Sequim City Zoning Code

Unnecessary maintenance and replacement of public facilities,

Publicly funded mitigation of avoidable impacts,

Cost for public emergency rescue and relief operations where the causes are avoidable, or

Degradation of the natural environment;

Critical areas composite maps must be prepared and revised on an ongoing basis. The Clallam County Critical Areas Map may also be used as a guide in determining critical areas. Wetlands identified on the U.S. Fish and Wildlife Service National Wetlands Inventory, and hydric soils and "wet spots" identified by the USDA Soils Conservation Service Natural Resource Conservation Service Soil Survey of Clallam County Area, Washington, may also be used.

These maps are to be used as a guide to the general location and extent of critical areas and to alert the public and city officials of the potential presence of critical areas on site or off site of a development proposal. Given the generalized nature of these maps and recognizing that critical areas are a dynamic environmental process, the actual presence and location of critical areas, as determined by qualified professionals, must be established and protected in accordance with all the provisions of this chapter, which governs the treatment of proposed development sites.

In the event that any of the critical areas shown on the maps conflict with the criteria set forth in this chapter, the criteria must control.

File a notice on title with the Clallam County auditor pursuant to SMC § 18.80.090; and

Place a "critical areas easement" on the face of a final subdivision, minor subdivision binding site plan, or boundary line adjustment.

Determine whether any critical area exists on the property and confirm its nature and type;

Determine whether a critical area special study is required;

Evaluate the critical area special study, if one is required;

Determine whether the proposal is consistent with this chapter;

Determine whether any proposed alteration to the critical area is necessary; and

Determine if the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety, and welfare, consistent with the goals, purposes, objectives, and requirements of this chapter.

The following critical areas and their buffers must remain undisturbed pursuant to SMC § 18.80.070, except as otherwise provided in SMC § 18.80.080:

All other critical areas identified in SMC § 18.80.030 are developable pursuant to the provisions of SMC § 18.80.070. The applicant must provide supporting documentation that the proposal incorporates measures pursuant to this chapter that adequately protect the public health, safety and welfare.

Special Conditions.

All land uses and developments proposed on or adjacent to lots or parcels listed, identified, inventoried, classified or rated as critical areas must include supporting studies, prepared to describe the environmental limitations of the site. No construction activity, including clearing or grading, is permitted until the information required by this chapter is reviewed and approved by the city as adequate. Special environmental studies must include a comprehensive site inventory and analysis, a discussion of the potential impacts of the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, both on site and off site, as follows:

Such studies must be prepared by qualified professionals.

An applicant for a development proposal that includes or is within an identified critical area or critical area buffer must enter into a three-party agreement, as approved by the city. The applicant must pay the costs for the city to hire the appropriate consultant(s) to provide a critical area special study to adequately evaluate the proposal and all probable impacts, unless studies have already been prepared by the applicant's consultant. If the applicant has already prepared studies, the applicant must pay for the costs of a peer review of all studies submitted. The applicant must pay for any additional studies that may be required in the peer review. The selection of the consultant(s) hired for the study or peer review by the city must be at the sole discretion of the city.

All critical area studies must be prepared under the direction of the city. The department of community development director will make the final determination on the adequacy of these studies.

Project proposals with impacts to critical areas must be submitted to the appropriate agencies for review and comment.

The city's review of critical area permit applications must not be construed to take the place of any other additional local, state, or federal permits or permit requirements.

Stream Buffers.

Stream buffers must be increased to include streamside wetlands that provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish.

Additional Buffers. The department of community development director may require additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this chapter. In cases where additional buffers are not feasible, the department of community development director may require the applicant to undertake alternative on-site or off-site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same or adjacent watershed.

Stream relocation must be allowed only when the relocation:

Buffers. The following buffers of undisturbed vegetation must be established from the top of ravines and the top and toe of marine bluffs and ravine bluffs:

Buffer Reduction. Undisturbed zones adjoining both marine bluffs and beaches must be sufficient to assure that natural coastal-drift processes will remain unimpaired.

Additional Buffers. The department of community development director may require increased buffers if environmental studies indicate such increases are necessary to mitigate landslide, seismic and erosion hazards, or as otherwise necessary to protect the public health, safety and welfare.

