(1) Establishing development and alteration standards to protect functions and values of critical areas;

(2) Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, landslides, seismic and volcanic events, soil subsidence or steep slope failures;

(3) Protecting unique, fragile and valuable elements of the environment including but not limited to fish and wildlife and their habitats and maintaining and promoting City-wide native biodiversity;

(4) Requiring mitigation of unavoidable impacts to critical areas by regulating alterations in or near critical areas;

(5) Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and streams;

(6) Measuring the quantity and quality of wetland and stream resources and preventing overall net loss of wetland and stream functions;

(7) Protecting the public trust as to navigable waters, aquatic resources, and fish and wildlife and their habitat;

(8) Meeting the requirements of the National Flood Insurance Program;

(9) Alerting members of the public including but not limited to appraisers, owners, potential buyers or lessees to the development limitations of critical areas; and

(10) Providing City officials with sufficient information to protect critical areas. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) This chapter applies to all land uses, activity, and development in the City of Covington, and all persons within the City shall comply with this chapter.

(2) City shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ensuring compliance with this chapter.

(3) Approval of a development proposal in accordance with this chapter does not discharge the obligation of the applicant to comply with this chapter.

(4) This chapter applies to all forest practices over which the City has jurisdiction under Chapter 76.09 RCW and WAC Title 222.

(5) Unless exempted in CMC 18.65.047 or 18.65.048, these critical area regulations shall apply to all developments within one or more of the following critical areas or their associated buffers, regardless of whether the site has been previously identified as a critical area. Critical areas include any of the following areas or ecosystems as defined in RCW 36.70A.030 and WAC 365-190-030 and the corresponding buffers and setbacks:

(1) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the City under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all applicable local, State and Federal laws and regulations.

(2) These critical areas regulations shall apply in addition to zoning and other regulations adopted by the City.

(3) When any other chapter of the Covington Municipal Code conflicts with this chapter or when the provisions of this chapter are in conflict, the provision that provides more protection to environmentally critical areas shall apply unless specifically provided in this chapter or unless the provision conflicts with Federal or State laws or regulations.

(4) Compliance with the provisions of this chapter does not constitute compliance with other Federal, State, and local regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, in addition to the process established in this chapter.

(5) If any provisions of this chapter are in conflict with any part of the City’s Shoreline Master Program, herein referenced as the City’s SMP, and codified as Chapter 16.05 SMP, the regulations in RCW 90.58.020 shall apply, as determined by the City.

(6) Provisions of this chapter that are not consistent with the State Shoreline Management Act, Chapter 90.58 RCW and supporting Washington Administrative Code chapters, shall not apply to the City’s shoreline jurisdiction.

(7) Critical Areas within Shoreline Jurisdiction. Critical areas, critical area buffers, and shoreline buffers located within shoreline jurisdiction, as defined in CMC 16.05.040, shall be regulated by this chapter, with the following clarifications and modifications. Additional clarifications and modifications are included where applicable in the body of this chapter.

(1) Fees shall be collected for the permit administration, plan review and other services provided by the City for critical areas review consistent with the critical area review fees set forth in the current fee resolution. Fees shall include but not be limited to cost recovery for engineering and planning review time, site inspection time, administration, third-party peer review, and any other special costs attributable to the critical areas review process.

(2) The applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessments, studies, plans, reconnaissance, or other work prepared in support of or necessary to review the application, unless otherwise provided in this title.

(3) In addition to critical area review fees, as set forth in this section, other fees required by the Covington Municipal Code may be applicable to the critical area review and associated application, including but not limited to Shoreline Management Act, SEPA, tree preservation, and clearing and grading review fees. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Activities and development in response to emergencies that threaten public health, safety or welfare, or that pose an immediate risk of damage to property and that require remedial or preventive action in a time frame too short to allow for compliance with the requirements of this chapter. In the event a person determines that the need to take emergency action is so urgent that there is insufficient time for review by the Department, such emergency action may be taken immediately. Such action shall be reported to the Department within one working day of the commencement of the emergency activity on a form provided by the City. The Director will determine if the action was in response to an emergency and if any mitigation shall be required to protect health, safety, welfare, or environment or to repair any resource damage.

(2) Operation, maintenance, or repair of existing public improvements, utilities, public roads, parks, trails, or drainage systems if the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair, and no new clearing of native vegetation beyond routine pruning.

(3) Normal maintenance and repair, internal reconstruction or remodeling or improvements to existing structures that do not increase the previously approved building footprint, provided the improvements or repairs are not the result of or required due to a flood or floodplain hazard.

(4) Recreation, education, and scientific research activities that do not require grading, native vegetation clearing, or placement of structures.

(5) Site reconnaissance necessary for preparing land use or building permit applications. Any disturbance of the critical area shall be the minimum necessary to conduct the site reconnaissance and the area shall immediately be restored to its previous condition.

(6) Removal by hand of invasive and noxious vegetation. Removal by hand does not include using mechanical equipment or the use of herbicides.

(7) Excavation of cemetery graves in established and approved cemetery. Maintenance, operation, or repair of the cemetery graves as long as any such alteration does not involve the expansion of improvements. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Landscaping. Normal maintenance and continuation of existing landscaping and gardens, within an identified critical area, that were legally established prior to City incorporation, provided the area is not expanded. This partial exemption shall be documented by photographs, statements, and/or other evidence provided by the applicant. The use of herbicide is permitted in wetlands and streams and their buffers only for the control of invasive vegetation. A State and Federally approved registered aquatic formulation shall be applied by a licensed aquatic herbicide applicator in wetlands and streams.

(2) Agricultural. Expansion or creation of agricultural uses within an identified critical area is not allowed subject to the provisions of this chapter. Agricultural activities in existence before the date of incorporation, in continuous operation, and for which the activity is supporting agricultural activity, are partially exempted from this chapter as follows:

(3) Demolition of Structures. The applicant shall submit demolition permit(s) and associated temporary erosion and sedimentation control plan, as applicable.

