833 Critical AreasCITY OF YELM
ORDINANCE NO. 833
AN ORDINANCE UPDATING THE YELM CRITICAL AREAS CODE, CHAPTER 14.08 YELM
MUNICIPAL CODE IN COMPLIANCE WITH CHAPTER 36.70A RCW.
WHEREAS, The City of Yelm is required to undertake a review of its Comprehensive
Plan and Development Regulations, including the Critical Areas Code, in order to ensure that
the Plan and regulations remain consistent with the tenants of the Growth Management Act,
Chapter 36.70 RCW, and
WHEREAS, through this consistency review process, the City of Yelm determined that
the Yelm Critical Areas Code, Chapter 14.08 YMC, required amendment in order to remain
consistent with the Growth Management Act, specifically a new requirement in the Act that the
regulations adopted as part of a Critical Areas Code be based on Best Available Science, and
WHEREAS, the City of Yelm considered the "Minimum Guidelines" adopted by the
Washington Department of Community, Trade, and Economic Development (CTED) and as set
forth in Chapter 365-190 WAC, and
WHEREAS, the City of Yelm based the updated Critical Areas Code on the model
critical areas code as published by the Washington State Department of Community, Trade, and
Economic Development, which embodies best available science, and
WHEREAS, some of the standards of the updated Critical Areas Code were modified
from the model code due to newer best available science, including the wetlands buffer
requirements which are based on the recommendations found in Wetlands in Washington State
Volume 2: Guidance for Protecting and Managing Wetlands, not published until April of 2005 by
the Washington Department of Ecology, and
WHEREAS, the Community Development Department reviewed the best available
science and made its recommendation regarding changes to the Critical Areas Code based on
the appropriate scientific documentation, all of which is found in Citations of Recommended
Sources of Best Available Science for Designating and Protecting Critical Areas, published
March of 2002 by the Washington Department of Community, Trade, and Economic
Development, and
WHEREAS, the Community Development Department utilized a thorough, creative, and
far-reaching program for public participation, and
WHEREAS, the public participation program included the maintenance of an email
distribution list comprised of any person expressing interest in the consistency review or critical
areas code update process and the posting of all pertinent drafts, notices, staff reports, and
public comment on the City's web site, and
WHEREAS, the Planning Commission held an open house to solicit comments on the
first draft of the proposed update from any interested party in an informal setting with
background material, referred the draft Critical Areas Code update to asub-committee formed
to review all comments received from the open house and the sub-committee recommended
several changes to the initial draft, and held a public hearing on the revised draft on June 20,
2005, and
Ordinance No. 833 Page 1 of 2
AbUega1~2005
WHEREAS, the City Council held a public hearing on the updated Critical Areas Code
as recommended to be adopted by the Planning Commission,
NOW, THEREFORE, THE CITY COUNCIL OF YELM DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14.08 Yelm Municipal Code is hereby amended pursuant to Attachment
A to this Ordinance.
SECTION 2. This Ordinance shall take effect five days after its publication as provided by law.
PASSED by the City Council of Yelm this 28t" day of September 2005.
~4~le~--F~i~~s~.~i4ayo~ Ron Ha~`ding, Mayor Pro-Tempore
AUTHENTICATED:
/"~
i
Agne ennick, City Clerk.
PUBLISHED: Nisqually Valley News, October 7, 2005
EFFECTIVE DATE: October 12, 2005
Ordinance 833 Page 2 of 2
Ab\legal\2005
Ordinance Number 833
Appendix A
14.08.010 S~neral Provisions
nonor~l ~eiolf~ro
• ,
~ P~r~ose
1. T f hi r i I l i " iv
h r r r r h it f .I
allows for reasonable use of Qrivate nro_.~ rtv
h' r' i m h I I~ ~ i I" 'r f
Yelm r h I n r n n
" I r i v r" f I I n n i i i I
i i r r
public and private arogert~
4. B~itina development and alteration of critical areas this Chaster s eks
Pr otec t memb ers of th e public and public re sou rce s a nd fac ilities fr om iniurv I~ss
of life. or nron ertv da mage du e to land slid es and ste ep S{ nnP fail s ~rPC Arncinn
e
~ Ma ~smi
inta c events
in healt . vo
hy lcan
fun ic eruptio
ctioning ns.
eco or flo
syste odi
ms ng:
th
rou
gh
the
protectio
n of uniaue
fra gile. and va luab le e lements of t he en viro nm ent inc ludin g aroun d and surface
wa ters . wetlan ds. and fish and wi ldlife an d th eir hab itatc and to conserve the
~~o
i dwe rsity of
'i plan t an d animal spe cies:
r"i
r
!
