Granite Falls City Zoning Code

Purpose of Section and Additions by Reference. The purpose of this section is to establish a clearly understood and effective set of policies and procedures for implementing the State Environmental Policy Act as set forth in Chapter 43.21C RCW. The sections of the SEPA rules hereinafter set forth by number are adopted by reference as if fully set forth. Copies of the statute and the rules (Chapter 197-11 WAC) shall be kept available for public inspection at City Hall. This section contains the basic requirements that apply to the SEPA process. The city adopts Chapter 197-11 WAC by reference.

The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources.

The city recognizes that each person has a fundamental and inalienable right to a healthful environment, and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

The city incorporates by reference all policies in the cited city codes, ordinances, resolutions and plans, and all amendments to them in effect prior to the date of a technically complete application of any building permit or preliminary plat, or prior to issuance of a declaration of nonsignificance (DNS) or draft environmental impact statement (DEIS) for any other action. These documents include, but are not limited to, the following: Granite Falls comprehensive plan and incorporated elements, development code, critical area regulations, shoreline master program, International Building Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, Uniform Code for the Abatement of Dangerous Buildings, flood damage prevention regulations, six-year transportation improvement program, stormwater comprehensive plan, water and sewer utility plans and regulations, park and recreation plan, public works standards, Washington State Ventilation and Indoor Air Quality Code, Washington State Energy Code, International Existing Building Code, International Green Construction Code, International Residential Code, International Property Maintenance Code, International Swimming Pool and Spa Code, and International Housing Code.

Through the project review process:

For those proposals for which the city is the lead agency, the designated official shall be the SEPA responsible official as defined by WAC 197-11-788.

For all proposals for which the city is the lead agency, the designated official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or designated official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.

The city shall be the lead agency for any nonexempt action, WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the city is aware that another agency is in the process of determining the lead agency.

When the city is the lead agency for a proposal, the administrator shall determine the designated official designee who shall supervise compliance with the threshold determination requirements, and, if an environmental impact statement (EIS) is necessary, shall supervise preparation of the EIS.

When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the determination of nonsignificance (DNS) or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

If the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period.

When the city is lead agency for a Model Toxic Control Act (MTCA) remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city's staff recommendation to the appropriate advisory body, if any.

If the city's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. Sufficient information shall be required from the applicant to enable the designated official to adequately fulfill his responsibility under SEPA and this chapter consistent with the provisions of WAC 197-11-100 and 197-11-335, which sections are adopted by reference in this chapter.

Purpose. This section contains the rules for deciding whether a proposal has a probable significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impacts of proposals not requiring an EIS.

Categorical Exceptions – Adoption by Reference. The city adopts the rules of WAC 197-11-800, as now existing and hereafter amended, by reference as supplemented by this chapter.

Flexible Thresholds for Categorical Exemptions. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1) based on local conditions:

New Exemption Levels. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, headquarters office, Olympia, WA 98504, under WAC 197-11-800(1)(c).

Threshold Determination Process – Adoption by Reference. The city adopts by reference the threshold determination process as stipulated under WAC 197-11-330, as now existing and hereafter amended.

In determining whether or not a proposal is exempt, the designated official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the city shall determine the lead agency even if the license application that triggers the city's consideration is exempt.

If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

A completed environmental checklist (or a copy) in the form provided on the city's web site or at City Hall shall be filed at the same time as an application for a permit, license certificate, or other approval not specifically exempted in this chapter; except for:

For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, at the applicant's costs under the current fee schedule, if either of the following occurs:

For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30-day review prior to use.

Pursuant to WAC 192-11-315(6), the city may identify questions on the environmental checklist adequately covered by adopted ordinance, development regulation, land use plan, or other legal authority. The city still must consider whether the action has an impact on the particular element or elements of the environment in question.

The city may determine the appropriate methods for receipt of electronic submittals of the environmental checklist from applicants including electronic signature of Part C of the environmental checklist.

The city may include helpful information (including web links) in the environmental checklist to assist applicants in completing the questions.

As provided in this section and in WAC 197-11-350, the designated official may issue a DNS based on conditions attached to the proposal by the designated official or on changes to, or clarifications of, the proposal made by the applicant.