(4) Normal and Routine Maintenance. Clearing, pruning, removal of nuisance vegetation, and normal and routine maintenance of trees and vegetation shall be subject to permitting requirements in Chapters 14.60, 16.05, and 18.45 CMC. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall immediately and completely be restored prior to resuming development work. 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 violator’s expense to compensate for violation of provisions of this chapter.

(2) Restoration Plan. All development work shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and approved by the City. The 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 subsections (2)(a) and (b) of this section. The Director may, at the owner’s or violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision and resubmittal.

(3) Minimum performance standards identified in subsections (2)(a) and (b) of this section may be modified if the owner or violator can demonstrate that greater functional and habitat values can be obtained.

(4) Site Investigations. Site investigations necessary to enforce this chapter are authorized pursuant to Chapter 1.30 CMC.

(5) Penalties. Any development carried out contrary to the provisions of this chapter shall constitute a public nuisance and be subject to provisions of Chapter 1.30 CMC. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Within the following critical areas and their buffers alterations are allowed if the alteration complies with the sequential steps for mitigation, including avoiding impacts, applicable development standards, mitigation requirements, and other applicable requirements established in this chapter:

(2) Within the following three critical areas and their buffers only the alterations on the table in subsection (7) of this section are allowed if the alteration complies with conditions in subsection (8) of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter:

(3) Within frequently flooded areas allowed uses are as established in the City of Covington flood damage prevention ordinance (Chapter 16.15 CMC), and the shoreline master program (Chapter 16.05 CMC) if applicable.

(4) The City may require other construction techniques, conditions, and restrictions on development in order to minimize adverse impacts on critical areas.

(5) The applicant is responsible for obtaining permits from the City for the allowed alterations pursuant to CMC 18.65.100. The request for an alteration may be submitted sequentially with other identified City permits or development review. The City may collect fees for the review of the alteration in accordance with CMC 18.65.046. The applicant is responsible for obtaining associated State and Federal permits as applicable and conditioned in this chapter.

(6) Activities and allowed alterations within a shoreline jurisdiction as identified in the City’s SMP (Chapter 16.05 CMC), including Pipe Lake and Type S streams and shoreline buffers, shall be subject only to the provisions set forth in Chapter 16.05 CMC, unless otherwise specified in that chapter.

(7) In the following table where an alteration is included in more than one activity category, the numbered conditions applicable to the most specific description of the alteration govern. Where more than one numbered condition appears for a listed alteration, each of the relevant conditions specified for that alteration within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required.

(8) The following alteration conditions apply to the table in subsection (7) of this section:

(1) Agricultural activities are allowed to continue within identified critical areas if the agricultural activity and the alteration are in compliance with an approved farm conservation plan in accordance with this chapter and Chapter 18.80 CMC.

(2) This section does not waive the requirement that the property owner obtain permits for activities covered by an approved farm conservation plan.

(3) A farm conservation plan prepared and approved by the King Conservation District shall be submitted to the City for any livestock facilities, structures housing fowl, confinement areas, grazing areas, and construction of any access drive to service the keeping of livestock or agriculture activities located on properties with critical areas and critical area buffers. The farm conservation plan shall include the following information, but not limited to:

(4) The farm conservation plan shall address the following goals, which are listed in order of priority:

(5) Any in-water or wetland impacts will need to be reviewed and approved by State and Federal agencies.

(6) Prior to approving a farm conservation plan, the City shall conduct a site inspection, to verify that the conditions identified in the plan are in place and that the plan is reasonably likely to accomplish the goals outlined in this section. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) If the application of this chapter prohibits a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this subsection along with the required fees as set forth in CMC 18.65.046. An exception shall not be granted for properties wholly or partially located within a shoreline of the State as regulated in Chapter 16.05 CMC or floodplain as regulated in Chapter 16.15 CMC.

(1) If the application of this chapter would deny all reasonable use of the property, the applicant may apply for an exception pursuant to this section upon payment of the fee as set forth in CMC 18.65.046. The exception shall not be granted for properties wholly or partially located within a shoreline of the State as regulated in Covington’s SMP as regulated in Chapter 16.05 CMC or floodplain as regulated in Chapter 16.15 CMC.

(2) Reasonable use exceptions do not apply in the City’s shoreline jurisdictions. Exceptions within the City’s shoreline jurisdictions are processed as a shoreline permit or variance pursuant to CMC 16.05.090.

(3) A reasonable use exception is a Type 3 permit process. The Director shall prepare a staff report to the Hearing Examiner for a decision.

(4) A reasonable use exception request shall be on a form as determined by the City and shall include a critical area report in accordance with CMC 18.65.110. The critical area report shall address the following additional criteria:

(5) The Hearing Examiner shall review the application and staff report and hold a public hearing pursuant to Chapter 2.25 CMC and CMC Title 14. The Hearing Examiner shall base the decision on the following criteria:

(6) If the City grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property, considering the factors described in subsections (5)(a) through (g) of this section. Any approval or waiver of requirements shall result in the minimum possible impacts to the function and values and/or risks associated with proposed improvements on affected critical areas. The City may impose limitations, mitigation under an approved mitigation plan, conditions and/or restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section.

(7) The reasonable use exception approval expires and is void if the applicant fails to file a complete building permit application within five years of the final decision granting or approving the exception.

(8) The City may approve a subsequent modification to a specific use and site plan that has been approved through the reasonable use exception, provided the change meets the standards of this chapter. Otherwise, the applicant is required to apply for and obtain approval through a Type 2 land use process pursuant to Chapter 14.35 CMC for a new reasonable use exception. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) The applicant shall submit a critical area report consistent with CMC 18.65.110. The Department shall review for any development proposal application, permit or other request to alter a site which includes a critical area or is within a critical area buffer. The applicant shall pay a critical area review fee as set forth in CMC 18.65.046.