'i i n i ' v i r'i r
alt erati ons in a nd a
iv diac ent to cr
v itica l arPa c~ and
I
fis h and wildl ife habitat and the o ve rall ne t lo ss of wetlan dc frAnuPntly
flo oded areas and hab itat cons erva tion a re as
r i i f i h r r n "i i
r h n mnA hr hh li i f i t
r "n i -1 - r h - - 'n I i
with state and federal agencies and other~ualified professionals
i r i ii r i fl i~i i
h r ri i h i n f i h r f
n i wn n i f h r
f li f i"" n i I
f r h mm wi h r 'n r n I w i
s~~ndards
B. Aut_hori
1. r vi r i h it r f m I iv r"
in r n h n i 'I' of i
Ordinance Number 833 - Appendix A Critical Areas Code Update
stated purpose
~ the Citv may withhold condition or deny development permits or activity approvals to
ensure that the proposed action is consistent with this Chaster.
G Relationship to Other Regulati ons
1 These critical areas re gulations shall a pply as an overlay and in addition to zoning and
other de velopment reg ulations adopted by the Citv.
2 When a property or de velopment is sub iect to more than one critical area overlay or other
r~aulati ons apply to a development. the more restrictive shall apply.
3 Compli ance with the p rovisions of this Chapter does not constitute compliance with other
federal --
state and l ___
ocal regulations
and permit reauirements The applicant is
respons
--T- ible for comalv
-_ - ina with these re auirements. apart from the process established in
this Ch apter.
D Unless otherwi se indicated in this Chapter th e applicant shall be responsible for the initiation
~-eaaration su bmission and expense of all reauired reports. assessmentlsl. studies. plans.
reconnaissance ls) peer revie w(s) by qualified c onsultants. and other work prepared msupport of
or necessary to review the app lication
~ Interpretation.
In the interpretation and application of this Chapter. the provisions of this Chapter shall be
considered to be the minimum reauirements necessary. shall be liberally construed to serve the
-__ __
nurn~~P of this Chapter and shall be deemed to neither limit nor repeal any other provisions
under state statute
F Jurisdiction -Critical Areas.
1 _ The Citv shall regulate all uses activities and developments within adiacent to or likely
to affect one or more critical areas consistent with the best available science and the
provisions herein
2 Critical areas regulated by this Chapter include
a Wetlands:
b Critica l aq uifer r echa rge a reas:
c. Frequ ently flood ed a reas:
d Geoio oical ly haz ard ous a reas and
e Fish a nd w ildlife hab itat c onservati on areas
3 _ All areas within the Citv meeting the definition of one or more critical areas. regardless of
and formal identification are hereby designated critical areas and are subiect to the
provisions of this Chapter.
4 Areas Adiacent to Critical Areas Subiect to Regulation Areas adiacent to critical areas
shall be considered to be within the jurisdiction of these reauirements and regulations
Adiacent shall n any activity located
a On a site immediately adioinina a critical are
b A distance equal to or less than the reauired critical area buffer width and
uildino setback:
c. A distance equal to or less than one-half mile (2.640 feet) from a bald eagle nest:
~ A distance equal to or less than three hundred (300) feet upland from a stream
wetland. or water body:
e Within the floodwav floodplain or channel migration zone: or
~Q~e ~ -
Ordinance Number 833 - Appendix A Critical Areas Code Update
f A distance eaual to or less than two hundred (2001 feet from a critical aauifer
recharge area.
C Protection of Critical Areas
Anv ac tion t aken pursua nt t o this Chapt er s halt result in eaui valent or gre ater f unctions and
---
1
f h
rii
--
I r
--
i
i
h
-
r
~
n
r
~vai labi e sci ence All a ction s and devel opm ents shall be desi gned a nd con struc ted to avoid.
mini miz e an d resto re all adv erse i mpacts Ap plic
- - ants mu st first demon strate a n ina bility to avoid
or re
du
ce im
pacts --
befor
e res
torati
on and
com -
pen --
sation o
f i
mpa
cts will
be allo
wed
No activity or
use sha ll be allowe d that resu lts in a net lo ss o f the functi on s or v alues o f critica l are as.
