Raymond City Zoning Code
PART II
ENVIRONMENTAL REGULATIONS
§ 15.14.010 Program adopted by reference.
The city adopts the shoreline management master program of 1975, a copy of which is attached to the ordinance codified in this section and on file in the office of the city clerk, and by this reference is made a part of this chapter.
(1958 code § 11.20.010; Formerly 17.08.010; Ord. 1638 § 4, 2001)
§ 15.14.020 Establishing fees for shoreline substantial development permit applications and the review thereof.
A fee schedule for administrative expenses shall be applied to every application for a substantial development permit. An application for a shoreline substantial development permit is an incomplete application until all fees are paid (see current fee schedule). Permit applications for substantial developments that have started construction prior to submission and approval of a substantial development permit application shall be accompanied by a fee that is triple the fees that are listed in the current fee schedule.
(Ord. 1845 § 2, 2015)
§ 15.16.010 Statutory authorization.
The legislature of the state has in Chapter 36.70 RCW delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council of the city does ordain as set out in this chapter.
(Ord. 1835 § 1, 2015)
§ 15.16.020 Findings of fact.
A.
The flood hazard areas of the city are subject to periodic inundation which may result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B.
These flood losses are impacted by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flooding losses.
(Ord. 1835 § 1, 2015)
§ 15.16.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed:
A.
To protect human life and health;
B.
To minimize expenditure of public money and costly flood control projects;
C.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G.
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 1835 § 1, 2015)
§ 15.16.040 Methods of reducing flood losses.
In order to accomplish its purpose, this chapter includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards; or which result in damaging increases in erosion, flood heights, or velocities;
B.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C.
Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
D.
Controlling filling, grading, dredging, and other development which may increase flood damage; and
E.
Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas.
(Ord. 1835 § 1, 2015)
§ 15.16.050 Definitions.
Unless specifically defined below, terms or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:
A. "Appeal"
means a request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
B. "Area of shallow flooding"
means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; and AH indicates ponding.
C. "Area of special flood hazard"
means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters "A" or "V."
D. "Base flood"
means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designated on the FIRM by the letters "A" or "V."
E. "Basement"
means any area of the building having its floor sub-grade below ground level on all sides.
F. "Breakaway wall"
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
G. "Critical facility"
means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
H. "Development"
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
I. "Elevated building"
means for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
J. "Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of normally dry land areas from:
K. "Flood Insurance Rate Map (FIRM)"
means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
L. "Flood Insurance Study (FIS)"
means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.
M. "Floodway"
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
N. "Lowest floor"
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at RMC § 15.16.170(A)(2) (i.e., provided there are adequate flood ventilation openings).
O. "Manufactured home"
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include a "recreational vehicle."
P. "Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Q. "New construction"
means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.
R. "Recreational vehicle"1. 2. 3. 4.
means a vehicle:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
S. "Start of construction"
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement or permanent construction of a structure on a site, such as the pouring of a concrete slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
T. "Structure"
means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
U. "Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
V.
Substantial Improvement.
1. "Substantial improvement"a. b.
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
2.
The term does not, however, include either:
a.
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
b.
Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.
W. "Variance"
means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
X. "Water dependent"
means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
(Ord. 1835 § 1, 2015)
§ 15.16.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(Ord. 1835 § 1, 2015)
§ 15.16.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study, Pacific County, Washington, and Incorporated Areas, dated May 18, 2015," with accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study (FIS) and the FIRM are on file at City Hall, 230 Second Street, Raymond, Washington. The best available information for flood hazard area identification as outlined in RMC § 15.16.140(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under RMC § 15.16.140(B). The base flood elevation is established at 10 feet NAVD 1988, per the FIRM dated May 18, 2015.
(Ord. 1835 § 1, 2015)
§ 15.16.080 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction hereof be fined not more than $300.00 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 1835 § 1, 2015)
§ 15.16.090 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1835 § 1, 2015)
§ 15.16.100 Interpretation.
§ 15.16.110 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer, or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 1835 § 1, 2015)
§ 15.16.120 Establishment of development permit.
A.
Development or Building Permit Required. A development or building permit shall be obtained before development or construction begins within any area of special flood hazard established in RMC § 15.16.070. The building permit shall be for all structures including manufactured homes, as set forth in RMC § 15.16.050, and the development permit for all other development, including fill and other activities, also as set forth in RMC § 15.16.050.
B.
Application for Permits. Application for a building permit shall be in accordance with RMC § 15.84.030. Application for a development permit shall be made on forms furnished by the city. Applications shall include, but not be limited to, plans in duplicate drawn to scale showing the nature, locations, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
1.
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with Section B completed by an authorized official;
2.
Elevation in relation to mean sea level to which any structure has been floodproofed;
3.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in RMC § 15.16.170(B);
4.
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(Ord. 1835 § 1, 2015)
§ 15.16.130 Designation of the local administrator.
The director of public works is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(Ord. 1835 § 1, 2015)
§ 15.16.140 Duties and responsibilities of the local administrator.
Duties of the local administrator shall include, but not be limited to:
A.
Permit Review.
1.
Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2.
Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required;
3.
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of RMC § 15.16.180(A) are met.
B.
Use of Other Base Flood Data. When base flood elevation data has not been provided (in A or V zones) in accordance with RMC § 15.16.070, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from the federal, state, or other source, in order to administer RMC § 15.16.170 and 15.16.180.
C.
Information to Be Obtained and Maintained.
1.
Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection (B) of this section, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. Record elevations on a current elevation certificate (FF 81-31) with Section B completed by an authorized official.
2.
For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (B) of this section:
3.
Maintain for public inspection all records pertaining to the provisions of this chapter.
D.
Alteration of Watercourses.
1.
Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and
2.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E.
Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in RMC § 15.16.200.
(Ord. 1835 § 1, 2015)
§ 15.16.150 Conditions for variances.
A.
Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.
B.
Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
C.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
E.
Variances, as interpreted in the National Flood Insurance Program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or the economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
F.
Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (A) of this section, and otherwise complies with RMC § 15.16.160(A), (C), and (E).
G.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.
H.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1835 § 1, 2015)
§ 15.16.160 General standards.
In all areas of special flood hazards, the following standards are required:
A.
Anchoring.
1.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2.
All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. For more detailed information, refer to FEMA-85 guidebook titled "Manufactured Home Installation in Flood Hazard Areas."
B.
Construction Materials and Methods.
1.
All new construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage.
2.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3.
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
C.
Utilities.
1.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
2.
Water wells shall be located on high ground that is not in the floodway, see WAC 173-160-171 for additional guidelines.
3.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
4.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D.
Storage of Certain Materials. The storage of materials within special flood hazard areas that in the time of flooding are buoyant, flammable, explosive, or could be deleterious to the environment are prohibited.
E.
Subdivision Proposals.
1.
All subdivision proposals shall be consistent with the need to minimize flood damage;
2.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4.
Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
F.
Review of Building Permits. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (RMC § 15.16.140(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.
(Ord. 1835 § 1, 2015)
§ 15.16.170 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in RMC § 15.16.070 or 15.16.140(B), the following provisions are required:
A.
Residential Construction.
1.
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to 14.5 feet NAVD, 1988 Datum or higher, in order to be concurrent with the previous NGVD 1929 Datum. Adding this additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 percent. Adding additional freeboard is encouraged.
2.
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria:
a.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b.
The bottom of all openings shall be no higher than one foot above the finished ground grade;
c.