(2) As part of the critical area review, the City shall determine whether:

(1) Unless waived or modified by the Director, an applicant proposing activities which include impacts or alteration of a critical area or its associated buffer shall submit a critical areas report that adequately evaluates the proposal and probable impacts, and proposed mitigation.

(2) The critical area report shall be prepared by a qualified professional, incorporate best available science, and include, at the minimum, the following items:

(3) Critical area reports may be reviewed by the City’s third-party consultant at the applicant’s expense, at the City’s discretion. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) An applicant for a development proposal or alteration shall sequentially adhere to the following measures, which appear in order of priority, to avoid and provide compensation for impacts to critical areas and critical area buffers:

(2) The specific mitigation requirements of this chapter for each critical area apply when compensation for adverse impacts is required by the sequence in subsection (1) of this section. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) If mitigation is allowed under this chapter to compensate for adverse impact and alterations to the critical area and associated buffer, unless otherwise provided, an applicant shall:

(2) The Department shall not approve a development proposal until mitigation and monitoring plans have been reviewed and approved to mitigate for alterations to critical areas and buffers.

(3) Whenever mitigation is required, an applicant shall submit a mitigation plan that includes:

(4) Mitigation shall not be implemented until after the City approves the mitigation and monitoring plan. The applicant shall notify the City when mitigation is installed and monitoring is commenced and shall provide City with reasonable access to the mitigation for the purpose of inspection during any monitoring period.

(5) If monitoring reveals a significant deviation from predicted impact or a failure of mitigation, the applicant shall implement an approved contingency plan. The contingency plan constitutes new mitigation and is subject to all mitigation requirements including a monitoring plan and financial guarantee requirements. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) To the maximum extent practical, an applicant shall mitigate adverse impacts to a wetland, stream, wildlife habitat conservation area or wildlife habitat network on or contiguous to the development site. The Director may approve mitigation that is off the development site, at the Director’s sole discretion, if an applicant demonstrates that:

(2) When off-site mitigation is authorized, the Director shall give priority to locations identified through a watershed assessment, preferably within the same drainage sub-basin as the development proposal site, that meet the following:

(3) The Director may require documentation that the mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the function of the mitigation. The documentation may include, but need not be limited to, a conservation easement or other agreement between the applicant and owner of the mitigation site. The City of Covington may enter into agreements or become a party to any easement or other agreement necessary to ensure that the site continues to exist in its mitigated condition.

(4) The City of Covington may develop a program to allow the payment of a fee in lieu of providing mitigation on a development site. Once approved by the IRT, the program should address:

(1) Financial guarantees for mitigation required pursuant to this chapter shall be sufficient to guarantee that all required mitigation measures will be completed no later than the time established by the City.

(2) Financial guarantees shall also be required for restoration of a critical area or buffer not performed as part of a mitigation or maintenance plan except that no financial guarantee shall be required for minor stream restoration.

(3) If the development proposal is subject to mitigation, maintenance, or monitoring plans, the applicant shall post a financial guarantee in the amount deemed acceptable by the City. The financial guarantee shall be sufficient to guarantee satisfactory workmanship on, materials in and performance of or related to structures and improvements allowed or required by this chapter for a period of five years. The duration of maintenance/monitoring obligations shall be established by the City, based upon the nature of the proposed mitigation, maintenance, or monitoring and the likelihood and expense of correcting mitigation or maintenance failures.

(4) When mitigation is required pursuant to a development proposal and is not completed prior to the City finally approving the proposal, the City may delay final approval until mitigation is completed or may require the applicant to post a financial guarantee in an amount deemed acceptable to the City. The financial guarantee shall be sufficient to guarantee that all required mitigation measures will be completed no later than the time established by the City in accordance with this chapter.

(5) For financial guarantees associated with mitigation, corrective work, restoration, or enhancement, the financial guarantee shall be sufficient to cover the time and cost to guarantee satisfactory workmanship, materials and performance of structures and improvements required by this chapter and any monitoring of those structures and improvements required by approved plans and conditions.

(6) Depletion, failure or collection of the financial guarantee shall not relieve an applicant or violator from completing the required mitigation, maintenance, monitoring, or restoration as required under this chapter.

(7) Public development proposals shall be relieved from having to comply with the provisions of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Markers. Development proposals shall include permanent survey stakes delineating the boundary between adjoining property and critical area tracts, using markers capable of being magnetically located and as established by current survey standards.

(2) Signs. The applicant shall identify the boundary between a critical area tract and contiguous land with permanent signs. Permanent signs shall be City-approved type designed for high durability.

(3) Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances:

(1) The owner of any property containing critical areas or buffers on which a development proposal is submitted or any property on which mitigation is established as a result of a development proposal, except a public right-of-way or the site of a permanent public facility, shall file a notice approved by the Director with the King County Division of Records and Elections. The property owner receiving approval of a use or development with critical areas pursuant to this chapter shall record a site plan or other instrument clearly delineating the critical area, critical area buffer, and critical area structure setback with the King County Division of Records and Elections. The site plans must include a statement that the provisions of this chapter as now, or hereafter amended, control the use and development of the subject property.

The notice shall inform the public of the presence of critical areas or buffers or mitigation sites on the property, the application of this chapter to the property and the possible existence of limitations on actions in or affecting the critical areas or buffers or the fact that mitigation sites may exist.