An applicant may request in writing early notice of whether a declaration of significance (DS) is likely under WAC 197-11-350. The request must:

The designated official should respond to the request for early notice within 15 calendar days. The response shall:

As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

Any mitigated DNS issued under WAC 197-11-340(2) shall require a 14-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.

Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

The city's written response under subsection (L)(3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination.

Purpose of Section and Adoption by Reference. This section contains the rules for preparing environmental impact statements.

Preparation of EIS.

Additional Elements. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

Commenting.

Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city's nonexempt permit(s) or approval(s) required for the proposal.

Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360, the city shall give public notice as follows:

Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).

Whenever the city issues a DEIS under WAC 197-11-455 or an SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).

The city may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.

The designated official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

The designated official shall be responsible for the city's compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city.

Purpose. This section contains rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for the city's own environmental compliance.

Purpose. This section contains rules and policies for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations to agencies or the courts.

Substantive Authority.

Notice – Statute of Limitations.

SEPA Appeals.

Consolidation. Except as provided in subsection (Q)(4) of this section, an appeal under this section shall consolidate any SEPA appeal with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before the hearing examiner. The hearing or appeal shall be one at which the hearing examiner will consider either the agency's decision or a recommendation on the proposed underlying governmental action. If no hearing or appeal on the underlying governmental action is otherwise provided, then no SEPA appeal is allowed under this section, except as allowed under subsection (Q)(4) of this section.

Exceptions to Consolidation. The following appeals of SEPA procedural or substantive determinations need not be consolidated with a hearing or appeal on the underlying governmental action:

Written Notice. All procedural and substantive SEPA appeals provided under this section shall be initiated by filing a written notice of SEPA administrative appeal with the designated official, accompanied with the applicable appeal fee. No additional appellate fee shall be charged in conjunction with a hearing on the underlying permit or approval.

SEPA Procedural Appeals. SEPA procedural appeals shall be initiated and conducted in the manner set forth below:

SEPA Substantive Appeals. SEPA substantive appeals shall be initiated and conducted in the manner set forth below:

How to Appeal. The appeal must be in the form of a written notice of appeal, and must contain a brief and concise statement of the matter being appealed, the specific components or aspects that are being appealed, the appellant's basic rationale or contentions on appeal, and a statement demonstrating standing to appeal. The appeal may also contain whatever supplemental information the appellant wishes to include. The appeal shall also contain the following:

Fees. The person filing the appeal shall include with the letter of appeal the fee as established by resolution.

Procedures for Appeal Hearing.

Participation in the Appeal. Only those persons with legal standing are entitled to appeal the threshold determination and may participate in the appeal. Participation includes the following:

Staff Report on the Appeal.

Continuation of the Hearing. The hearing examiner may continue the hearing if, for any reason, it is unable to hear all of the public comments on the appeal or if it determines that it needs more information within the scope of the appeal. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter, no further notice of that hearing need be given, beyond that required by the Open Public Meetings Act.

Decision on the Appeal.

Additional Appeal Procedures.

Dismissal of Appeal. The hearing examiner may summarily dismiss an appeal without hearing when such an appeal is determined by the hearing examiner to be without merit on its face, frivolous, or brought merely to secure a delay, or that the appellant lacks legal standing to appeal.

Effect of Appeal. The filing of an appeal of a threshold determination or adequacy of a final environmental impact statement (FEIS) shall stay the effect of such determination or adequacy of the FEIS and no major action in regard to a proposal may be taken during the pendency of an appeal and until the appeal is finally disposed of by the hearing examiner. A decision to reverse the determination of the designated official and uphold the appeal shall further stay any decision, proceedings, or actions in regard to approval.

Withdrawal of Appeal. An appeal may be withdrawn, only by the appellant, by written request filed with the city clerk who shall inform the hearing examiner of the withdrawal request. If the withdrawal is requested before the response of the designated official, or before serving notice of the appeal, such request shall be permitted and the appeal shall be dismissed without prejudice by the hearing examiner, and the filing fee shall be refunded.