Openings may be equipped with screens, louvers, or other coverings or devices; provided, that the openings permit the automatic entry and exit of floodwaters. Note: Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted which may increase flood insurance premiums.
B.
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to 14.5 feet NAVD, 1988 Datum or higher, in order to be concurrent with the previous NGVD 1929 Datum, or together with attendant utility and sanitary facilities shall:
1.
Be floodproofed so that below one foot or more above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water. Adding an additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 percent. Adding additional freeboard is encouraged.
2.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
3.
Be stamped by a registered professional engineer or certified by an architect to ensure that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications, and plans. Project certifications shall be provided to the official as set forth in RMC § 15.16.140(C)(2).
4.
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section.
5.
Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level).
C.
Manufactured Homes. All manufactured homes to be placed or substantially improved within "A" and "V" zones on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at 14.5 feet NAVD, 1988 Datum or higher, in order to be concurrent with the previous NGVD 1929 Datum, and be securely anchored to an adequately anchored foundation system in accordance with the provisions of RMC § 15.16.160(A).
D.
Recreational Vehicles. Recreational vehicles placed on sites are required to either:
E.
Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of areas of special flood hazard (100-year floodplain). Construction of new critical facilities shall be permissible within the areas of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the areas of special flood hazard shall have the lowest floor elevated three feet above base flood elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Ord. 1835 § 1, 2015)
§ 15.16.180 Floodways.
Located within areas of special flood hazard established in RMC § 15.16.070 are areas designated as floodways. Since the floodway can be an extremely hazardous area as a result of the velocity of floodwaters which may carry debris, and can increase erosion potential on unprotected shorelines and roadways, the following provisions apply:
A.
Prohibition of encroachments, including compacted and uncompacted fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B.
Construction or reconstruction of residential structures is prohibited within designated floodways, except for:
1.
Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and
2.
Repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the fair market value of the structure either:
a.
Before the repair or reconstruction is started; or
b.
If the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes, or to structures identified as historic places, may be excluded from the 50 percent fair market value limitation.
(Ord. 1835 § 1, 2015)
§ 15.16.190 Chapter provisions not exclusive.
Nothing contained in this chapter shall infringe upon or derogate against the provisions of the fire zone ordinance and the building code of the city.
(Ord. 1835 § 1, 2015)
§ 15.16.200 Appeals.
A.
The planning commission, established by the city council, shall hear and decide appeals and requests for variances from the requirements of this chapter.
B.
The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.
C.
In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1.
The danger that materials may be swept onto other lands to the injury of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7.
The compatibility of the proposed use with existing and anticipated development;
8.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9.
The safety access to the property in times of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11.
The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
D.
Upon consideration of the factors of subsection (C) of this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E.
The administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Ord. 1835 § 1, 2015)
§ 15.18.010 Title and purpose.
A.
This chapter shall be known as the critical areas ordinance (CAO) of the city of Raymond.
B.
The purpose of this chapter is to designate and protect ecologically sensitive and hazardous areas within the city, as required by RCW 36.70A.060, while allowing for the reasonable use of property.
C.
Critical areas within the city include wetlands, geologically hazardous areas, fish and wildlife habitat conservation areas, and frequently flooded areas.
(Ord. 1863 § 1, 2017)
§ 15.18.020 Relationship to other regulations.
A.
The CAO shall apply as an overlay to RMC Titles 15, Unified Development Code, 16, Building and Construction, and 17, Comprehensive Plan.
B.
In shoreline jurisdiction, if there is a conflict with the provisions of this chapter and the shoreline master program (SMP), the SMP takes precedence.
(Ord. 1863 § 2, 2017)
§ 15.18.030 Interpretation.
In the interpretation and application of this chapter, its provisions shall be the minimum requirements necessary, shall be liberally construed to serve the purposes of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute.
(Ord. 1863 § 3, 2017)
§ 15.18.040 Severability.
If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstance shall be judged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions of each clause, sentence, paragraph, section, or part of this law are hereby declared to be severable.
(Ord. 1863 § 4, 2017)
§ 15.18.050 Applicability.
A.
The provisions of this chapter shall apply to all lands, all land uses and development activities, and all structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the city. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of this chapter.
B.
The 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, in, over, or on a critical area or associated buffer, without first ensuring compliance with the requirements of this chapter.
(Ord. 1863 § 5, 2017)
§ 15.18.060 Definitions.
A. "Administrator"
means the director of public works or designee.
B. "Critical areas"
includes the following areas and ecosystems as defined in RCW 36.70A.030 and WAC 365-195-200:
C. "Fish and wildlife habitat conservation area"
means land managed for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species always, but it does mean cooperative and coordinated land use planning is critically important among counties and cities in a region. In some cases, intergovernmental cooperation and coordination may show that it is sufficient to assure that a species will usually be found in certain regions across the state. Fish and wildlife habitat conservation areas include areas with which endangered, threatened, and sensitive species have a primary association; waters of the state; state natural area preserves and natural conservation areas; and streams and rivers planted with game fish by a governmental agency. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
D. "Geologically hazardous areas"
means areas that, because of the susceptibility to erosion, sliding, earthquake, or other geological events, are not generally suited to locating commercial, residential, or industrial development consistent with public health or safety concerns. Geologically hazardous areas are characterized by slopes greater than 15 percent and known erosion, landslides, settling, rockslide, debris flow and/or seismic hazards as defined by the U.S. Department of Agriculture Soil Conservation Service.
E.
Species of Concern. Species of concern in Washington include those species listed as state endangered, state threatened, state sensitive, or state candidate, as well as species listed or proposed for listing by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. See WAC 232-12-297 for further definition.
G.
Type F Water. "Type F water" means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories:
1.
Waters, which are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered as Type F water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;
2.
Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F water designation provided the department determines after a landowner-requested on-site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that:
3.
Waters, which are within a federal, state, local, or private campground having more than 10 camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail, or other park improvement;
4.
Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria:
H.
Type Np Water. "Type Np water" means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are flowing waters that do not go dry any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.
I.
Type Ns Water. "Type Ns water" means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters.
J. "Waters of the state"
includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
K. "Wetland or wetlands"
means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created because of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.
L.
Qualified Professional. A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.
(Ord. 1863 § 6, 2017)
§ 15.18.070 Compliance with critical areas protection.
All public and private land uses in the city of Raymond shall comply with the requirements of this chapter as a condition to any project permit application granted under Chapter 15.08 RMC.
(Ord. 1863 § 7, 2017)
§ 15.18.080 Exempt activities in critical areas.
A.
The following uses or activities within a critical area or critical area buffer are exempt from the requirements of this chapter to the extent that they are not prohibited by other state or federal laws and do not degrade the critical area:
1.
Conservation, enhancement, restoration, or preservation measures or projects;
2.
Low intensity, passive recreational uses;
3.
Short-term scientific studies and educational uses;
4.
Maintenance, operation, and/or repair of existing rights-of-way, trails, roads, bridges, buildings, utilities, and other facilities;
5.
Maintenance of existing, lawfully established landscaping and gardens, including but not limited to mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, and pruning and planting of ornamental vegetation or indigenous native species;
6.
Maintenance, repair, or replacement of an existing nonconforming structure that does not further alter or increase the impact to the critical area or buffer and results in no increased risk to life or property;
7.
Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the existing public rights-of-way or private roadway;
8.
The removal of hazard trees that are posing a threat to public safety or an imminent risk of damage to a permanent structure;
9.
Navigation aids and boundary markers;
10.
