecting surface and ground water quality:

Single-family residential development.

Development and improvement of parks, recreation facilities, open space, or conservation areas resulting in less than five percent total site impervious surface area that do not increase the use of a hazardous substance.

Group A public water system source development and associated infrastructure.

Public water supply aquifer storage and recovery (ASR) facilities.

Public water pipelines and supply storage structures.

The following underground storage tank (UST) systems, including any piping connected thereto:

Any UST system holding hazardous wastes subject to Subtitle C of the Federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;

Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;

Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

Any UST system whose capacity is 110 gallons or less;

Any UST system that contains a de minimis concentration of regulated substances;

Any emergency spill or overflow containment UST system that is expeditiously emptied after use;

UST systems used for storing heating oil for consumptive use on the premises where stored; except that such systems which store in excess of 1,100 gallons are subject to the release reporting requirements of WAC 173-360-372;

Any pipeline facility (including gathering lines) regulated under:

The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), or

The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), or

Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in subsection (A)(6)(h)(i) or (ii) of this section;

Surface impoundments, pits, ponds, or lagoons;

Storm water or wastewater collection systems;

Flow-through process tanks;

Storage tanks situated in an underground area (such as a basement, cellar, vault, mineworking drift, shaft, or tunnel), if the storage tank is situated upon or above the surface of the floor.

(Ord. 21-859 § 1, 2021)

§ 18.18.440 Reports and studies.

Reports for CARAs shall be submitted to the planning commission by the applicant when a development proposal activity not otherwise exempted within this chapter is proposed on a parcel within an aquifer recharge area.

(Ord. 21-859 § 1, 2021)

§ 18.18.450 Performance standards.

Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer.

The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, Washington State Department of Ecology, and Asotin County Public Health.

The proposed activity must be designed and constructed in accordance with existing local, state and federal laws and regulations, and the Stormwater Management Manual for Eastern Washington (Ecology, current edition), and/or the locally adopted program, as applicable.

(Ord. 21-859 § 1, 2021)

§ 18.18.460 Uses prohibited in critical aquifer recharge areas.

The following activities and uses are prohibited in CARAs:

Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste landfills;

Underground Injection Wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells;

Mining in critical aquifer recharge areas determined to be highly susceptible in the city's wellhead protection plan:

Metals and hard rock mining;

Sand and gravel mining;

Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade);

Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or dispose of radioactive substances.

(Ord. 21-859 § 1, 2021)

§ 18.18.470 Designation of frequently flooded areas.

Frequently Flooded Areas. Frequently flooded areas shall include:

Areas Identified on the Flood Insurance Rate Map(s). Those areas of special flood hazard identified by the Federal Insurance Administration. The flood insurance study and accompanying map(s) are hereby adopted by reference, declared part of this chapter, and are available for public review at the city.

Areas Identified by the Mayor or Mayor's Designee. Those areas of special flood hazard identified by the mayor or mayor's designee based on review of base flood elevation and floodway data available from federal, state, county, or other valid sources when base flood elevation data has not been provided from the Federal Insurance Administrator.

Use of Additional Information. The mayor or mayor's designee may use additional flood information that is more restrictive or detailed than that provided in the flood insurance study conducted by the Federal Emergency Management Agency (FEMA) to designate frequently flooded areas, including data on channel migration, historical data, high water marks, photographs of past flooding, location of restrictive floodways, maps showing future build-out conditions, maps that show riparian habitat areas, or similar information.

Flood Elevation Data. When base flood elevation data is not available (A and V zones), the mayor or mayor's designee shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer this chapter.

Designation Made by Mayor or Mayor's Designee. The flood insurance maps are to be used as a guide for the city, project applicants and/or property owners, and the public and should be considered a minimum designation of frequently flooded areas. As flood insurance maps may be continuously updated as areas are reexamined or new areas are identified, newer and more restrictive information for flood hazard area identification shall be the basis for regulation.

Maintenance of Records. Where base flood elevation data is provided through the flood insurance study or required through subsection (C) of this section, the mayor or mayor's designee shall obtain and record the as-built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. The mayor or mayor's designee shall also maintain for public inspection all records of floodplain hazards, certificates of floodproofing, and flood elevation data.

(Ord. 21-859 § 1, 2021)

§ 18.18.480 Existing regulations.