14.08.020 Best Available Science
.,
A~
A Protect Function s a nd Values of Critical Areas With Speci al Considerati on to Anadromous Fish
Critical area rep orts and decisions to alter critical areas sh all rely on the best available science to
protect the fun ctio ns and values of critical areas and must give s pecial consideration to
conserv ation or pro tection measures necessary to preser ve or enhance anadromous fish. such
as salm
B v on and b
il V ull
i tr ut and their habitat
n ni Wih i r Th
vil I
~n ~nifi
informat ion appl ica ble to the critical area prepared by lo cal state or federal natural resource
anPn~iP S a aua lifi ed scientific professional or team of a ualified scient ific professionals that is
consiste
r nt with c
ri i rite
f ria established in WAC 365-195-900 thr
1i ~ n ifi Pr 1n n ough WAC 36
rii I 5-195-925.
r n
scientif~ Rroce ss is one that produces reliable infor mation usefu l in understanding the
conseq uences o f a local government's regulatory decisi ons and in developing critical areas
policies and develo pment regulations that will be effective in protecting the functions and values
of critic al areas T o determine whether information receiv ed during the permit review process is
reliable scientifi c information the administrator shall d etermine whe ther the source of the
informa tion disp lay s the characteristics of a valid scientific process. Su ch characteristics are as
follows:
1
weer Re
vie
w The information has been criticall
y reviewed by
other persons who are
2 aualified
by
journal u
Method sc
r
su
s ientific experts in that scientific discipli
h rill rrviw
ally indicates that the information has b
The methods used to obtain the ne. The prop
P l~ i
een appropriat
information onents of the information
fr i ~i
ely peer-reviewed:
are clearly stated and
~ reproducib
he method
Logical Co le. The methods are standardized in th
s have been appropriately peer-reviewe
nclusions and Reasonable Inferences e pertinent sci
d to ensure th
The conclusi entific discipline or. if not.
eir reliability and validity:
ons presented are based
__
4 on reas
theory u
from the
--
inconsis
Quantita on
nd
as
ten
tiv able assumptions supported by other s
erlvino_the assumptions. The conclusio
sumptions and supported by the data p
_- _
cies with other pertinent scientific inform
e Analysis The data have been an tudies and co
ns are logicall
resented An
ation are ade
alyzed using nsistent with the general
y and reasonably derived
v gaps in information and
quately explained
appropriate statistical or
quantita tiv e methods:
Rafe ; -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Context The information is placed in proaer context. The assumptions. analvtical
tPChniaues data and conclusions are appropriately framed with respect to the prevailing
odv of pertinent scientific knowledge: and
6 References The assumptions analvtical technioues and conclusions are well
r fe erenced with citations to relevant. credible literature and other pertinent existing
information.
~ Nonscientific Information Nonscientific information may supplement scientific information. but it
i~ an adequate substitute for valid and available scientific informatio Common sources of
nonscientific information include anecdotal Information non-expert opinion and hearsay
E Absence of Vaiid Scientific Information Where there is an absence of valid scientific information
or incomplete scientific information relating to a critical area leading to uncertainty about the risk
to critical area function of permitting an alteration of or impact to the critical area- the
administrator shall
1 Take a "precautionary or a no-risk approach." that strictly limits development and land
use activities until the uncertainty is sufficiently resolved and
2 Require application of an effective adaptive management program that relies on scientific
methods to evaluate how well regulatory and nonreaulatorv actions protect the critical
- - --
area An adaptive management program is a formal and deliberate scientific approach to
t~kina action and obtaining information in the face of uncertainty An adaptive
management program shall:
a Address funding for the research component of the adaptive management
proms
k~ Change course based on the results and interpretation of new information that
resolves uncertainties and
~ Commit to the appropriate timeframe and scale necessary to reli blv evaluate
_r~gulatorv and nonreaulatorv actions affecting protection of critical areas and
anadromous fisheries
- laa~`~°
~b
Ordinance Number 833 -Appendix A
14.08.030 ~~
A Ap~li ili v
~ ThA nrnvisiOn~ cf this ChaptPr~- a°p- Iv t-O
h i r rn ~~
n i n i h
.....•on~ ac rnnSlStP t w~h_ th
^ h i i n n'
Th i I n r v n r
.... _ r _ _.. ~..~~ ,~ratpr nr vea~tation ~ or to__~onstru~t Qr ~~
„ ,,
improvement in over or_ on._ a cr'tf hi ar ha
~mniianc~VlLlth t~~!r m~ s •
...,~,r.+ e~tivitiP~ and Impact t0 ritiGal re
i i II n l v i
All m l r i f riti al area that
A in i I I
x ivi I r r h ili
C; F~x~mot Activi ies.