Existing and ongoing agricultural activities, if they implement applicable best management practices (BMPs) contained in the latest editions of the USDA Natural Resources Conservation Service Field Office Technical Guide; or develop a farm conservation plan in coordination with the local conservation district. BMPs and/or farm plans should address potential impacts to wetlands from livestock, nutrient and farm chemicals, soil erosion and sediment control, and agricultural drainage infrastructure. BMPs and/or farm plans should ensure that ongoing agricultural activities minimize their effects on water quality, riparian ecology, salmonid populations, and wildlife habitat;
11.
Site investigation work necessary for land use applications; and
(Ord. 1863 § 8, 2017)
§ 15.18.090 Overlapping critical areas.
A critical area may overlap with other identified critical areas. Likely areas of overlap include geologically hazardous areas, wetlands, and fish and wildlife habitat conservation areas. When a critical area overlaps with one or more critical areas, all the performance standards established for the overlaying critical area(s) shall apply. If multiple critical areas overlap in an area, the most restrictive conditions shall apply.
(Ord. 1863 § 9, 2017)
§ 15.18.100 Emergency work in critical areas.
The administrator may authorize emergency work in critical areas without a permit if that official determines an imminent threat to public health or safety will occur before completion of normal permit procedures. Emergency work shall be limited to abating the emergency only and restoration of the critical area, if possible, shall follow the emergency.
(Ord. 1863 § 10, 2017)
§ 15.18.110 Critical area project review process and technical assessments.
A.
The administrator shall review each project permit application or threshold decision to determine if the proposed project will alter the functions of a critical area.
B.
If the review of a project permit application determines that a parcel is in or within 300 feet of a critical area, the administrator shall visit the site. Using the best available science cited in this chapter, information provided by the applicant, and any other information available, the administrator shall decide as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient, the administrator shall notify the applicant to provide additional assessments before the issuance of a determination of completeness as provided under Chapter 15.08 RMC or a threshold decision as provided under Chapter 15.12 RMC.
C.
It shall be the responsibility of the applicant to provide the city with the appropriate technical reports prepared by a qualified professional, if necessary, to fulfill the requirements of an application for a project permit review. The applicant shall pay all expenses associated with the preparation of any technical report required by the city. Technical reports shall use the best available science in accordance with RCW 36.70A.172.
(Ord. 1863 § 11, 2017)
§ 15.18.120 Critical area maps.
Maps showing the approximate location of critical areas shall be used only as a guide for the city, project applicants, and/or property owners. These maps shall serve as a reference only and do not provide a final designation. The exact location of a critical area's presence or boundary shall be determined through the performance of a field investigation by a qualified professional.
(Ord. 1863 § 12, 2017)
§ 15.18.130 Critical area markers and signs.
A.
As a condition of approval for any project permit application, the administrator may require that a property owner mark the outer boundary of a critical area or buffer with temporary signs before beginning construction or site alteration. The administrator may require a property owner, at his or her expense, to have the critical area boundary marked or verified by a qualified professional.
B.
As a condition of approval for any project permit application, the administrator may require that the property owner mark the outer edge of a critical area tract or easements with permanent survey stakes or other appropriate methods.
(Ord. 1863 § 13, 2017)
§ 15.18.140 Mitigation.
A.
Development activities affecting the ecological function of a critical area may require mitigation. Before the city may approve such development activity, the applicant shall demonstrate through a technical assessment the inability to avoid impacts to the critical area and that the action minimizes those impacts to the greatest extent practicable. The technical assessment shall evaluate the development activity as to whether it is possible to:
1.
Avoid the impact altogether by not taking a certain action or parts of an action;
2.
Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3.
Rectify the impact by repairing, rehabilitating, or restoring the affected environment;
4.
Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action;
5.
Compensate for the impact by replacing, enhancing, or providing substitute resources or environments; and/or
6.
Monitor the impact and take appropriate corrective measures.
(Ord. 1863 § 14, 2017)
§ 15.18.150 Mitigation plan requirements.
A.
When mitigation is required, the applicant shall submit for approval by the city a mitigation plan as part of the critical area report. The mitigation plan shall include the following elements:
1.
Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:
a.
A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions of the impacted critical area;
b.
A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and
c.
An analysis of the likelihood of success of the compensation project.
2.
Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met.
3.
Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:
a.
The proposed construction sequence, timing, and duration;
b.
Grading and excavation details;
c.
Erosion and sediment control features;
d.
A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
e.
Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, and topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated outcome.
4.
Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years 1, 3, 5, and 7 after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.
5.
Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.
(Ord. 1863 § 15, 2017)
§ 15.18.160 Sureties for mitigation improvements.
A.
The city may require the applicant to submit a surety for the construction, maintenance, and/or monitoring of any mitigation measures required under this chapter for a period not to exceed the established monitoring period. The city may release the surety earlier than assigned if a technical assessment prepared by a qualified professional affirms that the mitigation measure is functioning in accordance with its design.
B.
The amount of a construction surety shall be not less than 125 percent of the contract cost for the mitigation improvement as estimated by the administrator. The amount of a maintenance surety shall be not less than 15 percent of the total cost of the mitigation improvement as estimated by the administrator. The surety shall meet the approval of the city attorney.
(Ord. 1863 § 16, 2017)
§ 15.18.170 Responsibilities for mitigation improvements.
The property owner, or his or her successors, shall be responsible for the monitoring and maintenance of any mitigation measure required under this chapter.
(Ord. 1863 § 17, 2017)
§ 15.18.180 Mitigation monitoring.
The city may require annual monitoring reports from the property owner or his/her designated representative pertaining to the performance of any improvements required under this chapter.
(Ord. 1863 § 18, 2017)
§ 15.18.190 Reasonable use exceptions.
A.
The intent of protecting critical areas and its application within the city is not to deny all reasonable use of private property. If an applicant demonstrates to the satisfaction of the administrator that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions.
B.
Any property owner may request relief from the provision of this chapter by making application to the administrator for a reasonable use exception.
C.
The applicant requesting relief from the strict application of this chapter shall demonstrate that the following five conditions exist:
1.
No reasonable use of the property is possible without some impact to the critical area;
2.
No feasible and reasonable on-site alternative to the proposed activities is possible, including possible changes in site layout, reductions in density, and similar factors that would allow a reasonable economic use with fewer adverse impacts;
3.
The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and/or the risks associated with proposed development;
4.
The inability to derive reasonable economic use is not the result of the applicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition; and
5.
Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation under an approved mitigation plan.
D.
Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city regulations.
(Ord. 1863 § 19, 2017)
§ 15.18.200 Variances.
A.
Applications for variances from the strict application of the terms of this chapter to a specific property may be submitted to the city. The planning commission shall consider all variance requests pursuant to Chapter 15.52 RMC. Approval of variances by the city council from the strict application of the CAO requirements shall be consistent with the following criteria:
1.
There are unique physical conditions peculiar and inherent to the affected property that makes it difficult or impractical to comply with the provisions of this chapter;
2.
The variance is the minimum necessary to accommodate the building footprint and access;
3.
The proposed variance would preserve the functions of the critical area, and/or the proposal does not create or increase a risk to the public health, safety, and general welfare, or to public or private property;
4.
The proposed variance would not adversely affect properties surrounding the subject site;
5.
Adverse impacts to critical areas resulting from the proposal are minimal;
6.
The special circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner; and
7.
The variance shall not constitute a grant of special privilege.
(Ord. 1863 § 20, 2017)
§ 15.18.210 Wetlands designation and protection.
A.
The city shall regulate development activities to protect the function of wetlands, including their ability to:
B.