(2) The applicant shall submit proof that the notice on title has been filed for public record before City of Covington approves any development proposal for the property or, in the case of subdivisions, short subdivisions, commercial site development and binding site plans, at or before recording of the subdivision, short subdivision, commercial site development or binding site plan. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) The applicant shall use critical area tracts to delineate and protect those critical areas and buffers listed below in development proposals and shall record on all documents of title of record for all affected lots:

(2) Critical area tracts shall be designated on the plat. A plat note shall include the following restriction:

Critical area tracts shall be preserved for the purpose of preventing harm to property and the environment, including but not limited to controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat. Removal or disturbance of vegetation and landscaping within the tract is prohibited, except as necessary for maintenance or replacement with approval by the City of Covington.

(3) The City may require that any required critical area tract be dedicated to the City, be held in an undivided interest by each owner of a building lot within the development with this ownership interest passing with the ownership of the lot, or be held by an incorporated homeowners’ association or other legal entity that ensures the ownership, maintenance, and protection of the tract.

(4) Site plans submitted as part of building permits, clearing and grading permits, or other development permits shall include all critical areas, buffers, and building setbacks and delineate all flood hazard areas as determined by the City in accordance with CMC 18.65.230, landslide and steep slope hazard areas in accordance with CMC 18.65.250 through 18.65.300, fish and wildlife habitat conservation areas in accordance with CMC 18.65.350 through 18.65.440, and wetlands in accordance with CMC 18.65.318 through 18.65.340. If only a part of the development site has been mapped pursuant to CMC 18.65.110, the part of the site that has not been mapped shall be clearly identified and labeled on the site plans. Site plans shall be attached to the notice on title required by CMC 18.65.170. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Landscaping;

(2) Uncovered decks lower than 30 inches in height above existing grade;

(3) Building overhangs if the overhangs do not extend more than 18 inches into the setback area;

(4) Impervious surface areas, such as driveways and patios; but these improvements are required to meet any special drainage provisions specified in public rules adopted for the various critical areas; and

(5) Utility service connections as long as the excavation for installation avoids impacts to the buffer. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) This article regulates development activities on or within 50 feet of a geologically hazardous area.

(2) Geologically hazardous areas include areas susceptible to erosion, landsliding, seismic, or other geological events. The following areas are designated as geologically hazardous areas:

(3) Alterations within geological hazard areas are allowed pursuant to CMC 18.65.050.

(4) The critical area report shall include a geotechnical evaluation prepared by a geotechnical engineer or engineering geologist licensed in the State of Washington.

(5) The Director may approve a permit for development activities within 50 feet, but not less than 15 feet, of a steep slope area or a landslide hazard area, based on the findings of critical area report that the development will not be at risk of damage due to the geologic hazard and will not lead to nor create any increased slide, seismic or erosion hazard.

(6) Allowed alteration within a steep slope, erosion, or landslide hazard area shall minimize alterations to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography in accordance with Chapter 14.60 CMC. Freestanding retaining devices are only permitted when they cannot be designed as structural elements of the building foundation. Structures and improvement shall be located to preserve the most critical portions of the site and its natural landforms and vegetation. (Ord. 08-21 § 4 (Exh. C); Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Clearing on an erosion hazard area is allowed only from April 1st to September 1st, unless otherwise determined by the Director and based on an approved erosion and sediment control plan. Timber harvesting may be allowed pursuant to an approved forest practice permit issued by the Washington Department of Natural Resources or pursuant to an approved tree removal permit as required by Chapter 18.45 CMC.

(2) All development proposals, including but not limited to subdivisions, short subdivisions, or commercial site development or binding site plans, shall retain existing vegetation on all lots, in accordance with Chapter 14.60 CMC, until the City has approved engineering plans and issued the development proposal construction permits.

(3) Limited clearing of vegetation on lots may only be allowed for the installation of erosion and sediment control in accordance with a submitted grading permit or engineering plans. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) All proposed improvements within an erosion hazard area or seismic hazard area shall follow the recommendations within the critical area report, and supplemental geotechnical evaluation required in CMC 18.65.250(4), to ensure the improvements will not adversely affect geologic hazards and the improvements are at minimal risk by the geologic hazard as designed under anticipated conditions.

(2) For any development proposal on a site containing an erosion hazard or seismic hazard area, an erosion and sediment control plan shall be required and included as part of the mitigation plan. The erosion and sediment control plan shall be prepared in compliance with the adopted City standards and stormwater manual.

(3) Proposed improvements within an erosion hazard area shall also demonstrate all the following via the critical area report:

(4) If vegetation is removed beyond the scope of the approved clearing and grading permit and erosion and sediment control plan associated with the construction of development infrastructure, the City may stop work and the applicant shall be required to submit a restoration plan to the City for review and approval prior to further construction activity allowed on site. Following approval, the applicant shall be required to implement the plan. The City may require a financial guarantee to ensure implementation of the restoration plan.

(5) Where the City determines that erosion from a development site poses a significant risk of damage to downstream receiving waters, based either on the size of the project, the proximity to the receiving water or the sensitivity of the receiving water, the applicant shall be required to provide continuous monitoring of surface water discharge, turbidity, and suspended sediment concentrations from the site. If the project does not meet water quality standards established by law or administrative rules, the City may suspend further development work on the site until such standards can be met.