Chapter 15.28 AMC (Flood Damage Prevention) regulates proposed activities adjacent to or within frequently flooded areas. If allowed, any development permitted in the designated frequently flooded areas are subject to the regulations in Chapter 15.28 AMC.

(Ord. 21-859 § 1, 2021)

§ 18.18.490 Designation of geologically hazardous areas.

Geological hazards pose a threat to the health and safety of citizens when commercial, residential or industrial development is sited in areas of significant hazard. In areas in which these measures are not sufficient to reduce the risk from geological hazards, building is best avoided. Areas that are susceptible to one or more of the following types of hazards are defined as a geologically hazardous area: (1) landslide hazard area; (2) erosion hazard area; (3) seismic hazard area; (4) volcanic hazard area; (5) mine hazard area.

Classification. Classification and rating of these areas will be based upon the risk to development in geologically hazardous areas. The following categories shall be used:

Known or suspected risk;

No risk;

Risk unknown.

Landslide Hazard Areas. The purpose of this section is to protect the public from damage due to development on, or adjacent to, landslides, to preserve the scenic quality and natural character of the city of Asotin's hillsides and to protect water quality.

Land to Which This Subsection Applies. This subsection shall apply to all landslide hazard areas in the city with the exception of public trails. Public trails may be allowed on landslide hazard areas provided they adhere to the construction and maintenance standards in the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18), as the same exists now or may hereafter be amended. Public trails do not include routes constructed for motorized vehicle travel.

Procedure for Development Approval.

Prior to preparation of a proposal involving alteration of a landslide hazard area, the applicant shall contact the city to discuss the overall feasibility, scope of studies and regulatory restrictions relevant to site preparation.

All applications for development within a landslide hazard area or its buffer shall include preliminary information to assist the city in determining the need for a geological or geotechnical report performed by a qualified geologist or geotechnical engineer. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information submitted to the city shall include the following, together with any additional information and reports requested by the city for the specific development proposal:

Applicant's and consultant's (or agent's) names, addresses and phone numbers;

Project name and the nature and type of project;

Location and size of area, and the general setting with respect to major or regional geographic and geologic features;

Expected project cost;

Purpose and scope of the report and geological investigation, including the proposed use of the site, level of study, i.e., feasibility, preliminary, final;

vi.

Brief description of proposed site development, grading, structures and utilities;

vii.

Finished floor grades and excavation levels;

viii.

Known soils in and around project area and soil thicknesses;

ix.

Maximum and minimum slopes in percent, average slope gradient;

Water courses and drainages;

xi.

Topography and drainage within or affecting the area;

xii.

General nature and distribution of exposures of earth materials within the area. Regional and local geology;

xiii.

Disclosure of known or suspected geological hazards affecting the area, including a statement regarding past performance of existing facilities (such as buildings or utilities) in the immediate vicinity. This shall include a history of slope failures, rockslides, debris torrents, and seismic activity;

xiv.

Locations of test holes and excavations (drill holes, water wells, test pits and trenches) shown on maps and sections and described in the text of the report. The actual bore logs, data or processed data upon which interpretations are based shall be included in the report to permit technical reviewers to make their own assessments regarding reliability and interpretation.

Standards.

Buffers. To maintain the natural integrity of landslide hazard areas and to protect the environment, and the public health and safety, the following provisions shall be maintained:

A 50-foot buffer of existing vegetation shall be established from the top, toe and along all sides of the landslide hazard area.

The city code compliance officer may increase the buffer up to 100 percent for all or part of the buffer area based on the following factors: (A) analysis of the required special reports; (B) as necessary to protect the public health and safety.

The city code compliance officer may reduce the buffer by up to 50 percent for all or part of the buffer area based on an analysis of the required special reports.

Development proposals that involve altering land upon areas identified as landslide hazard areas or their buffers must demonstrate the following for approval:

There is no evidence of past landslides in the vicinity of the proposed development and quantitative analysis of slope stability indicates no significant risk to the proposed development or other properties.

The landslide hazard area can be modified or the project can be designed so that the landslide hazard to the project is eliminated.

The development proposal would cause no increase in surface water discharge or sedimentation to other properties, and would not decrease slope stability on other properties.

Disturbance of trees and vegetation would be minimal in order to prevent erosion, stabilize slopes, and preserve the natural character of the area.

Structures and improvements would be located to preserve the most sensitive portion of the site and its natural landforms and vegetation.

Erosion Hazard Areas.