The following activities are regulated if they occur in a regulated wetland or its buffer:
1.
The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind;
2.
The dumping, discharging, or filling with any material, including discharges of stormwater and domestic, commercial, or industrial wastewater;
3.
The draining, flooding, or disturbing of the water level, duration of inundation, or water table;
4.
The driving of pilings;
5.
The placing of obstructions;
6.
The construction, reconstruction, demolition, or expansion of any structure;
7.
Significant vegetation removal; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules;
8.
Other uses or development that results in an ecological impact to the physical, chemical, or biological characteristics of wetlands; or
9.
Activities reducing the functions of buffers.
C.
The city adopts by reference the following maps and best available science resources for designating wetlands:
1.
U.S. Fish and Wildlife Service wetlands mapper (www.fws.gov/wetlands/data/mapper.html);
2.
Field Indicators of Hydric Soils in the United States: A Guide for Identifying and Delineating Hydric Soils, Version 7.0, 2010, USDA National Resources Conservation Service;
3.
Most current approved U.S. Army Corps of Engineers Wetland Delineation Manual, Wetlands Research Program Technical Report Y 87-1 (online edition), January 1987, and subsequent regulatory guidance letters; and
4.
U.S. Army Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), May 2010 or as revised.
D.
The city adopts by reference the following best available science for rating wetlands:
1.
The Washington State Wetland Rating System for Western Washington, Washington Department of Ecology, 2014, No. 14-06-029 or as revised and approved by Ecology.
E.
The city adopts by reference the following best available science for mitigating wetlands:
1.
Wetland Mitigation in Washington State, Parts 1 and 2, 2006, Publication Numbers 06-06-011a and 06-06-011b or as revised.
2.
Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, Final Report, March 2012. Washington State Department of Ecology Publication No. 10-06-11 or as revised.
F.
The city adopts by reference the following best available science for wetland buffers and general guidance:
(Ord. 1863 § 21, 2017)
§ 15.18.220 Wetland buffers required.
A.
Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland.
B.
The total point score from the wetland rating form shall determine the width of required buffers. Buffer widths are measured perpendicularly from the wetland boundary as determined through a field survey. Buffer widths shall not include those areas functionally and effectively disconnected from the wetland, such as by a road or other structures. When a buffer lacks adequate vegetation, the city may increase the standard buffer, require buffer planting or enhancement, and/or deny a proposal for buffer reduction or buffer averaging.
C.
The city adopts the following dimensions for required wetland buffers shown in Table 1:
Table 1: Required Wetland Buffer Widths | ||||
|---|---|---|---|---|
Wetland category | Standard buffer width | Additional buffer width if wetland scores 5 habitat points | Additional buffer width if wetland scores 6 – 7 habitat points | Additional buffer width if wetland scores 8 – 9 habitat points |
Category 1: Based on total score | 75 feet | Add 30 feet | Add 90 feet | Add 150 feet |
Category 1: Natural heritage wetland | 190 feet | NA | NA | Add 35 feet |
Category 1: Forested wetland | 75 feet | Add 30 feet | Add 90 feet | Add 150 feet |
Category 1: Estuarine wetland | 150 feet | NA | NA | NA |
Category 2: Based on total score | 75 feet | Add 30 feet | Add 90 feet | Add 150 feet |
Category 2: Estuarine wetland | 110 feet | NA | NA | NA |
Category 3: (All) | 60 feet | Add 45 feet | Add 105 feet | NA |
Category 4: (All) | 40 feet | NA | NA | NA |
D.
Development adjacent to wetland buffers shall implement the following where applicable:
1.
Route stormwater runoff away from buffer and wetland if storm drainage conveyance system is available;
2.
Use low impact development techniques to reduce water quality impacts if storm drainage conveyance system is not available;
3.
Encourage adjacent landowner(s) to use best management actions relating to fertilizers and pesticides;
4.
Direct lights away from wetlands;
5.
Locate activity that generates noise away from wetland. If warranted, enhance the existing buffer with native vegetation plantings adjacent to noise source. For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer; and
6.
Use privacy fencing or plant dense vegetation to delineate buffer edge, and to discourage disturbance, using vegetation appropriate for the ecoregion.
E.
The following wetlands may be exempt from the requirement to avoid impacts, and they may be filled if the impacts are fully mitigated based on the remaining actions in RMC § 15.18.240. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. To verify the following conditions, a critical area report for wetlands meeting the requirement in RMC § 15.18.250 must be submitted:
1.
All isolated Category IV wetlands less than 4,000 square feet that:
a.
Are not associated with riparian areas or their buffers;
b.
Are not associated with shorelines of the state or their associated buffers;
c.
Are not part of a wetland mosaic;
d.
Do not score five or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); or
2.
Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this section.
F.
Required wetland buffer widths do not extend over the upland side of an existing road, rail grade, or street that divides a wetland buffer area.
(Ord. 1863 § 22, 2017)
§ 15.18.230 Wetland buffering average.
A.
The administrator may allow the averaging of buffer widths in accordance with a wetland technical report if this will improve the protection of wetland functions, or if it is the only way to allow for reasonable use of a parcel. Buffer averaging may occur in the following situations:
1.
Averaging to improve wetland protection when all the following conditions are present:
a.
The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual-rated" wetland with a Category I area adjacent to a lower rated area;
b.
The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion; the total area of the buffer after averaging is equal to the area required without averaging; and
c.
The buffer at its narrowest point is never less than three-quarters of the required width.
2.
Averaging to allow reasonable use of a parcel when all the following conditions are present:
a.
There are no feasible alternatives to the site design that could be accomplished without buffer averaging;
b.
The averaged buffer will not result in degradation of the wetland's functions as demonstrated by a report from a qualified wetland professional;
c.
The total buffer area after averaging is equal to the area required without averaging; and
d.
The buffer at its narrowest point is never less than three-quarters of the required width.
e.
Averaging below three-quarters of the required width shall require a variance.
(Ord. 1863 § 23, 2017)
§ 15.18.240 Wetland mitigation.
A.
If an application for development activities makes it necessary to alter or eliminate a wetland, the applicant shall compensate the loss or alteration by one or more of the following actions:
1.
Restoring wetland acreage and functions to an area where it formerly occurred;
2.
Creating a new wetland area with functions in an area where they did not previously occur;
3.
Enhancing the functions at an existing wetland; and/or
4.
Preserving the functions of an existing high-quality wetland to protect it from future loss or degradation.
5.
Mitigation is allowed if there is no net loss of ecological function.
B.
Altered wetlands shall require mitigation to ensure the same level of wetland function that existed at the time of the permit application. Table 2 below sets mitigation ratios for the type of action taken.
Table 2: Wetland Mitigation Ratios | |||||||
|---|---|---|---|---|---|---|---|
Category 1 | Category 1 Forested | Category 1 Estuary | Category 2 | Category 2 Estuary | Category 3 | Category 4 | |
Re-establishment or creation | 4:1 | 6:1 | Case-by-case | 3:1 | Case-by-case | 2:1 | 1.5:1 |
Rehabilitation only | 8:1 | 12:1 | 6:1 | 6:1 | 4:1 | 4:1 | 3:1 |
Re-establishment or creation (RC) & rehabilitation (RH) | 1:1 RC & 6:1 RH | 1:1 RC & 10:1 RH | Case-by-case | 1:1 RC & 4:1 RH | Case-by-case | 1:1 RC & 2:1 RH | 1:1 RC & 1:1 RH |
Re-establishment (RC) or creation & enhancement (E) | 1:1 RC & 12:1 E | 1:1 RC & 20:1 E | Case-by-case | 1:1 RC & 8:1 E | Case-by-case | 1:1 RC & 4:1 E | 1:1 RC & 2:1 E |
Enhancement only (E) | 16:1 | 24:1 | Case-by-case | 12:1 | Case-by-case | 8:1 | 6:1 |
(Ord. 1863 § 24, 2017)
§ 15.18.250 Wetland technical reports.