(6) Unless otherwise provided in CMC 18.65.050 or part of an allowed exemption, the use of hazardous substances, pesticides and fertilizers in erosion hazard areas may be prohibited by the City. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Only the alterations identified in CMC 18.65.050 are allowed within a landslide hazard area with a slope of 40 percent or greater;

(2) The critical area report shall include an engineer’s evaluation prepared by an engineer or geologist licensed in the State of Washington;

(3) A buffer is required from all edges of the landslide hazard area. The width of the buffer is based upon a critical area report that shall reflect the sensitivity of the landslide hazard area in question and the types and density of uses proposed on or adjacent to the geologic hazard. The Director may allow buffers to be reduced, no less than 15 feet, if the supplemental engineer evaluation identifies that the reduction will adequately protect the proposed and surrounding development from the critical landslide hazard. To eliminate or minimize the risk of property damage or injury resulting from landslides caused in whole or part by the development, the Director shall determine the size of the buffer based upon the findings and recommendations of a critical area report and supplemental engineer evaluation required in subsection (2) of this section. If a critical area report is not submitted to the City, the minimum buffer shall be 50 feet. If the landslide hazard area has a vertical rise of more than 200 feet, the Department may increase the minimum buffer to 100 feet;

(4) Unless otherwise provided in CMC 18.65.050 or part of an allowed exemption, removal of any vegetation from a landslide hazard area or buffer is prohibited. The buffer shall be extended beyond these limits if they are deemed necessary to mitigate steep slope and erosion hazards, or as otherwise necessary to protect the public health, welfare or safety;

(5) All alterations shall minimize disturbance to the landslide hazard area, slope, and vegetation unless necessary for slope stabilization; and

(6) Alterations in a landslide hazard area located on a slope less than 40 percent are allowed if:

(1) Only the alterations identified in CMC 18.65.050 are allowed within a steep slope hazard area;

(2) A buffer or setback of 50 feet is required from all edges of the steep slope hazard area. To eliminate or minimize the risk of property damage or injury resulting from slope instability, landsliding, or erosion caused in whole or part by the development, the City shall determine the size of the buffer or setback, which may increase or decrease the buffer, based upon a critical area report prepared by a geotechnical engineer or geologist. If a critical area report is not submitted to the City, the minimum buffer is 50 feet. In no case shall the buffer be less than 15 feet, and the buffer may only be reduced pursuant to the findings of the critical area report that demonstrates that the reduction will not reduce the level of protection to the proposed development and the critical area as provided by the 50-foot buffer. An occupied building shall not be closer than 25 feet (including buffer from the top or the toe of a steep slope (or altered steep slope); and

(3) Unless otherwise provided in CMC 18.65.050 or part of an allowed exemption, removal of any vegetation from a steep slope hazard area or buffer is prohibited. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Before approving any alteration or development under this article, the City may require the applicant to submit the following information in addition to or as part of the critical areas report:

(2) A decision by the Director to reduce the buffer shall be based on a critical area report that includes the following assessment criteria:

(3) The decision by the Director to reduce the buffer shall include the following conditions:

Both conditions shall be met prior to the issuance of a building permit. The Director may attach additional conditions as necessary to achieve the purpose and intent of this section.

(4) If the City approves any development under this section, it may, among other appropriate conditions, impose the following conditions of approval:

(1) Critical aquifer recharge areas include those areas with a critical recharging effect on aquifers used for potable water where an aquifer that is a source of drinking water is vulnerable or susceptible to contamination that would affect the potability of water. Susceptibility to ground water contamination occurs where there is a combination of permeable soils, permeable subsurface geology, and decreasing hydraulic head with depth. See the Natural Resources Element of the Covington Comprehensive Plan for a map of potential aquifer recharge areas within the City of Covington.

(2) Critical aquifer recharge areas are categorized as Category I, II, or III as follows:

(3) The Director may, upon consultation with affected jurisdictions and the affected local water purveyor, determine the location of aquifer recharge areas based on additional information about areas with susceptibility to ground water contamination or on changes to sole source aquifers or wellhead protection areas as identified in wellhead protection programs. (Ord. 09-19 § 9 (Exh. D); Ord. 09-18 § 5; Ord. 06-17 § 4 (Exh. B))

(1) Does not meet the criteria for a critical aquifer recharge area and declassify that area; or

(2) Has the wrong critical aquifer recharge area classification and determine the correct classification. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Development that will not cause contaminants to enter the aquifer may be permitted in critical aquifer recharge areas.

(2) The City shall impose development conditions to prevent degradation of critical aquifer recharge areas. Development conditions shall be based on all known, available, and reasonable methods of prevention, control and treatment (“AKART”).

(3) The proposed activity must comply with the water source protection requirements and recommendations of the Federal Environmental Protection Agency, State Department of Ecology, State Department of Health, and Public Health – Seattle and King County.

(4) The proposed activity must be designed and constructed in accordance with the City’s stormwater manuals adopted in Chapter 13.25 CMC. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Any proposed development located in critical aquifer recharge areas shall submit a hazardous materials inventory statement with a permit, land use, or business license application. Ongoing operation and maintenance activities of public wells by public water providers are exempt from these requirements.

(2) The City will review the hazardous materials inventory statement along with the permit, land use, or business license application to determine whether hazardous materials will be used, stored, transported or disposed of in connection with the proposed activity. The City shall make the following determinations and apply the appropriate capture zone protection measures:

(3) A spill containment and response plan may be required to identify equipment and/or structures that could fail, and shall include provisions for inspection as required by the applicable State regulations.

(4) A ground water monitoring plan may be required to monitor quality and quantity of ground water, surface water runoff, and/or site soils. The City may require the owner of a facility to install one or more ground water monitoring wells to accommodate the required ground water monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels.

(5) The City may employ an outside consultant at the applicant’s expense for third-party review of the critical areas report, hydrogeologic assessment, the spill containment and response plan, and the ground water monitoring plan.

(6) The following new development proposals and alterations are not allowed on a site if any portion of the site is located in a Category I critical aquifer recharge area:

(7) The following new development proposals and alterations are not allowed on a site if any portion of the site is located in a Category II critical aquifer recharge area:

(8) The following new development proposals and alterations are not allowed on a site if any portion of the site is located in a Category III critical aquifer recharge area:

(9) The following standards apply to development proposals and alterations that are substantial improvements on a site if any portion of the site is located in a critical aquifer recharge area:

(10) In any critical aquifer recharge area, the property owner shall properly decommission an abandoned well.