Standard of Review. The hearing examiner may affirm the decision of the designated official or the adequacy of the environmental impact statement, or remand the case for further information; or the hearing examiner may reverse the decision if the administrative findings, inferences, conclusions, or decisions are:

Evidence – Burden of Proof. In each particular proceeding, the appellant shall have the burden of proof, and the determination of the designated official shall be presumed prima facie correct and shall be afforded substantial weight. Appeals shall be limited to the records of the designated official.

Judicial Appeal.

Purpose. This section contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities.

Fees. The city shall require the following fees for its activities in accordance with the provisions of this UDC:

Purpose and Intent. The purpose of this critical areas section is to identify environmentally critical areas and to protect these areas without violating any citizen's constitutional rights. Landslide, erosion, and seismic hazards, wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, and flood hazard areas constitute critical areas that are of special concern to Granite Falls. The city finds that these critical areas perform a variety of valuable and beneficial biological and physical functions that benefit the city and its residents; certain critical areas may also pose a threat to human safety or to public and private property. By limiting development and alteration of these critical areas, this chapter seeks to:

Compliance with the provisions of the 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, apart from the process established in this title. Where applicable, the designated official will encourage use of information such as permit applications to other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review.

Definitions.

Prior to fulfilling the requirements of this title, Granite Falls shall not grant any approval or permission to alter the condition of critical area or critical area buffer, or to construct or alter any structure or improvement including, but not limited to, the following:

Granite Falls shall perform a critical areas review for any Granite Falls permit approval requested for a proposal on a site which includes or is adjacent to one or more critical areas or critical area buffers unless otherwise provided in this chapter. As part of all applications, Granite Falls shall verify the information submitted by the applicant to:

Agricultural Activities. Existing and ongoing agricultural activities, provided no alteration of flood storage capacity or conveyance occurs. Any expansion of existing and ongoing agricultural activities is subject to review and compliance with this chapter.

Damaged Structures. Remodeling of structures in existence on the effective date hereof. When such structures are damaged by fire, explosion, or other unforeseen circumstances, they may be reconstructed or replaced within one year; provided, that the new construction or related activity does not further intrude into a critical area or established buffer and is subject to flood hazard areas reconstruction restrictions.

Artificially Created Wetlands and Water Conveyance Systems. Activities involving modifications to artificially created wetlands or water conveyance systems that were not created to convey a stream or portion of a stream that existed prior to development, including, but not limited to, grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams, swales, or additional features that provide critical habitat for fish, and artificial features created as part of a mitigation requirement, which do not qualify for exemption.

Existing Roads. Maintenance, operation and reconstruction of existing roads, streets, utilities and associated structures, acknowledging that activities which expand impacts are not exempt and must comply with the provisions of this chapter.

Emergency Activities. Emergency activities necessary to prevent an immediate threat to public health, safety, or property. If emergency activities impact critical areas or their buffers, mitigation is required to ensure no net loss of ecological functions and values.

Allowing Exception. If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest.

Application for Exception. An application for a critical areas reasonable use exception shall be filed with the city clerk and shall be reviewed by the designated official as a Type II review. The designated official shall issue a final decision on an application for a reasonable use exception.

Determination – Conditions. In order to approve a reasonable use exception, the hearing examiner must determine that:

Alterations. Any authorized alteration of a critical area under this section shall be subject to conditions established by the city of Granite Falls and shall require mitigation under an approved mitigation plan.

These critical areas regulations shall apply as an overlay and in addition to zoning, land use and other regulations established by the city. In the event of any conflict between these regulations and any other regulations of the city, the regulations that provide greater protection to environmentally critical areas shall apply.

Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to overlap or multiple functions of some critical resources or critical areas. Wetlands, for example, may be defined and regulated according to the wetland and habitat provisions of this chapter. In the event of any conflict between regulations for any particular critical areas in this chapter, the regulations which provide greater protection to environmentally critical areas shall apply.

Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, or the size or nature of the critical area, the strict application of this title would deprive the property owner of reasonable use of their property;

The granting of the variance is the minimum necessary to accommodate the development proposal and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is situated, or contrary to the goals and purposes of this chapter; and

If a variance application for stream buffers is merged with a pending shoreline development permit application, the applicant shall pay the city a single fee equal to the amount of the shoreline permit; and

No variance from stream buffers shall be granted which is inconsistent with the policies of the Shoreline Management Act[1] of the state of Washington and the city's shoreline master program of the city of Granite Falls; and

Best available science, as set forth in this section, shall be taken into consideration in the granting of a buffer width variance.