A.
The city may require a project permit applicant to prepare a wetland technical report prepared by a qualified wetland professional whenever proposed development is adjacent to a wetland. The cost for preparing the report shall be the responsibility of the project permit applicant.
B.
The minimum standard for a wetland technical report shall contain the following information:
1.
The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the wetland critical area report; a description of the proposal; identification of all the local, state, and/or federal wetland-related permit(s) required for the project; and a vicinity map for the project.
2.
A statement specifying the accuracy of the report and all assumptions made and relied upon.
3.
Documentation of any fieldwork performed on the site, including field data sheets for delineations, rating system forms, baseline hydrologic data, etc.
4.
A description of the methodologies used to conduct the wetland delineations, rating system forms, or impact analyses including references.
5.
Identification and characterization of all critical areas, wetlands, water bodies, shorelines, floodplains, and buffers on or adjacent to the proposed project area. For areas off site of the project site, estimate conditions within 300 feet of the project boundaries using the best available information.
6.
For each wetland identified on site and within 300 feet of the project site provide: the wetland rating, including a description of and score for each function; required buffers; hydrogeomorphic classification; wetland acreage based on a professional survey from the field delineation (acreages for on-site portion and entire wetland area including off-site portions); Cowardin classification of vegetation communities; habitat elements; soil conditions based on site assessment and/or soil survey information; and to the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris, etc.). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site.
7.
A description of the proposed actions, including an estimation of acreages of impacts to wetlands and buffers based on the field delineation and survey and an analysis of site development alternatives, including a no-development alternative.
8.
An assessment of the probable cumulative impacts to the wetland and buffers resulting from the proposed development.
9.
A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas.
10.
A discussion of measures, including avoidance, minimization, and compensation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land-use activity.
11.
A conservation strategy for habitat and native vegetation that addresses methods to protect and enhance on-site habitat and wetland functions.
12.
A discussion of the potential impacts to the wetland associated with anticipated hydroperiod alterations from the project.
13.
An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets.
14.
A copy of the site plan sheet(s) for the project that contains the following items:
a.
Maps to scale depicting delineated and surveyed wetland and required buffers on site, including buffers for off-site critical areas that extend onto the project site; the development proposal; other critical areas; grading and clearing limits; areas of proposed impacts to wetlands and/or buffers, including square footage estimates.
b.
A depiction of the proposed stormwater management plan for the development, including estimated areas of intrusion into the buffers of any critical areas.
(Ord. 1863 § 25, 2017)
§ 15.18.260 Geologically hazardous areas designation and protection.
A.
The city shall regulate development activities in geologically hazardous areas to protect the public's health, safety, and welfare. Development activities in geologically hazardous areas shall:
1.
Minimize erosion and movement of sediment;
2.
Preserve or replace vegetation in erosion hazard areas;
3.
Prevent increased surface water discharge to adjacent properties;
4.
Prevent decreased slope stability on adjacent properties; and
5.
Design or mitigate projects in geologically hazardous areas to eliminate unsafe conditions to on-site and off-site property owners.
B.
The city adopts by reference the following maps and best available science resources for geologically hazardous areas:
C.
Designated geologically hazardous areas are areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible commercial, residential, or industrial development occurs in areas of significant hazard. Geologically hazardous areas with significant hazard include:
1.
Areas that are susceptible to one or more of the following types of hazards shall be classified as a geologically hazardous area:
2.
Erosion hazard areas identified by the United States Department of Agriculture Soil Conservation Service as having a "severe" rill and inter-rill erosion hazard.
3.
Landslide hazard areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Example of these may include, but are not limited to the following:
a.
Areas of historic failures, such as:
i.
Those areas delineated by the United States Department of Agriculture Soil Conservation Service as having a "severe" limitation for building site development;
ii.
Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published as the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources;
c.
Areas that have shown movement during the Holocene Epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of that epoch;
d.
Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;
e.
Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking;
f.
Areas potentially unstable because of rapid stream incision, stream bank erosion, and undercutting by wave action;
g.
Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; or
h.
Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.
4.
Seismic hazard areas subject to severe risk of damage because of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by:
5.
Settlement and soil liquefaction conditions occur in areas underlain by cohesionless soils of low density, typically in association with a shallow ground water table.
(Ord. 1863 § 26, 2017)
§ 15.18.270 Geologically hazardous areas technical reports.
A.
The city may require a technical assessment prepared by a qualified professional for any non-exempt development activities proposed in a geologically hazardous area. The report shall:
1.
Determine the exact boundaries of all geologically hazardous areas affecting the site and the impact of the proposed development;
2.
Assess the geologic characteristics of the soils, sediments, and/or rock on the project site and on potentially affected neighboring properties;
3.
Analyze the hazards in relation to the project and potentially affected adjacent properties;
4.
Include plans for the proposed development that show:
5.
Recommend mitigation measures or appropriate buffers to protect the public's health, safety, and welfare from the hazard(s).
(Ord. 1863 § 27, 2017)
§ 15.18.280 Mitigation in geologically hazardous areas.
Engineering, design, or modified construction or mining practices can reduce or mitigate some geological hazards so that risks to health and safety are acceptable. However, when a project cannot reduce risks to acceptable levels, building in geologically hazardous areas is prohibited.
(Ord. 1863 § 28, 2017)
§ 15.18.290 Fish and wildlife habitat conservation areas designation.
A.
The city shall regulate development activities to protect fish and wildlife habitat conservation areas. These areas in the city include:
1.
Areas that have a primary association with endangered, threatened, and sensitive species;
2.
Habitats and species of local importance, as determined locally;
3.
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; and
4.
Waters of the state.
B.
The city adopts by reference the following maps and best available science resources for designating fish and wildlife habitat conservation areas:
1.
Priority Habitats and Species Interactive Mapping (PHS on the Web), Washington Department of Fish and Wildlife;
2.
SalmonScape Interactive Mapping, Washington Department of Fish and Wildlife;
3.
Permanent water typing system, WAC 222-16-030;
4.
Salmon and Steelhead Habitat Limiting Factors in the Willapa Basin, Washington State Conservation Commission, (Smith), undated;
5.
Management Recommendations for Washington's Priority Species, Volumes I through V, Washington Department of Fish and Wildlife;
6.
Stream Habitat Restoration Guidelines, Washington State Aquatic Habitat Guidelines Program, 2012; and
7.
Shoreline Analysis Report for Shorelines in the City of Raymond, February 2015.
(Ord. 1863 § 29, 2017)
§ 15.18.300 Development standards for fish and wildlife habitat conservation areas.
A.
Development activities occurring on lands and waters containing documented habitats for plant and animal species in fish and wildlife habitat conservation areas shall result in no net loss of existing function.
B.
Development activities allowed in fish and wildlife habitat conservation areas shall be consistent with the species located there and shall be regulated additionally by restrictions defined in applicable federal, state, and local regulations regarding the species.
C.
Because of the limited presence of intact riparian vegetation along many shorelines within the city, shoreline development should ensure no net loss of these areas to the greatest extent possible. Depending on the width and quality of the riparian cover, development should retain riparian vegetation as a buffer to ensure no net loss of water quality, fish and wildlife habitat, estuarine wetlands, and/or bank protection.