... _ r __.,.,....~.~}off r ICGC
-,n~+ fP~Pral laws and__r~auire
h i~i n rvn n
~. m ~ i rn i ri k f
~ f _ 1f r r -~
rPaui_re rem~~or preventativ ac ion in a tim fr m
with the renuirements of t__ hi~Cha
r n ~ in ~~ - -
. h h m i
n Ilf 1
.t~__ ~~.,, ,,.Y.orncnrV the oers n r in _ h 1 i
- _ i_ LL.... r. ri~ir7~
h in - wi h r ~ ~ , ~ ~ - -
hip n f h
mii i n ~ ii i ~i
anc~ csZmplPted in a timely man_~.r;
_ .. __ _._~_~..r,..o nr rAnair of exi it
=
ma ~--
inten --
anc~.
or rec
~ir.
Pa ssive Outd oor Ac tin i 5- R~
pio n r h ~i I r
Critical Areas Code U
F'c,~~ ..
Ordinance Number 833 - Appendix A Critical Areas Code Update
.~ Exception -Essential Public Facilities
1 If the application of this Chanter would prohibit a development proposal for an essential
y guhli~ facility the aaencv or utility may apply for an exception.
~___ Exception Reauest and Review Process An application for a exception shall be made to
City and shall include a critical area report The administrator s a ac on e
exception reauest as part of the underlvin9 permit approval based on the proposal'
ability to comply with public aaencv and utility exception review criteria The decision on
the exception may be appealed pursuant to the appeal procedures of the underlvina
permit or appr_~a_I.
4 Exception Criteria
a_ There is no other practical alternative to the proposed development with less
impact on the critical areas;
~ The application of this Chapter would unreasonably restrict the ability to provide
utili y services to the public:
~ The proposal does not pose an unreasonable threat to the public health. safety
or welfare on or off the development proposal site:
d The proposal attempts to protect and mitioate impacts to the critical area
funs-tions and values consistent with the best available science and
P The proposal is consistent with other applicable regulations and standards
5 Burden of Proof The burden of proof shall be on the applicant to show that the criteria
r m
E Exception -Reasonable Use
1 If the a pplication of this Chapter would denv all reasonable economic use of the subiec
prop rt y, the Citv shall determine if compensation is an appropriate action or the
propert
2 Excepti y owner may
on Reauest appl
and y for an exception.
Review Process. An application for a reasonable use exception
shall b e made to th e City and shaft/ include a critical area report The administrator shall
prepar e a recomme ndati on to the Hearing Examiner based on the proposal's ability to
comply
~ Hearin with reason
a Examiner able u
Revi se exception criteria.
ew. The Hearina Examin r sha{{ review the application_ and
conduc t a p lic he aring . The Hearina Examiner shall approve. approve with cow itions.
or den v the reauest bas ed on the proposal's ability to comply with all of the reasonable
use ex ception revie w crit eria.
4. Reasonable Use R view ri~eria.
~_ The application of this Chaster would denv all reasonable economic use of the
~_~~
~s__ No other reasonable economic use of the property has less impact on the critical
area:
c_ The proposed impact to the critical area is the minimum necessary to allow for
seasonable economic use of the property:
d The inability of the applicant to derive reasonable economic use of th prop rtv i
not the result of actions by the applicant after the effective date of this Chapter
---
or its predecessor:
e The proposal does not pose an unreasonable threat to the public health. safety.
or welfare on or off the development proposal site
-°s~e5-
Ordinance Number 833 - Appendix A Critical Areas Code Update
f The
- pr op osal wil l res ult in no
_ _ net
_ __ loss of critical area functi ons e nd values
cons ist ent with th e bes t availabl e scie nce or
a The oro go sal i s co nsis tent with other aoal icab le regu lations and s tandar ds.
E Burden of Proof The burden of proof shaft be on the applicant to show the exception meets the
criteria for approval.