(11) On sites located in a critical aquifer recharge area, development proposals and alterations for new development, including, but not limited to, a subdivision, short subdivision, commercial site development, binding site plan, or dwelling unit, shall incorporate best management practices pursuant to the stormwater manuals adopted in Chapter 13.25 CMC into the site design in order to manage stormwater runoff.

(12) The City may approve a development proposal otherwise prohibited by subsection (6), (7) or (8) of this section if the applicant demonstrates through a critical areas report that the development proposal is located outside of the critical aquifer recharge area and that the development proposal will not cause an unmitigated significant adverse environmental impact to the critical aquifer recharge area. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Generally. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done using the U.S. Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (U.S. Army Corps of Engineers 2010), or as amended. All areas within the City meeting the wetland criteria are hereby designated critical areas and are subject to the provisions of this chapter. Wetland delineations are valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary.

(2) Evaluation. The developer shall determine if a wetland exists on or within 225 feet of the subject property, and shall submit a wetland report prepared by a qualified professional. The City will verify the findings in the report based on current studies and field verification. The wetland report and the accompanying plan sheets shall contain the following information:

(3) No development or improvements may be located within a wetland except as provided in this chapter. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Different types of wetlands are separated from one another on the basis of wetland class and wetland category. Wetland class is determined by using a scientific system based upon dominant plant communities, substrate conditions, hydrologic regime, and location in the watershed. Wetland category is determined by using a rating system based on specific attributes such as rarity, sensitivity to disturbance, and the functions they provide.

(2) Wetland Class. Two classification systems are commonly used to describe wetlands. The first is a science-based classification system used by the U.S. Fish and Wildlife Service as described in Classification of Wetlands and Deepwater Habitats of the United States, Second Edition (Federal Geographic Data Committee. 2013. FGDC-STD-004-2013).

The second is the hydrogeomorphic method (HGM) classification (Brinson 1993), a system WDOE incorporated for use in the Washington State Wetland Rating System for Western Washington (WDOE Publication No. 14-06-029, or as hereafter amended).

(3) Wetland Category. Wetland category is used to regulate activities in a wetland and in determining the standard width of the required wetland buffer. The wetland category is determined after a wetland has been identified and delineated in accordance with the approved wetland delineation manual.

WDOE Publication No. 14-06-029, or as amended, contains the definitions and scoring methods used for determining wetlands functions and rating. The wetland category of an individual wetland is determined by the total score for the functions which is recorded on the first page of the wetland rating form included in WDOE Publication No. 14-06-029, or as amended. Wetlands are also rated for “special characteristics,” when applicable, the value of which is included in the final category rating.

(1) Wetland – Buffers. Except as otherwise provided in this section, buffers shall be provided from the wetland edge in accordance with the following standards:

(2) Buffer Impact Minimization Measures. The following measures shall be implemented in order to utilize the standard buffer widths as noted in subsection (1) of this section.

(3) If a Category I or II wetland with habitat score seven points or greater is located within 300 feet of a priority habitat area as defined by the Washington State Department of Fish and Wildlife, the buffer established by subsection (1) of this section shall be increased by 50 feet unless:

(4) Buffer Averaging. The Director may approve a modification of the standard buffer widths required on a case-by-case basis by averaging buffer widths, based on review of a critical area report prepared by a qualified professional describing the current functions of the wetland and its buffer and the measures that will be taken to ensure that there is no loss of wetland function due to buffer averaging, if:

(5) Where a legally established street transects a wetland buffer, the Director may approve a modification of the minimum required buffer width to the edge of the roadway if part of the buffer is on the other side of the roadway:

(6) The City may establish minimum buffer widths for wetlands that are created as a result of enhancement or restoration projects that are not mitigation for a development proposal or alteration. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Mitigation measures must achieve equivalent or greater wetland functions, including, but not limited to:

(2) The following ratios of area of mitigation to area of alteration apply to determine mitigation area required for permanent alterations:

(3) As an alternative to mitigation ratios provided in the table in subsection (2) of this section, the City of Covington may approve mitigation using the WDOE Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Publication No. 10-06-011) (Hruby 2012) or as revised. This tool can be used to determine mitigation needs by estimating the functions and values lost when a wetland is altered, and estimating the gain in functions and values that result from the mitigation. This method must be applied by individuals trained and approved by Ecology in the use of this method;

(4) The City may consider two or more contiguous sites under common ownership as one site for the purpose of mitigation ratios when:

(5) For temporary alterations to a wetland or its buffer that are predominantly woody vegetation, the City may require mitigation in addition to restoration of the altered wetland or buffer;

(6) For rectifying an illegal alteration to any category wetland or its buffer, the ratio of area of mitigation to area of alteration for repair, rehabilitation or restoration is one and one-half to one and the mitigation measures shall replicate the natural pre-alteration wetland configuration at its natural pre-alteration location to the maximum extent practical, including:

(7) Mitigation for an alteration to a buffer of a wetland that occurs along an aquatic area lake shoreline in accordance with an alteration identified in CMC 18.65.050 shall include, but not be limited to, on-site revegetation, maintenance and other restoration of the buffer or setback area to the maximum extent practical and shall be evaluated against the requirements of the City’s SMP (Chapter 16.05 CMC) if applicable; and

(8) The City may allow off-site mitigation for adverse impacts to buffers on the development proposal site at a ratio higher than that required for mitigation on site if the applicant demonstrates that it is not feasible to mitigate on the development proposal site, in the same wetland or wetland complex, pursuant to off-site mitigation requirements in CMC 18.65.135. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) This article regulates development in fish and wildlife habitat conservation areas (“FWHCA”) and their associated buffers. FWHCAs in the City include subsections (2) through (6) of this section. All areas within the City meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed consistent with best available science, such as the current edition of the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitats and Species.