(Ord. 1863 § 30, 2017)
§ 15.18.310 Fish and wildlife habitat conservation areas buffers required.
A.
Buffers are necessary to protect the integrity and function of fish and wildlife habitat conservation areas. Buffer widths shall reflect a balance between the sensitivity of the species or habitat and the intensity of the adjacent human use or activity.
B.
The required width of upland buffers to protect fish and wildlife habitat conservation areas along shorelines of the state in the city may vary depending on ecological conditions of the shoreline and the extent of existing development.
C.
The following riparian buffer widths shall apply along waters of the state above the ordinary high water mark:
D.
Development along waters of the state should retain existing vegetation landward of the ordinary high water mark to the greatest extent feasible. However, in those areas of the city where riparian vegetation is limited by past land use practices or existing development, the administrator may approve a reduction in the required buffer widths if the reduction does not result in a net loss of ecological function. The administrator may alter or reduce the required buffer width under the following conditions:
1.
A buffer may be reduced to the waterward edge of an improved public right-of-way, rail grade, or flood control structure that physically separates a buffer into one or more sections and disconnects hydraulic continuity to a shoreline.
3.
In those areas of the city where existing upland development or in-water structures prevent the establishment or maintenance of a required buffer, the administrator may:
a.
Reduce or altogether exempt the required upland buffer;
b.
Require in-water mitigation beneficial to salmonids and other wildlife, such as placement of large wood or removal of derelict structures; and/or
c.
Require on-site low impact development improvements to retain and treat stormwater surface run-off.
E.
The required buffer for upland endangered, threatened, and sensitive species shall be in accordance with a habitat management technical report prepared by a qualified professional. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur before consultation with the Washington Department of Fish and Wildlife.
F.
Any requirements for buffers, buffer enhancement, or low impact development improvements shall be in place concurrent with occupancy of the development.
(Ord. 1863 § 31, 2017)
§ 15.18.320 Habitat buffer averaging.
A.
The administrator may allow the recommended habitat area buffer width to be reduced in accordance with a habitat management technical report, the best available science, and the management recommendations issued by the Washington Department of Fish and Wildlife, only if:
1.
It will not reduce stream or habitat functions;
2.
It will not adversely affect salmonid habitat;
3.
It will provide additional natural resource protection, such as buffer enhancement;
4.
The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and
5.
The buffer area width is not reduced by more than 25 percent.
(Ord. 1863 § 32, 2017)
§ 15.18.330 Habitat management technical reports.
A.
The city may require a habitat management plan prepared by a qualified professional for any non-exempt development activity proposed in or adjacent to a habitat conservation area.
B.
Habitat management plans shall reflect the guidelines set forth in the Management Recommendations for Washington's Priority Species, Volumes I through V.
C.
The format of habitat management plans shall include:
1.
A detailed description of vegetation on and adjacent to the project area and its associated buffer;
2.
The identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;
3.
A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;
4.
A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality;
5.
A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded before the current proposed land use activity; and
6.
A discussion of ongoing management practices that will protect habitat after a project's completion, including a description for monitoring and maintenance programs.
(Ord. 1863 § 33, 2017)
§ 15.18.340 Frequently flooded areas.
§ 15.12.010 Authority – WAC 173-806-010.
The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.
This chapter contains the city's SEPA procedures and policies.
The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this chapter.
(Ord. 1412 Part 1, 1984; Ord. 1638 § 3, 2001; Formerly 17.04.010)
§ 15.12.020 Purpose of this article and adoption by reference – WAC 173-806-175.
This article contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-040:
WAC 197-11-700 | Definitions. |
WAC 197-11-702 | Act. |
WAC 197-11-704 | Action. |
WAC 197-11-706 | Addendum. |
WAC 197-11-708 | Adoption. |
WAC 197-11-710 | Affected tribe. |
WAC 197-11-712 | Affecting. |
WAC 197-11-714 | Agency. |
WAC 197-11-716 | Applicant. |
WAC 197-11-718 | Built environment. |
WAC 197-11-720 | Categorical exemption. |
WAC 197-11-722 | Consolidated appeal. |
WAC 197-11-724 | Consulted agency. |
WAC 197-11-726 | Cost-benefit analysis. |
WAC 197-11-728 | County/city. |
WAC 197-11-730 | Decision maker. |
WAC 197-11-732 | Department. |
WAC 197-11-734 | Determination of nonsignificance (DNS). |
WAC 197-11-736 | Determination of significance (DS). |
WAC 197-11-738 | EIS. |
WAC 197-11-740 | Environment. |
WAC 197-11-742 | Environmental checklist. |
WAC 197-11-744 | Environmental document. |
WAC 197-11-746 | Environmental review. |
WAC 197-11-748 | Environmentally sensitive area. |
WAC 197-11-750 | Expanded scoping. |
WAC 197-11-752 | Impacts. |
WAC 197-11-754 | Incorporation by reference. |
WAC 197-11-756 | Lands covered by water. |
WAC 197-11-758 | Lead agency. |
WAC 197-11-760 | License. |
WAC 197-11-762 | Local agency. |
WAC 197-11-764 | Major action. |
WAC 197-11-766 | Mitigated DNS. |
WAC 197-11-768 | Mitigation. |
WAC 197-11-770 | Natural environment. |
WAC 197-11-772 | NEPA. |
WAC 197-11-774 | Nonproject. |
WAC 197-11-776 | Phased review. |
WAC 197-11-778 | Preparation. |
WAC 197-11-780 | Private project. |
WAC 197-11-782 | Probable. |
WAC 197-11-784 | Proposal. |
WAC 197-11-786 | Reasonable alternative. |
WAC 197-11-788 | Responsible official. |
WAC 197-11-790 | SEPA. |
WAC 197-11-792 | Scope. |
WAC 197-11-793 | Scoping. |
WAC 197-11-794 | Significant. |
WAC 197-11-796 | State agency. |
WAC 197-11-797 | Threshold determination. |
WAC 197-11-799 | Underlying governmental action. |
(Ord. 1412 Part 8(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.020)
§ 15.12.030 Purpose of this article and adoption by reference – WAC 173-806-020.
This article contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC by reference:
WAC 197-11-040 | Definitions. |
WAC 197-11-050 | Lead agency. |
WAC 197-11-055 | Timing of the SEPA process. |
WAC 197-11-060 | Content of environmental review. |
WAC 197-11-070 | Limitations on actions during SEPA process. |
WAC 197-11-080 | Incomplete or unavailable information. |
WAC 197-11-090 | Supporting documents. |
WAC 197-11-100 | Information required of applicants. |
(Ord. 1412 Part 2(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.030)
§ 15.12.040 Additional definitions – WAC 173-806-030.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. "Department"
means any division, subdivision or organizational unit of the city established by ordinance, rule or order.
B. "Early notice"
means the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures).
C. "Ordinance"
means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.
D. "SEPA Rules"
means Chapter 197-11 WAC adopted by the Department of Ecology.
(Ord. 1412 Part 2(B), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.040)
§ 15.12.050 Designation of responsible official – WAC 173-806-040.
A.
For those proposals for which the city is the lead agency, the responsible official shall be the director of public works.
B.
For all proposals for which the city is the lead agency, the responsible 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 responsible official by those sections of the SEPA Rules that were adopted by reference in WAC 173-806-020.