Viewshed Enhancement. In ravine and marine bluff buffers, tree removal for viewshed enhancement is allowed so long as tree removal does not exceed 50 percent and:

Landslide Hazard Areas.

Erosion Hazard Areas.

Seismic Hazard Areas.

Geological Hazard Area Buffers. If it is determined that a geological hazard area, particularly landslide hazard and erosion hazard areas or steep slopes, cannot be safely developed and must remain as permanent open space, the geological hazard area must have a buffer of 50 feet from the top and toe of the designated area. This buffer may be reduced (to not less than 25 feet) or enlarged based on geotechnical review, which assures any such variation provides or is necessary to provide adequate protection of any structures on site.

When a development proposal contains a priority habitat for endangered or threatened species, the applicant must submit a habitat management plan. The need for a habitat management plan must be determined during State Environmental Policy Act (SEPA) review of the proposal. The habitat management plan must identify how the impacts from the proposed project will be mitigated. Possible mitigation measures must include, but are not limited to:

Buffer. To retain adequate natural habitat for endangered or threatened species, buffers must be established on a case-by-case basis as described in a habitat management plan;

Uses and activities allowed within a significant wildlife habitat area as identified by a habitat management plan must be limited to low-intensity land uses which will not adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting;

Bald eagle habitat must be protected pursuant to the Washington State bald eagle protection rules (WAC 232-12-292). Whenever activities are proposed within 800 feet of a verified nest territory or communal roost, a habitat management plan must be developed by a qualified professional. The director must verify the location of eagle management areas for each proposed activity. Approval of the activity must not occur prior to approval of the habitat management plan by the Washington Department of Fish and Wildlife.

The following wetlands are exempt from regulation:

Determination of Regulatory Wetland Boundary.

Wetland rating categories must be applied to the regulated wetland:

Regulated Activities. A permit must be obtained from the city prior to undertaking the following activities in a regulated wetland or its buffer:

Buffers. Wetland buffers are required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations must also include the standard buffer required for the category of the created, restored or enhanced wetland. All buffers must be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone must be determined according to wetland category, habitat score, and the intensity of the proposed land use. For the purposes of this section, "low impact land use" means land uses with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, passive recreation, open space, educational field trips, small gardens, or low impact stormwater management facilities. A maximum net density of four dwelling units per acre is defined as low intensity. "Net density" means the density calculation after the land set aside for roads and wetlands (but not their buffers) has been removed from the total land associated with the proposed development. "High impact land use" means land uses associated with moderate or high levels of human or structural disturbance including but not limited to R4-8 conditional or special uses, R-III zoning and above, multifamily residential, active recreation, commercial and industrial land uses.

The following measures are required, as applicable, to receive the buffer widths listed above.

A building setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the department of community development director or authorized designee determines, supported by objective written evidence, that such intrusions will not negatively impact the wetland. If the wetland buffer is already heavily impacted, building setbacks may be reduced in exchange for buffer enhancement – see SMC § 18.80.080.

Wetlands Restoration and Creation.

There are no feasible alternatives to the site design that could be accomplished without buffer averaging;

The buffer is increased adjacent to the higher-functioning or more sensitive areas 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

The buffer at its narrowest point is never less than three-quarters of the required width.

An applicant requesting modification must provide the director with the following information:

The reasonable use exception must be approved and critical areas development standards may be modified only when all of the following findings can be made:

A critical areas development standard may be reduced, waived or otherwise modified only to the extent necessary to make the standard reasonable in light of all the facts and circumstances of a particular case. In modifying a development standard, the director may impose reasonable conditions that prevent or mitigate the same harm that the modified regulation was intended to prevent or mitigate.

A decision to modify a development standard may be appealed pursuant to the provisions of Chapter 20.01 SMC. The decision as to whether development pursuant to a modified development standard will cause significant injury must be affirmed unless found to be clearly erroneous. The decision as to whether strict application of a development standard is reasonable must be accorded substantial weight, and the burden of proof of justifying the reasonable use exception must be on the applicant.