14.08.040 Be~~+tis~Allowed Activities
« „
<<
« ~,
<<
<<
7 rarcus:
~,
« ~,
« ~,
Ordinance Number 833 - Appendix A Critical Areas Code Update
-oz
Ordinance Number 833 - Appendix A Critical Areas Code Update
{i /l
1 1 f
{{ 11
1 1 1
{{ 71
1 /
1
f 1
7
1
1 1 1 /
f 1 1
f ~
~~ 11
{! //
1
A Critical Area Report Activities allowed under this Chapter shall have been reviewed and
permitted or approved by the Citv but do not reauire submittal of a separate critical area report
unless reauired previously for an underlvina aermit The administrator may apply conditions to
the underlvina aermit or approval to ensure that the allowed activity is consistent with the
r iin fhi h r r rii I r
~_ Reauired Use of Best Management Practices All allowed activities shall be conducted using the
hest manaaement practices that result in the least amount of impact to the critical areas The
City sh Il observe the use of best manaaement practices to ensure that the activity does not
result in degradation to the critical area Anv incidental damage to or alteration of a critical area
--
~hall be restored, rehabilitated or replaced
C Allowed Activities. The following activities are allowed:
1 Permit Requests Subsequent to Previous Critical Area Review. Development permits
approvals that involve both discretionary land use approvals and construction
approvals if all of the following conditions have been m~
~_ The provisions of this Chagter have been previously addressed as part of
another approval;
b There have been no material chances in the potential impact to the critical area
or buffer since the prior review:
c There is no new information available that is applicable to anv critical area review
of the site or particular critical area:
~ The permit or approval has not expired or if no expiration date. no more than five
years have elapsed since the issuanc of that permit or approval and
P Compliance with anv standards or conditions placed upon the prior permit or
- -- ---- ---
approval has been achieved or secured:
- Page 9 -
Ordinance Number 833 -Appendix A
Critical Areas Code Update
~~__ i~ i i i r r r i m if' i ' i r
of an existing legally constructed structure that does not further alter or increase the
impact to_ the critical area or buffer and there is no increased risk to life or property as a
result of the proposed modification or replacement provided that restoration of structures
~ ntially damaged by fire flood or act of nature must be initiated within 18 mont f
the date of such damage as evidenced by the issuance of a valid building permit an
diii~ently pursued to completion:
3 Activities Within the Improved Right-of-Way. Replacement. modification. installation. or
construction of utility facilities lines aloes mains eauiPment. or appurtenances. no
including substations when such facilities are located within the improved portion of the
---
public right of wav or a City auth rized private roadway except those activities that alter a
wetland or watercourse such as culverts or bridges. or result in the transeort of sedim n
or increased stormwater: subiect to the following:
~__ Critical area and/or buffer widths shall be increased where possible. eaual to the
wi th of the right-of-wav improvement. including disturbed areas: and
b Retention and replanting of native vegetation shall occur wherever possible along
the right-of-wav improvement and resulting disturbance:
4 Minor Utility Proiects Utility Proiects which have minor or short-duration _impacts _to
critical areas as determined by the administrator in accordance with the criteria _below.
and which do not significantly impact the function or values of a critical area(s). provided
that such Proiects are constructed with best management practices and additional
restoration measures are provided _ Minor activities shaft not result in the transport of
sP invent or increased stormwater Such allowed minor utility Proiects shall meet the
foliowina criteria:
~ There is no Practic.~~Iter~tiv~. to the proposed ivity with less impact 9_n_
critical areas;
~____~_ Q activity involves the placement of a utility Pole street signs anchor. or vaul
or other small component of a utility facility: and
c The activity involves disturbance of an area les~~ap 7b sauare feet:
P f' Priv P ri T ii P I' ri r' i
wetlands fish and wildlife habitat conservation areas or their buffers subiect to the
following:
~ ThP trail surface shalt meet_ alV other reauirements incfudina water auaiity
standards set forth in the (locally adopted stormwater management regulations/:
r" f r / r ff r h ll i
width of the trail corridor incfudina disturbed areas and
~ Trails Proposed to be located in landslide or erosion hazard areas shall be
constructed in a manner that does not increase the risk of landslide or erosion
and in accordance with an approved aeotechnical report
6 Select Veaetatio_n Removal Activities. The foliowina vegetation removal activities.
~yided that no vegetation shall be removed from a critical area or its buffer without
~~.proval from the administrator
~ The removal of the foliowina vegetation with hand labor and light eauipment~
i. Invasive and noxious weeds:
ii. English Ivy (Hedera helix):
iii Himalayan blackberry (Rubus discolor R Procerusl~ and
iv. Evergreen blackberry (Rubus laciniatusl:
- Page 10 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ The removal of trees from critica l areas a nd buffers tha t are hazardous pos ing a
thre at to public safety. or oosina an immi nent risk of d amaoe to private pro perty.