(Ord. 1412 Part 2(C), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.050)
§ 15.12.060 Lead agency determination – WAC 173-806-050.
A.
The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
B.
When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C.
When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the 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.
D.
If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 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.
E.
Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
F.
Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (That is: Which agencies require nonexempt licenses?).
(Ord. 1412 Part 2(D), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.060)
§ 15.12.070 Transfer of lead agency status to a state agency – WAC 173-806-053.
For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the city's responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the city's responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal.
(Ord. 1412 Part 2(E), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.070)
§ 15.12.080 Additional considerations in time limits applicable to the SEPA process – WAC 173-806-055.
The following time limits (expressed in calendar days) shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies:
A.
The city shall identify whether an action is categorically exempt within seven days of receiving a completed application.
B.
Threshold Determinations.
1.
The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant's adequate application and completed checklist are submitted.
2.
When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
a.
The city should request such further information within 15 days of receiving an adequate application and completed environmental checklist;
b.
The city shall wait no longer than 30 days for a consulted agency to respond;
c.
The responsible official should complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency.
3.
When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within 30 days of receiving an adequate application and a completed checklist.
4.
The city shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within 15 days of receiving an adequate application and completed checklist.
(Ord. 1412 Part 2(F), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.080)
§ 15.12.090 Additional timing considerations – WAC 173-806-058.
A.
For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city's staff recommendation to any appropriate advisory body, such as the planning commission.
B.
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.
(Ord. 1412 Part 2(G), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.090)
§ 15.12.100 Purpose of this article and adoption by reference – WAC 173-806-065.
This article 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 article also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this article:
WAC 197-11-300 | Purpose of this part. |
WAC 197-11-305 | Categorical exemptions. |
WAC 197-11-310 | Threshold determination required. |
WAC 197-11-315 | Environmental checklist. |
WAC 197-11-330 | Threshold determination process. |
WAC 197-11-335 | Additional information. |
WAC 197-11-340 | Determination of nonsignificance (DNS). |
WAC 197-11-350 | Mitigated DNS. |
WAC 197-11-360 | Determination of significance (DS)/ initiation of scoping. |
WAC 197-11-390 | Effect of threshold determination. |
(Ord. 1412 Part 3(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.100)
§ 15.12.110 Flexible thresholds for categorical exemptions – WAC 173-806-070.
The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
A.
For residential dwelling units in WAC 197-11-800(1)(b)(i): Up to 20 dwelling units;
B.
For agricultural structures in WAC 197-11-800(1)(b)(ii): Up to 30,000 square feet;
C.
For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): Up to 12,000 square feet and up to 40 parking spaces;
D.
For parking lots in WAC 197-11-800(1)(b)(iv): Up to 40 parking spaces;
E.
For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to 500 cubic yards.
(Ord. 1412 Part 3(B), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.110)
§ 15.12.120 Use of exemptions – WAC 173-806-080.
A.
Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
B.
In determining whether or not a proposal is exempt, the department 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 action, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
C.
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:
2.
A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
3.
A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
(Ord. 1412 Part 3(C), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.120)
§ 15.12.130 Environmental checklist – WAC 173-806-090.
A completed environmental checklist, in the form provided in WAC 197-11-960, 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, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.
(Ord. 1412 Part 3(D), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.130)
§ 15.12.140 Mitigated DNS – WAC 173-806-100.
A.
As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B.
An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
C.
The responsible official should respond to the request for early notice within seven working days. The response shall:
1.
Be written;
2.
State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and
3.
State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D.
As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E.
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:
1.
If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2).
2.
If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.
3.
The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct a 200-foot stormwater retention pond at Y location" are adequate.
4.
Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
F.
The mitigated DNS issued under WAC 197-11-340(2) requires a 15-day comment period and public notice.
G.
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.
H.
If the city's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
I.
The city's written response under subsection (B) 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.
(Ord. 1412 Part 3(E), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.140)
§ 15.12.150 Purpose of this article and adoption by reference – WAC 173-806-110.
This article contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this article:
WAC 197-11-400 | Purpose of EIS. |
WAC 197-11-402 | General requirements. |
WAC 197-11-405 | EIS types. |
WAC 197-11-406 | EIS timing. |
WAC 197-11-408 | Scoping. |
WAC 197-11-410 | Expanded scoping. (optional) |
WAC 197-11-420 | EIS preparation. |
WAC 197-11-425 | Style and size. |
WAC 197-11-430 | Format. |
WAC 197-11-435 | Cover letter or memo. |
WAC 197-11-440 | EIS contents. |
WAC 197-11-442 | Contents of EIS on nonproject proposals. |
WAC 197-11-443 | EIS contents when prior nonproject EIS. |
WAC 197-11-444 | Elements of the environment. |
WAC 197-11-448 | Relationship of EIS to other considerations. |
WAC 197-11-450 | Cost-benefit analysis. |
WAC 197-11-455 | Issuance of DEIS. |
WAC 197-11-460 | Issuance of FEIS. |
(Ord. 1412 Part 4(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.150)
§ 15.12.160 Preparation of EIS – Additional considerations – WAC 173-806-120.
A.
Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the director of public works. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
B.
The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C.
The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency.
(Ord. 1412 Part 4(B), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.160)
§ 15.12.170 Adoption by reference – WAC 173-806-128.
This article contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this article:
WAC 197-11-500 | Purpose of this part. |
WAC 197-11-502 | Inviting comment. |
WAC 197-11-504 | Availability and cost of environmental documents. |
WAC 197-11-508 | SEPA register. |
WAC 197-11-535 | Public hearings and meetings. |
WAC 197-11-545 | Effect of no comment. |
WAC 197-11-550 | Specificity of comments. |
WAC 197-11-560 | FEIS response to comments. |
WAC 197-11-570 | Consulted agency costs to assist lead agency. |
(Ord. 1412 Part 5(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.170)
§ 15.12.180 Public notice – WAC 173-806-130.
A.
Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the city shall give public notice as follows:
1.
If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
3.
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.
B.
Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
C.
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.
D.
The city may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.
(Ord. 1412 Part 5(B), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.180)
§ 15.12.190 Designation of official to perform consulted agency responsibilities for the city – WAC 173-806-140.
A.
The director of public works 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.
B.
The director of public works shall be responsible tor 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.
(Ord. 1412 Part 5(C), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.190)
§ 15.12.200 Purpose of this article and adoption by reference – WAC 173-806-150.
This article contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city's own environmental compliance. The city adopts the following sections by reference:
WAC 197-11-600 | When to use existing environmental documents. |
WAC 197-11-610 | Use of NEPA documents. |
WAC 197-11-620 | Supplemental environmental impact statement – Procedures. |
WAC 197-11-625 | Addenda – Procedures. |
WAC 197-11-630 | Adoption – Procedures. |
WAC 197-11-635 | Incorporation by reference – Procedures. |
WAC 197-11-640 | Combining documents. |
(Ord. 1412 Part 6(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.200)
§ 15.12.210 Purpose of this article and adoption by reference – WAC 173-806-155.
This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
WAC 197-11-650 | Purpose of this part. |
WAC 197-11-655 | Implementation. |
WAC 197-11-660 | Substantive authority and mitigation. |
WAC 197-11-680 | Appeals. |
(Ord. 1412 Part 7(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.210)
§ 15.12.220 Substantive authority – WAC 173-806-160.
A.
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.
B.
The city may attach conditions to a permit or approval for a proposal so long as:
1.
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
2.
Such conditions are in writing; and
3.
The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4.
The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
C.
The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1.