The critical area or buffer was lawfully altered in accordance with the provisions of the city ordinances and any state and federal laws at the time the alteration occurred;

The alteration has significantly disrupted the natural functions of the critical area or its buffer as determined by a qualified professional;

The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the critical area and its buffer as determined by a qualified professional;

The proposal incorporates the development standards of SMC § 18.80.070;

The new development will not further degrade the critical area or its buffer as determined by a qualified professional;

The proposal is consistent with the purpose and intent of this chapter; and

The applicant must mitigate and enhance the remaining critical area or buffer. An enhancement plan must be submitted in accordance with the requirements of SMC § 18.80.060.

Emergencies must be verified by a licensed engineer and notice of their existence must be posted in a paper of general circulation within the city.

Within 30 days, the director must determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions must apply.

After the emergency, the person or agency undertaking the action must fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action must apply for review, and the alteration, critical area report, and mitigation plan must be reviewed by the city in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner.

Trails and related facilities must, to the extent feasible, be placed on existing levies, road grades, utility corridors or any other previously disturbed areas;

Trails and related facilities must be planned, aligned, and constructed to minimize removal of trees, shrubs, snags and important wildlife habitat and disturbance to critical area functions;

Trails and related facilities must provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams;

Private trail widths must be limited to five feet; public trail widths must be limited to five feet or the minimum necessary to achieve Americans with Disabilities Act (ADA) compliance;

Public trails must be constructed and located in a manner that will achieve ADA compliance; and

Trails and related facilities must not exceed five percent impervious surface based on the total size of the critical area and its buffer.

Bridges are required for streams that support anadromous fish, unless otherwise allowed by the Washington State Department of Fisheries;

All crossings using culverts must use superspan, oversize, box or bottomless culverts;

All crossings must be constructed and installed during summer low flow between June 15th and September 15th;

Crossings must not occur in anadromous fish spawning areas unless no other feasible crossing site exists;

Bridge piers or abutments must not be placed in either the floodway or between the ordinary high-water marks unless no other feasible alternative placement exists;

Crossings must not diminish flood-carrying capacity;

Crossings must provide for maintenance of culverts, bridges and utilities; and

Crossings must serve multiple properties whenever possible.

The applicant has received an extension for the development exception pursuant to subsection J of this section;

The development exception approval provides for a greater time period.

Unforeseen circumstances or conditions necessitate the extension of the development exception;

Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

The extension of the development exception will not cause adverse impacts to critical areas.

General Requirements. The applicant must develop a mitigation plan that provides for construction, maintenance, monitoring and contingencies of the critical areas compensatory mitigation as required by conditions of approval and consistent with the requirements of this chapter. The mitigation plan must be consistent with subsection (K)(4) of this section. All mitigation sites must have buffers consistent with the buffer requirements of this chapter. Where feasible, mitigation projects must be completed prior to activities that will disturb critical areas. In all other cases, mitigation must be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects must be timed to reduce impacts to existing wildlife and vegetation. For mitigation projects that involve creating new wetlands or relocating streams, the director of community development must have the authority to modify the buffer requirements on a case-by-case basis to avoid unduly encumbering neighboring properties.

On properties where mitigation is required, prior to issuance of any construction, grading, or building permits, or preliminary approval of a major plat, short plat, or binding site plan, a "critical areas performance bond" or other suitable financial guarantee as approved by the city attorney must be submitted to the department of community development. The amount of the bond or other financial guarantee must be equal to 150 percent of the estimated cost of the mitigation. Such bond or other suitable financial guarantee must not be released until all required mitigation is installed.

Monitoring. All mitigation projects must be monitored for a period of five years. Monitoring reports must be submitted annually for the first three years following construction and at least upon the completion of the fifth year to document milestones, successes, problems, and contingency actions of the mitigation. The applicant must deposit an amount equal to 125 percent of the full cost of monitoring with the city before monitoring begins. The city must use such funds to pay for monitoring costs associated with the mitigation project. Once the monitoring has been completed, the city must refund any remaining funds to the applicant within 60 days of receiving the final monitoring report. The director must have the authority to extend the monitoring period and require additional monitoring reports beyond the initial five-year monitoring period for any project that does not meet the performance standards identified in the mitigation plan, does not provide adequate replacement for the functions and values of the impacted critical area, or otherwise warrants additional monitoring (such as when forested wetlands are restored or created).