provided that:
i. The applicant submits
a repo
rt from a ce
rtified arborist. regis
tered
ii. landscape architect or
and provides a replantin
Tree cutting shall be l professio
g schedu
imited t nal forester that documents the h
le for the replacement trees:
o pruning and crown thinning. u azard
nless
ii.
erwise justified by a
thinning is not sufficient
or converted to wildlife s
Ail vegetation cut (tree - _
aualified
to addre
na~s~
stems. _
professional.
s_ s the hazard
branches. etc
Where pruning or c
. trees should be rem
.) shall be left withi
rown
oved
n the
iv critical area or buffer unl
r r mi
The landowner shall rep ess rem
I h
lace any oval is warran
rh Ih v
trees that ar ted due to the potenti
e removed with new al for
trees
a ratio of two replacement tree
(1) year in accordance with an a s for each tre
pproved resto e removed (2:1) withi
ration elan. Replace n one
ment
trees may be planted at a d ifferent. near by location if it ca n be
determined that planting in the s ame location would create a new h azard
or ...potentially damaoe the critic al area. Re placement trees sha ll be
species that are native and indig enous to the site and a minimum o f one
(1) inch in diameter-at- breast h eight (dbh) f or deciduous trees a nd a
minimum of six (6) feet in heigh t for evergree n trees as measured from
v. the top of the root bail:
If a tree to be removed
provides
critical habita
t. such as an eagle. p
erch.
aualified wildlife biolo gist shal l be consulte d to determine timin g and
vi. methods or removal that
Hazard trees determine will mini
d to pos mize impacts
e an imminent and
threat or dancer to
public
health or safety. to publi c or priv ate property o r of serious environm ental
degradation may be r emoved or pruned b y the landowner pri or to
receiving written appro val from Citv provided that within fourteen 1141
days following such acti on. the l andowner sha ll submit a restoration plan
hat demonstrates comp liance with the provisio ns of this Chapter.
c. Mea sures to control a fire or h alt the spread of dis ease or damaaino in sects
con sistent with the state Fores t Practic es Act; Chapt er 76,09 RCW, hand local
fore st practices regulations if adoptedl provided tha t the removed vege tation
shal l be replaced in-kind or with simila r native spec ies within one (1) y ear in
acc
d. Unl ordance with an approved re
ess otherwise provided. or storation
as a ne plan; and
cessary part
of an approved alter
ation.
rem oval of any vegetation or w oody de bris from a ha bitat conservation area or
w and shall be prohibited:
7. Chemical Applications. The application of herbicides.... pesticides. organic or mineral-
derived fertilizers. or other hazardous substances. if necessary. as approved by the Citv.
provided that their use shall be restricted in accordance with state Department of Fish
and Wildlife Management Recommendations and the regulations of the state Department
of Agriculture and the U.S. Environmental Protection Aaencv:
8. Minor Site Investigative Work. Work necessary for land use submittals. such as survey
soil logs.__aercolation tests; and other related activities where such activities do not
reauire construction of new roads or significant amounts of excavation. In every case.
im h ri i l r h II ini i i r h l 1
restored.~and
- Page 11 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
g Navigational Aids and Boundary Markers Construction or modification of navigational
--
aids and boundary markers.
14.08.050 critical Areas Review Process
A Critical Areas Report -Reauirements
1 Preparation by Qualified Professional If required by the administrator the applicant shall
submit acritical area report prepared by a qualified professional as defined herein
2 Incorporating Best Available Science The critical area report shall use scientifically valid
--
methods and studies in the analysis of critical area data and field reconnaissance and
r fPl'PnC'P th source of science used The critical area report shall valuate the proposa
and all probable impacts to critical areas in accordance with the provisions of this
~~
~_____ Minimum Report Contents At a minimum the report shall contain the following:
a The name an d contact informatio n of the applicant. a description of the proposal.
and i entifica tion o f the permit req uest ed:
~ A copy of the site pl n for the dev elop ment proposal includina:
i A m ap t o scale depict ing critical areas buffers the developmen
propo sal and any areas t o be cleared: and
ii A de scrip tion of the pr opos ed stormwater management plan for the
devel opm ent and conside ratio n of impacts to drainage alterations.