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and
2.
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
D.
The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:
1.
The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:
a.
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
b.
Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
c.
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
d.
Preserve important historic, cultural and natural aspects of our national heritage;
e.
Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f.
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
g.
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
2.
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.
(Ord. 1412 Part 7(B), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.220)
§ 15.12.230 Appeal to local legislative body.
None shall be allowed.
(Ord. 1412 Part 7(C), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.230)
§ 15.12.240 Adoption by reference – WAC 173-806-180.
The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), WAC 173-806-080 (use of exemptions), and WAC 173-806-190 (environmentally sensitive areas):
WAC 197-11-800 | Categorical exemptions. |
WAC 197-11-880 | Emergencies. |
WAC 197-11-890 | Petitioning DOE to change exemptions. |
(Ord. 1412 Part 9, 1984; Ord. 1638 § 3, 2001; Formerly 17.04.240)
§ 15.12.250 Purpose of this article and adoption by reference – WAC 173-806-185.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference, as supplemented by WAC 173-806-045 through 173-806-043 and this article:
WAC 197-11-900 | Purpose of this part. |
WAC 197-11-902 | Agency SEPA policies. |
WAC 197-11-916 | Application to ongoing actions. |
WAC 197-11-920 | Agencies with environmental expertise. |
WAC 197-11-922 | Lead agency rules. |
WAC 197-11-924 | Determining the lead agency. |
WAC 197-11-926 | Lead agency for governmental proposals. |
WAC 197-11-928 | Lead agency for public and private proposals. |
WAC 197-11-930 | Lead agency for private projects with one agency with jurisdiction. |
WAC 197-11-932 | Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. |
WAC 197-11-934 | Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. |
WAC 197-11-936 | Lead agency for private projects requiring licenses from more than one state agency. |
WAC 197-11-938 | Lead agencies for specific proposals. |
WAC 197-11-940 | Transfer of lead agency status to a state agency. |
WAC 197-11-942 | Agreements on lead agency status. |
WAC 197-11-944 | Agreements on division of lead agency duties. |
WAC 197-11-946 | DOE resolution of lead agency disputes. |
WAC 197-11-948 | Assumption of lead agency status. |
(Ord. 1412 Part 10(A), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.250)
§ 15.12.260 Fees – WAC 173-806-200.
The city shall require the following fees for its activities in accordance with the provisions of this chapter:
A.
Threshold Determination. For every environmental checklist the city shall collect a fee (see current fee schedule) from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.
B.
Environmental Impact Statement.
1.
When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
2.
The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals.
3.
If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (B)(2) of this section which remain after incurred costs are paid.
C.
The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal.
(Ord. 1412 Part 10(B), 1984; Ord. 1638 § 3, 2001; Ord. 1845 § 1, 2015; Formerly 17.04.260)
§ 15.12.270 Severability – WAC 173-806-220.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.
(Ord. 1412 Part 10(C), 1984; Ord. 1638 § 3, 2001; Formerly 17.04.270)
§ 15.12.280 Adoption by reference – WAC 173-806-230.
The city adopts the following forms and sections by reference:
WAC 197-11-960 | Environmental checklist. |
WAC 197-11-965 | Adoption notice. |
WAC 197-11-970 | Determination of nonsignificance (DNS). |
WAC 197-11-980 | Determination of significance and scoping notice (DS). |
WAC 197-11-985 | Notice of assumption of lead agency status. |
WAC 197-11-990 | Notice of action. |
(Ord. 1412 Part 11, 1984; Ord. 1638 § 3, 2001; Formerly 17.04.280)
§ 15.12.300 Adopting city plans by reference.
The city adopts by reference the policies in the following codes, ordinances, resolutions and plans, as now exist or as hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals:
A.
Shoreline management master program;
B.
Flood damage prevention ordinance;
C.
City zoning ordinance;
D.
Pacific County resource lands and critical areas.
(Formerly 17.04.300; Ord. 1524, 1992; Ord. 1638 § 3, 2001)
§ 15.12.320 State Environmental Policy Act local policies.
The findings and policies of the Pacific County resource lands and critical areas and the following mitigation policies are to be exercised on developments such that land use activities shall be located and designed to minimize conflict.
A.
Forest Resource Lands.
1.
Notification shall be placed on all subdivision proposals that the adjacent land is in forest resource use and subject to a variety of activities that may not be compatible with residential development.
B.
Agricultural Resource Lands.
1.
The obligation for buffer strips is to farms that choose to subdivide or transition to a noncompatible use.
2.
Existing farm uses are to be protected from adjacent noncompatible development uses.
3.
When land containing prime and unique agricultural land is converted, the prime and unique agricultural land uses shall be maintained while allowing for other uses on suitable land.
4.
Prime and unique agricultural lands are to be retained within existing and future city boundaries.
5.
Agricultural land may be annexed as transitional land into the city limits for urban preferred land uses.
6.
Cranberry production is a higher priority use when multiple resource land and critical area designations overlap.
7.
Nonagricultural development shall provide buffers and mitigation between development and cranberry production areas. These buffers or transition areas may include increased setbacks to shield spray drift, noise, visual impact, and other aspects of active agricultural operations.
8.
Aquacultural activities introduced to Willapa Bay shall be compatible with and not disruptive to the natural, biological, and physical dynamic force within the estuary.
9.
Upland development shall not impede the natural condition of the estuary.
C.
Mineral Resource Lands.
1.
Settling ponds shall be used on new rock pit developments to protect water quality and prevent sedimentation.
2.
Mining sites shall be located where adjacent land is used for mining, open space, forestry or industrial use and where they can be screened from residential and commercial properties to minimize the extractive operational impacts of blasting, noise, dust, heavy equipment, mines, pits and vibration. Screening and buffering is the responsibility of the new or expanded mineral extraction development.
3.
Sand removal operations shall be separated from tourist and recreational activities.
D.
Critical Areas – Wetlands.
1.
Development in wetlands shall provide shoreline access through easements, trust accounts for school field trips on the value and function of wetlands, or the proposed enhancement of specific wetland functions associated with the development.
2.
Wetland mitigation shall be based on wetland function and value in addition to overall area of disturbance.
E.
Aquifer Recharge Areas.
1.
Nonforestry activities and other developments in critical recharge areas must demonstrate to the water purveyor and local governments all potential environmental impacts to the recharge area as a result of the proposed development.
2.
On proposed developments, the effects and impacts of stormwater runoff from urban areas should be carefully analyzed and cities and counties should consider retention of all stormwater on-site as an aquifer recharge protection measure.
F.
Geologically Hazardous Areas.
1.
On new construction, road construction practices shall be modified to avoid erosion, landslide and slumping.
G.
Frequently Flooded Areas.
1.
Forest and associated watersheds within a development shall be managed through forest practices or best management practices to reduce flood damage and associated impacts to frequently flooded areas.
2.
Development proposals shall address coastal high hazards and the impact of coastal flooding to loss of life and property.
H.
Fish and Wildlife Habitat Areas.
1.
Construction activities shall mitigate impact to wildlife displacement and habitat reduction through open space, wetland and habitat retention areas.
2.
Education shall be considered as a mitigation measure to enhance and conserve wildlife habitat.
3.
Proposed development shall consider as a mitigation measure the compatibility and use of fish and wildlife habitat within buffer areas.
4.
Proposed fish and wildlife habitat areas shall consider the total habitat value provided rather than habitat needed for a single species.
(Formerly 17.04.320; Ord. 1524, 1992; Ord. 1638 § 3, 2001)