A record of notice shall be placed on the title of any property subject to these critical areas regulations in the development review process.

A notice shall be provided to any adjacent property that may be impacted by critical areas buffers as required in this chapter.

The city's critical area maps are not exhaustive and additional critical areas may exist on a site that are not mapped. It is the responsibility of the property owner to confirm the presence of any potential critical areas and to identify all critical areas.

Special Studies Required.

Waivers from Study Requirements. The designated official may waive the requirement for a special study if there is substantial proof showing that:

Exceptions to Study Requirements. No special study is required for the following alteration proposals:

Contents of Special Study.

Scope. To promote consistent application of the standards and requirements of this title, critical areas within the city shall be rated and classified according to their characteristics, function and value, and/or their sensitivity to disturbance.

Wetlands Classification and Delineation. Wetlands shall be designated Category I, Category II, Category III and Category IV, according to Ecology's Wetland Rating System for Western Washington (Ecology Publication #23-06-009), or as revised. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done by a qualified wetland professional in accordance with the approved federal wetland delineation manual, the most current version of the "Washington State Wetland Rating System for Western Washington," and applicable regional supplements.

Geologically Hazardous Areas.

Landslide Hazard Areas. Development proposals on sites containing Class I and Class II landslide hazards shall meet the following requirements:

Erosion Hazard Areas. Alteration of a site containing a critical erosion hazard area shall meet the following requirements:

Seismic Hazard Areas.

Channel Migration Hazard Areas. Activities on sites containing channel migration hazard areas shall meet the following requirements:

Fish and Wildlife Habitat Conservation Areas Classification. Fish and wildlife habitat conservation areas shall be classified as critical. Fish and wildlife habitat conservation areas are those habitat areas which meet any of the following criteria:

Flood Hazard Classification. Flood hazard areas consist of the following components, as determined by the city:

General Requirements. All boundaries of critical areas established by the requirements of this chapter shall be clearly marked prior to any construction activities. All wetland and habitat buffers shall be permanently signed prior to final approval.

Wetlands.

Critical Habitat Areas.

Classification of Fish and Wildlife Habitat Conservation Areas.

Fish and Wildlife Habitat Buffer Areas.

Fish and Wildlife Habitat Alteration and Mitigation. After careful consideration of the potential impacts and a determination that impacts are unavoidable, unavoidable impacts to streams, associated fish buffers and wildlife habitat not exempt under this section, granted a variance under this section, or meeting the criteria for a reasonable use exemption shall be mitigated as follows:

Fish and Wildlife Mitigation Standards, Criteria and Plan Requirements.

Fish and Wildlife Habitat Performance Standards and Incentives.

Fish and Wildlife Habitat Monitoring Program and Contingency Plan.

Aquifer Recharge Areas.

Flood Hazard Areas. Development sites within flood hazard areas shall conform to the requirements of the Snohomish County shorelines master program, the requirements of subsection (I)(9) of this section, and the requirements of Section 19.07.035. The requirements for developments in flood hazard areas shall be consistent with the FEMA requirements for the National Flood Hazard Insurance Program.

Statutory Authorization. The Legislature of the state of Washington has delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city of Granite Falls does ordain as follows:

Findings of Fact.

Purpose. It is the purpose of this section to promote the public health, safety, and general welfare by managing development in order to:

Lands to Which This Section Applies. This section shall apply to the regulatory floodplain, which is comprised of the special flood hazard area and all protected areas within the jurisdiction of the city of Granite Falls, as defined in subsection (C) of this section.

Approach. In order to achieve the listed purposes, this section:

Penalties for Noncompliance. No development shall be undertaken or placed in the areas regulated by this section without full compliance with the terms of this section and other applicable regulations of the city of Granite Falls. Violations of the provisions of this section by failure to comply with any requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Granite Falls from taking such other lawful action as is necessary to prevent or remedy any violation. Each violation or each day of continued unlawful activity shall constitute a separate violation.