c The dates n ame s and qualifica tion s of the persons preparing the report and
documentatio
n of _._-
any fieldwork p
erfor
med on the site:
d Identification and characterizatio n of all critical areas, wetlands water bodies
and buffers a djace nt to the propo sed project area:
e A statement speci he accur
fvina t acy o f the resort and all assumptions made and
r lied upon: _
f An assessme nt of the probable c umu lative impacts to critical areas resulting from
development of th e site and the p ropo sed development:
a An analysis of site developm ent alternatives includina a no developmen
alternative; __
h A description of re asonable effor ts m ade to apply mitigation seouencina pursuant
to Mitigation Sea uencina to av oid minimize and mitigate impacts to critical
~2~
i Plans far ad equa te mitigation a s ne eded to offset any impacts in accordance
wi h Mitigatio n Pla n Reauirement s. in cludina. but not limited to:
~ The impa cts of any prop osed development within or adjacent to a critical
area or b uffer on the criti cal a rea and
kL The impa cts of any prop osed alteration of a critical area or buffer on the
deve lopm ent proposal. o ther properties and the environment:
i A discussion of t he performanc e st andards applicable to the critical area and
proposed act ivity:
k Financial gu arant ees to ensure c omp liance: and
- Page 12 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
I. An i i n l i f rm i n r it r rii l if'
corresaon inn chanter.
m i h r vi r'i r
m i rin r r i rl
n r l i n r ! r r r v
aroaosal site as aaaroved ~l the administrator
rii r R - ifi i n it n
imi n Ar Th i t r "r r h'
t_he critical area resort as aaaroariate ifi'
T i n wi h i fir m h i nn rmi i
~ronerties adjacent to the nroiec~t area
h ivi "II nl limi f i
2. M i i i n R ~r n T I" I wi
ri r ri r i n f h I r r r
ifi i n r it n f h f
rf inl mr I infrm ini r i
critical area imaacts and required mitigation
ii Infrm in R~ mn T i t i I
i f i n i in rii I r r wh r i n
h i f h 'vi i r i hi r. i i I
'nf r i n h m r it in I n li '
i I inl in rii I n m I h
it i n m n v it I r i
site or oast oatrations at the site:
~ C~rad.i~ and drainage ~ians~ and
I of rm i if" i n r rii I r
Miti tion Requirements
1. T 1' n hl vi iim hfni n ii
r r r nl h i r vi i h i t i' r
i n v i
~ I li y r im fr m ' i I r r f
'
v m n r I r n 1! i" 1
i
n i h n r v rii r r n PA n 'n
no net loss Qf critical area functions and values.
2~ ii i 14 i-ki n-i hn I n iin i h
n in vl f rii l r n rvn ri frm r
~.~iticaf are a
~__ ____ i" i n h II n i I m n nil r i r I f rii I r
in I mi i i n I n mi i i n hit in r n i
aaar~___ov_ed critical are a resort.
i i i n n in A li n r r n l h
min wi h i v i in"m" i r' i l r n l r i
rii I i r 1 i h I1 i m'nim" r in
foilo winc~ se~t~en ia l order of areference:
1. A i 'n h im I h r n ki in i r f n
'imi in im limi in h r ni i
i n i in r ri h l r i it
r i rl i n i in i t
-Page 13 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
Re ctifvina the imp act to w etla nds. critica l aau ifer recharge areas. freau ently floo ded
r n d habitat cons ervat ion area s b re pa iri ng. rehabilitatin g. or restorin g the affe .tP
en vironm ent to th e his toric al c ondi tions or th e conditions e xisting at the tim e of the
init iation o f the proi ect:
4 Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods
Reducing or eliminating the impact or hazard over time by preservation and maintenance
Qx~~rations during the life of the action:
Compensating for the impact to wetlands. critical aauifer recharge areas freauently
fl ed areas and habitat conservation areas by replacing enhancing or providing
--
substitute resources or environments; and
7. Monitoring the hazard or other reauired mitigation and taking remedial action when
_ ---
necessary.