Purpose. Erosion in the city is a common occurrence due to hydrologic and geologic characteristics, vegetative conditions and human land use. The purpose of this section is to minimize the negative impacts of human land use on erosion hazard areas and thereby reduce the damage to the natural environment as well as human-built systems.

Land to Which This Subsection Applies. This subsection pertains to soils in the city that demonstrate erosion hazard potential under development conditions, and/or are identified as such by the U.S. Department of Agriculture National Resource Conservation Service, as the same exists now or may be hereafter amended.

Procedure for Development Approval.

Any applications for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.

On lands being used for agricultural purposes, conservation techniques must be used to reduce the amount of erosion caused by water. Said techniques may include early fall seeding, stubble mulch tillage, grassed waterways, terraces, diversions or strip cropping. Conservation techniques must also be used to reduce the amount of wind erosion.

All authorized clearing for roads and utilities shall be limited to the minimum necessary to accomplish engineering design. Alterations must meet the following requirements:

Clearing, grading or filling of sloped sites containing erosion hazard areas shall be limited by weather conditions and an approved erosion control plan.

All clearing shall be marked in the field for inspection and approval prior to alteration of the site.

The face of cut and fill on slopes shall be prepared and maintained to control against erosion.

An erosion control plan must be submitted by the applicant for a development, prior to approval of the proposal. To minimize blowing soil during development, appropriate water and/or mulch material must be applied to any areas without a vegetative cover.

Seismic Hazards – Land to Which This Subsection Applies. There have been no specifically identified areas in the city which would pose significant, predictable hazards to life and property resulting from earthquakes and the associated ground shaking, differential settlement and/or soil liquefaction.

Procedure for Development Approval.

At such time a seismic hazard area is identified in the city, any application for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.

Any development located in such an area must be designed so that it will be as safe from any earthquake damage as a similar development not located in a seismic hazard area.

Volcanic Hazard Areas – Land to Which This Section Applies. Because there is no river or valley which heads on or near a volcano that flows through the city, there would be no significant damage to people and/or property expected from debris flows, mudflows or related flooding resulting from volcanic activity.

Procedure for Development Approval.

At such time a volcanic hazard area is identified in the city, any application for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.

Any development located in such an area must be designed so that it will be as safe from any volcanic damage as a similar development not located in a volcanic hazard area.

Mine Hazard Area – Land to Which This Section Applies. Because of the geology of the city, there has been little or no historical subsurface mining that could have left areas honeycombed with abandoned mine tunnels. Any open mining is required to have both an approved erosion control plan and an approved reclamation plan that will address steep and unstable slopes.

Procedure for Development Approval.

At such time a mine hazard area is identified in the city, any application for development that may be located in such area must include preliminary information to assist the city in determining the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Preliminary information shall include that information required in subsection (B)(2) of this section.

Any development located in such an area must be designed so that it will be as safe from any mine hazard damage as a similar development not located in a mine hazard area.

(Ord. 21-859 § 1, 2021)

§ 18.18.500 Designation of fish and wildlife habitat conservation areas.

Fish and wildlife habitat conservation areas include:

Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association.

Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status.

State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status.

A combined list of federally and state identified species is included in Appendix D of the ordinance codified in this chapter.

This subsection shall not apply to hair seals and sea lions that are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.

State priority habitats and areas associated with state priority species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the State Department of Fish and Wildlife.

A state list of priority habitats is included in Appendix E of the ordinance codified in this chapter.

Habitats and species of local importance. Habitats and species of local importance are those identified by the city, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

Designation Process. The city shall accept and consider nominations for habitat areas and species to be designated as locally important on an annual basis.

Habitats and species to be designated shall exhibit the following characteristics:

(A)

Local populations of native species are in danger of extirpation based on existing trends:

(1)

Local populations of native species that are likely to become endangered; or

(2)

Local populations of native species that are vulnerable or declining;

(B)

The species or habitat has recreation, commercial, game, tribal, or other special value;

(C)

Long-term persistence of a species is dependent on the protection, maintenance, and/or restoration of the nominated habitat;

(D)

Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in city; and

(E)

Without protection, there is a likelihood that the species or habitat will be diminished over the long term.

Areas nominated to protect a particular habitat or species must represent either high quality native habitat or habitat that has a high potential to recover to a suitable condition and which is of limited availability, highly vulnerable to alteration, or provides landscape connectivity which contributes to the integrity of the surrounding landscape.

Habitats and species may be nominated for designation by any person.