Interpretation. In the interpretation and application of this section, all provisions shall be:

Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, codes or chapters. However, where this section and another code, chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Warning and Disclaimer of Liability. The degree of property and habitat protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods and movement of channels outside of mapped channel migration zone areas can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the regulated areas or development permitted within such areas will be free from flood or erosion damage. This section shall not create liability on the part of the city of Granite Falls or any officer or employee thereof for any damage to property or habitat that results from reliance on this section or any administrative decision lawfully made hereunder.

Severability. The provisions and sections of this section shall be deemed separable and the invalidity of any portion of this section shall not affect the remainder.

Regulatory Floodplain. The regulatory floodplain is comprised of the special flood hazard area and all protected areas within the jurisdiction of the city of Granite Falls. The term also includes areas delineated pursuant to subsection (C)(5) of this section.

Special Flood Hazard Area.

Flood Hazard Data.

Protected Area.

New Regulatory Data.

Establishment of Floodplain Development Permit. A floodplain development permit shall be obtained before construction or development begins within the regulatory floodplain. The permit shall be for all development as set forth in subsection (B) of this section, Definitions.

Floodplain Development Permit Application. Application for a floodplain development permit shall be made on forms furnished by the city's designated official and shall include, but not be limited to:

Floodplain Development Permit Expiration. If there has been no start of construction, a floodplain development permit shall expire 180 days after the date of issuance. Where the applicant demonstrates or documents a need for an extension beyond this period due to documented regulatory requirements or conditions beyond the applicant's control, the city's designated official may authorize up to two 90-day extensions.

Designation of the City's Designated Official. The city's designated official shall be city manager or his/her designee to administer and implement this section by granting or denying floodplain development permit applications in accordance with its provisions.

Duties of the City's Designated Official. Duties of the city's designated official shall include, but not be limited to:

Records.

Certificate of Occupancy.

Board of Appeals.

Variance Criteria.

Development Proposals. All new development proposals, including subdivisions and manufactured home parks, shall:

Site Design.

Hazardous Materials. No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the regulatory floodplain. This prohibition does not apply to small quantities of these materials kept for normal household use.

Critical Facilities.

Applicability. This subsection's protection requirement applies to all new structures and substantial improvements, which include:

Flood Protection Standards.

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall be elevated in accordance with subsection (F)(2) of this section. As an alternative to elevation, a new or substantial improvement to a nonresidential structure and its attendant utility and sanitary facilities may be flood proofed. The project must meet the following:

Manufactured Homes. All manufactured homes to be placed or substantially improved on sites shall be:

Recreational Vehicles. Recreational vehicles placed on sites shall:

Small Structures. A building such as a detached garage, boathouse, pole barn, or storage shed, that is no larger than 500 square feet and is not used for human habitation, may be exempt from the elevation requirement of subsection (F)(2)(a) of this section, provided:

Utilities.

Nondevelopment Activities. Activities that do not meet the definition of "development" are allowed in the regulatory floodplain without the need for a floodplain development permit under this section, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or "manmade changes to improved or unimproved real estate":

Activities Allowed with a Floodplain Permit. The following activities are allowed in the regulatory floodplain without the analysis required in subsection (G)(5) of this section or the habitat impact assessment required under subsection (G)(7) of this section, providing all other requirements of this section are met, including obtaining a floodplain development permit:

Other Activities. All other activities not listed in subsection (G)(1) or (G)(2) of this section that are allowed by the city's development regulations are allowed, provided they meet all the other requirements of this section, including the analysis required in subsection (G)(5) of this section and the habitat impact assessment required under subsection (G)(7) of this section, and a floodplain development permit is issued.

Native Vegetation. The site plan required in subsection (D)(2) of this section shall show existing native vegetation.

Floodway Standards.

Compensatory Storage. New development shall not reduce the effective flood storage volume of the regulatory floodplain. A development proposal shall provide compensatory storage if grading or other activity displaces any effective flood storage volume. Compensatory storage shall:

Habitat Impact Assessment. Unless allowed under subsections (G)(1) and (G)(2) of this section, a permit application to develop in the regulatory floodplain shall include an assessment of the impact of the project on water quality and aquatic and riparian habitat. The assessment shall be either:

Habitat Mitigation Plan.