Mitigation Plans. All restoration and compensation projects must follow a mitigation plan prepared by qualified professionals containing, at a minimum, the following components:

Restoring Closed Stream Segments.

Other mitigation alternatives, such as banking, in-lieu fees, off-site mitigation, and/or advance mitigation, may be used if the city has established procedures.

Final Approval. The department of community development director must grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section.

Classification. All city lands must be classified as having either a high, moderate or low aquifer recharge potential. At a minimum, classification must be based on soil permeability as described within the Soil Survey of Clallam County. Where adequate information is available, aquifer recharge potential must be further classified based on the recharge potential of surficial geologic materials, depth to ground water, and topography (i.e., slopes). Lands classified as having a high, moderate or low aquifer recharge potential must also be classified as having a high, moderate or low susceptibility to contamination of an underlying aquifer, respectively. Based on these criteria, the potential for recharging aquifers or transmitting contaminants to the underlying aquifer is greatest where the aquifer is close to the ground surface, where ground surface slopes are minimal, and where the recharge potential of the soils and/or surficial geologic material is greatest.

Designation. All lands classified as high or moderate aquifer recharge potential and aquifer susceptibility are designated as areas with a critical recharging effect on aquifers used for potable water. Critical aquifer recharge areas must be rated as high or moderate susceptibility areas as follows:

Declassification. Applicants may request that the city declassify a specific area included in the map. The application must be supported by a hydrogeologic assessment demonstrating that the designation is not warranted based on the physical character of the aquifer. The application to declassify an area must be reviewed by the city and a determination made to amend the map as appropriate.

Activities that will not degrade ground water quality and adversely affect aquifer recharging may be permitted in a critical aquifer recharge area if they comply with the city stormwater management regulations and other applicable local, state and federal regulations. These activities typically include commercial and industrial development that does not include storage, processing, or handling of any hazardous substance, or other development that does not substantially divert, alter, or reduce the flow of surface or ground waters.

Aboveground Storage Tanks or Vaults. Aboveground storage tanks or vaults for the storage of hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids or liquids in quantities identified by the Clallam County environmental health division, consistent with Chapter 173-303 WAC, as a risk to ground water quality, must be designed and constructed so as to:

Agricultural Activities. Agricultural activities, including commercial and hobby farms, are encouraged to incorporate best management practices concerning animal keeping, animal waste disposal, fertilizer use, pesticide use and stream corridor management, and seek the technical assistance of the Clallam County Conservation District and cooperative extension agent.

Land Divisions. Subdivisions, short subdivisions and other divisions of land relying on on-site septic systems because city sewer services are not available must be evaluated for their impact on ground water quality. The following measures may be required as determined by the Clallam County environmental health division:

Parks, Schools and Recreation Facilities. Fertilizer, herbicide and pesticide management practices of schools, parks, golf courses and other nonresidential facilities that maintain large landscaped areas must be evaluated in relation to best management practices as recommended by the cooperative extensions service.

Stormwater Standards for Commercial and Industrial Uses. All new commercial and industrial land uses must remove contaminants prior to their point of entry into surface or ground water resources using best management practices in conformance with the manual identified in Chapter 13.104 SMC. Maintenance of stormwater facilities must be assured as a permit condition.

Underground Storage Tanks and Vaults. Underground storage tanks and vaults used for the storage of hazardous substances, solids or liquids in quantities identified by the Clallam County environmental health division, consistent with Chapter 173-303 WAC, as a risk to ground water quality, must be designed and constructed so as to:

Spreading or Injection of Reclaimed Water or Biosolids. Water reuse or biosolid projects must be in accordance with the city's comprehensive plans and approved by the Departments of Ecology and Health.

Vehicle Repair and Servicing. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

Dry wells on sites used for vehicle repair and servicing must not be allowed, and any existing dry wells on the site must be replaced with best management practices in conformance with the manual identified in SMC § 13.104.100 prior to commencement of any new vehicle repair and servicing facility;

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

All classes of underground injection wells, except those in conformance with the manual identified in SMC § 13.104.100 or when approved by state or local authorities as part of an approved remediation action; and

Facilities that store, process, or dispose of radioactive substances.