(2) Streams and Shorelines. Streams and shoreline water bodies shall be classified in accordance with the Washington Department of Natural Resources permanent water typing system (WAC 222-16-030), or as amended, which is hereby adopted in its entirety by reference and summarized as follows:

(3) Naturally Occurring Ponds. Those ponds that are less than 20 acres in size and not regulated as “shorelines of the State.” Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

(4) Areas with State or Federally Designated Endangered, Threatened, and Sensitive Species Having a Primary Association.

(5) 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.

(6) Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the City of Covington, including but not limited to those habitats and species that, due to the population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element where a species has a primary association, and if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. The City of Covington has determined habitats and species in subsection (5) of this section are habitats and species of local importance. Additional habitats and species of local importance are those identified by the City including:

(1) Fish and wildlife habitat conservation areas include nesting and breeding grounds for State and Federal threatened, endangered, sensitive or priority species listed by the Washington State Department of Fish and Wildlife, including corridors or networks which connect priority habitat, and those areas which provide habitat for species of local importance which have been or may be identified by the City of Covington.

(2) The purpose of fish and wildlife habitat conservation areas shall be to provide opportunities for food, cover, nesting, breeding and movement for fish and wildlife within the City; maintain and promote diversity of species and habitat within the City; coordinate habitat protection with elements of the City’s established or planned wildlife corridors wherever possible; help to maintain air and water quality; control erosion; provide areas for recreation, education and scientific study and aesthetic appreciation; and contribute to the established character of the City.

(3) The City of Covington has given special consideration to the identification and regulation of fish and wildlife habitat conservation areas that support anadromous fisheries in order to preserve and enhance species which are or may be listed as endangered, threatened or priority species by State and Federal agencies. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Fish and wildlife habitat conservation areas are those areas designated by the City based on review of the best available science; input from Washington Department of Fish and Wildlife, Washington Department of Ecology, and other agencies; and any of the following criteria:

(2) The City designates the following fish and wildlife habitat conservation areas that meet the above criteria, and this designation does not preclude designation of additional areas as provided in subsection (1) of this section:

(1) Streams and Shorelines – Buffers. No development may take place within a stream or shoreline water body or within the following standard buffer areas except as allowed within this chapter or the SMP (Chapter 16.05 CMC). Buffer widths shall be measured outward on a horizontal plane from the ordinary high water line or top of bank if ordinary high water line cannot be identified:

(2) Buffer Averaging. The Director may approve a modification of the minimum required standard buffer widths, on a case-by-case basis, by averaging buffer widths, based on review of a critical area report prepared by a qualified professional describing the current function of the stream and the stream buffer and the measures that will be taken to ensure that there is no loss of stream function due to buffer averaging if:

(3) Buffer Reduction. The Director may approve a modification of the minimum required buffer width for a development proposal if the applicant demonstrates that the buffer cannot provide certain functions because of soils, geology or topography subject to the following:

(4) Where a legally established street transects a stream buffer, the Director may approve a modification of the minimum required buffer width to the edge of the roadway if the part of the buffer on the other side of the roadway:

(5) The Director may establish minimum buffer widths for streams that are created as a result of enhancement or restoration projects that are not mitigation for a development proposal or alteration.

(6) The buffer areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property.

(7) Permanently Altered Buffer. The Director may provide written approval for a buffer reduction when existing conditions are such that portions of the required buffer exist in a permanently altered state (e.g., roadways, paved parking lots, and permanent structures) and do not provide any buffer function, based on review of a critical area report prepared by a qualified professional. The buffer may be reduced up to the area where the altered conditions exist.

(8) Increased Buffer Widths. The Director may require increased buffer widths that are necessary to protect habitat, health, safety, and welfare on site-specific areas as follows:

(1) Only the alterations identified in CMC 18.65.050 are allowed in non-shoreline streams and stream buffers. Activities and alterations to shoreline buffers shall be subject to the provisions of the SMP, Chapter 16.05 CMC.

(2) Grading for allowed alterations in stream buffers is only allowed from May 1st to October 1st;

(3) The soil duff layer should not be disturbed to the maximum extent practical. The disturbed duff layer should be redistributed to other areas of the project site where feasible;

(4) The moisture-holding capacity of the topsoil layer should be maintained by minimizing soil compacting or re-establishing natural soil structure and the capacity to infiltrate on all areas of the site that impervious surfaces do not cover;

(5) To the maximum extent practical, vegetation outside the stream buffer is spatially connected to the vegetation in the buffer to prevent creation of windthrow hazards in the buffer;

(6) New structures within a stream buffer, permitted in accordance with this chapter, shall be sited to avoid the creation of future hazard trees and to minimize the impact on ground water movement from the structure;

(7) To the maximum extent practical, hazard trees are retained in stream buffers and are topped to reduce the hazard or pushed over toward the stream; and

(8) Alterations may only be permitted if also approved by State and/or Federal permits, if applicable. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Alterations may only be permitted if based upon a critical area report prepared in accordance with CMC 18.65.110;

(2) Upon application for critical area review or associated development proposal, the City will notify affected agencies and native tribes of the proposed alterations prior to any alteration if a stream is in a frequently flooded area. The applicant will be required to provide a response or additional documentation based on requests by affected agencies and native tribes;

(3) There shall be no introduction of any plant or wildlife which is not indigenous to the City into any stream or buffer unless authorized by a State or Federal permit or approval;

(4) Surface water discharge to a stream buffer from a stormwater management facility may be allowed if there are no significant adverse impacts to the stream or required buffer and the discharge is in compliance with the stormwater manuals adopted in Chapter 13.25 CMC and in accordance with CMC 18.65.050;

(5) New Stream Crossings. New stream crossings will be reviewed and decided upon using the Type 2 decision process in CMC Title 14. Responses to decisional critical and design requirements in this section shall be included in the critical areas report. Stream crossings may be allowed and may encroach on the otherwise required stream buffer if:

(6) Stream Relocations. Stream relocations may be allowed only for:

(7) A stream channel may be stabilized if:

(8) Stream enhancement not associated with any other development proposal may be allowed if accomplished according to a plan for its design, implementation, maintenance and monitoring prepared by a civil engineer, a landscape architect or a qualified biologist and carried out under the direction of a qualified biologist or landscape architect;

(9) A minor stream restoration project for fish habitat enhancement may be allowed if:

(10) Roadside drainage ditches which carry streams with salmonids may be maintained through the use of best management practices developed in consultation with relevant City, County, State and Federal agencies. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Mitigation measures shall be addressed in the critical area report and must achieve equivalent or greater stream functions including, but not limited to:

(2) To the maximum extent practical, permanent alterations that require restoration or enhancement of the altered stream, stream buffer or another stream or stream buffer must consider the following design factors, as applicable to the function being mitigated:

(3) Mitigation to compensate for adverse impacts shall meet the following standards:

(4) For purposes of subsection (3) of this section, a mitigation measure is in the same stream reach if the length of stream bank meets the following criteria:

(5) The City may reduce the mitigation ratios in subsection (3) of this section to 2:1 for Type S or F streams and 1.5:1 for Type Np or Ns streams if the applicant provides a scientifically rigorous mitigation monitoring program that includes the following elements:

(6) For rectifying an illegal alteration to any type of stream or its buffer, mitigation measures must meet the following standards:

(7) The City may modify the requirements in this section if the applicant demonstrates that, with respect to each stream function, greater functions can be obtained in the affected hydrologic unit that the Director may determine to be the drainage sub-basin through alternative mitigation measures. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) No development may take place within naturally occurring ponds or within buffer areas from the naturally occurring ponds except as allowed in this chapter.

(2) Naturally occurring ponds may also be considered wetlands based on CMC 18.65.319. If the naturally occurring pond is deemed a wetland then the applicable wetland buffer, based on the wetland category, shall apply. A determination by the City does not preclude the applicant from meeting State and Federal agency determinations and permitting requirements. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) General Requirements. Habitat conservation areas are subject to the following provisions:

(1) New development proposals, subdivisions, short subdivisions, commercial site plans, and binding site plans shall place the corridor in a contiguous permanent critical area tract with all developable lots sited on the remaining portion of the project site.

(2) The fish and wildlife habitat corridor shall be sited on the development in order to meet the following conditions, where feasible:

(3) Fish and wildlife habitat corridors do not parallel Type Np streams, except as required to provide a connection between two features as described above.

(4) A management plan for the wildlife corridor contained within a tract or tracts shall be prepared that specifies the permissible extent of recreation, forestry or other uses compatible with preserving and enhancing the wildlife habitat value of the tract or tracts. The management plan shall be reviewed and approved by the Department. The approved management plan for a development proposal shall be contained within and recorded on title or with the covenants, conditions and restrictions (CCRs). If the wildlife corridor is contained in a conservation easement, a management plan is not required, but may be submitted to the Department for review and approval and recorded with the conservation easement.

(5) Clearing within the wildlife corridor contained in a tract or tracts shall be limited to that allowed by the management plan or as otherwise allowed by this chapter. No clearing, including the removal of woody debris, shall be allowed within a wildlife corridor contained within a conservation easement on individual lots, unless the property owner has an approved management plan.

(6) Where feasible, a homeowners’ association or other entity capable of long-term maintenance and operation shall be established to monitor and assure compliance with the management plan. The association shall provide homeowners with information on the Washington Department of Fish and Wildlife’s backyard wildlife sanctuary program.

(7) Low impact uses and activities which are consistent with the purpose and function of the habitat corridor and do not detract from its integrity may be permitted within the corridor depending on the sensitivity of the habitat area. Examples of uses and activities which may be permitted in appropriate cases include trails that are pervious, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements and other similar uses, or activities otherwise described and approved by the Washington Department of Fish and Wildlife; provided, that any impacts to the corridor resulting from such permitted facilities shall be fully mitigated.

(8) At the discretion of the Director, these standards may be waived or reduced for public facilities such as public schools, fire stations, public parks, and public road projects.

(9) The wildlife corridor tract or easement shall be permanently marked and fenced consistent with the methods contained in CMC 18.65.160 and the City’s design and construction standards in effect at the time of application. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) Relevant standards for other critical areas (such as wetlands and streams) that may be located within the fish and wildlife habitat conservation area, as determined by the City, shall be incorporated into mitigation plans.

(2) The following additional mitigation measures shall be reflected in fish and wildlife habitat conservation area mitigation planning:

(1) Habitat Assessment. A habitat assessment is an investigation of the site to evaluate the potential presence or absence of designated species of local importance or habitat for the species of local importance. A critical area report for habitat for species of local importance shall contain an assessment of habitats including the following site- and proposal-related information at a minimum:

(1) Designation Process. Any person may nominate for designation, or propose de-designation, of a species or habitat of local importance in accordance with a Type 4 permit process pursuant to CMC Title 14. Additional species and habitat of local importance may be designated pursuant to this section.

(2) Decision Criteria. A species may be designated a species of local importance only if it demonstrates the following characteristics:

(3) Nominations for habitats or species of local importance shall include the following:

(4) Effect of Designation. Designation of a species and habitat of local importance under this section shall not impact projects or proposals with a vested application or approved permit. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) All activities, uses, and alterations proposed to be located in water bodies used by fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, the following standards:

(2) Structures that prevent the migration of fish shall not be allowed in the portion of water bodies currently or historically used by fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))

(1) No development shall be allowed within a habitat conservation area or buffer where State or Federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by Washington Department of Fish and Wildlife or applicable State or Federal agency.

(2) Whenever activities are proposed adjacent to a habitat conservation area where State or Federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the City. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife and other appropriate Federal or State agencies. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))