Mitigation for individual actions may include a combination of the above measures
Mitigation Plan Reauirements When mitigation is reauired the applicant shall submit for
approval by City a mitigation plan as Hart of the critical area report The mitigation clan shall
~~_~
1 Environmental Goals and Objectives The mitigation elan shall include a written report
-- --- --
i entifvino environmental goals and obiectives of the compensation proposed and
in I in
a. A description of the anticipated impacts to the critical areas and the mitiaatinn
actions aroaosed and the purposes of_the compensation measures includinn the
e selection criteria: identification of compensation goals: identification of
resource functions: and dates for beginning and completion of site compensation
construction activities. The goals and obiectives sf~~ll be related to the functions_
nd values of the impacted critical area:
A review of the best available science supporting the aroaosed mitigation and a
description of the report author's ex_aerience to date in restoring or rreatinn the
type of critical area aroaosed: and
~, An analysis of the likelihood of success of the compensation nmiPCt
Perform ance Standa rds The mitig ation plan shall include measurable specific
criteria for evaluatin g whether or n ot the goals and obiectives of the mitiaatinn
proiect have been s uccessfully atta ined a nd whether or not the requirements of
this h apter have be en met
Detaile d Constructi on Plans T he m itigation plan shall include written
~~ecific ations and de scriptions of th e mitig ation proposed, s~irh aS~
i. The propose d construction seque nce. timing and duration
ii. Grading and excavation det ails:
iii Erosion and sediment contr ol feat ur
iv. A planting plan specifvina _ plan t species. quantities Incatinne si~a
~x~acino. and density: and
v. Measures to protect and ma intain plants until established
These writte n specification s sha ll be accompanied by detailed site
iaarams sc aled cross-sec tional drawings topographic maps showing
lope percentage and final grad e elevations and any other drawings
ppropriate t o show constru ction t echniques or anticipated final outcome
- Page 14 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
F. Monitoring Pro gram. The mitiaation elan shall includ e a program for monitorina .nn~tri,ctin of
e compensat ion proiect a nd for a ssessing a compl eted proiect. A protocol shall be incl
lining the sc hedule for si te monito rina (for exa mple. monitorina shall occur in years 1 3 5 and
7 after site co nstruction) and how the monito rina d ata will be evaluated to determine if the
performance s tandards are being m et A mo nitorin a resort shall be submitted as needed to
ocument mile
stones suc
cesses
problems ----
and c
ontingency actions of the compensatio
prQiect. The c ompensatio n proiect shall be mo nitore d for a period necessarv to establish tha
performance st
Contingency P andards hav
lan. The mi e been m
tiaation e et but not f
lan shall inc or a p
lude i eriod less than five (5) ve rs
dentification of potential courses of action
nd anv correc tive measure s to be ta ken if monit orina or evaluation indicates nroiect performance
standards are n
H Financial Guar ot being me
antees Th t.
e mitiaati
on plan sha
ll incl
ude financial guarantees if necessarv to
ensure that the
14.08.060 mitiaation pl an is fully implement
Qetermin ed.
ation
Process
o~T; e~
G Cich ~nrl ~-iilrllif
A Determination yeas;
o~h~}~
The admini
~. -
strator sh
.
all make a d
eterm
ination as to whether the proposed activity
and mitiaation. if anv. is c onsistent with the p rovisi ons of this Chapter The administrator's
determination s hall be base d on the Rev~w Crite ria.
~__._ Review ri r~
Anv alteration to a critical area unless otherwise provided for in this Chapter shall be
reviewed and approved. approved with conditions. or denied based on the nrnnncal'c
ility to comply with all of the following criteria:
The proposal minimizes the impact on critical areas in accordance with Mitiaa
Seauencina:
The proposal does not pose an unreasonable threat to the public heath safety
r welfare on or off the development proposal site:
The proposal is consistent with the general purposes of this Chapter and the
public interest:
~ Anv alterations permitted to the critical area are mitigated in accordance with
__
Mitigation Reauirements:
e The proposal protects the critical area functions and valt~PS r•nnsistPnt with tnA
--- ... I ....
best available science and results in no net loss of critical area functions and
values and
f. The proposal is consistent with other applicable regulations and standards
The Citv may condition the proposed activity as necessarv to mitigate impacts to critic
reps and to conform to the standards reauired by this Chapter
3. Except as provided for by this Chapter. anv nroiect that cannot ar~pr,,,atr~w miring+A i+~
V ILV
impacts to critical areas in the seauencina order of preferences shall b denied
Completion of the Critical Area Review The City's determination regarding critical areas
- Page 15 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
r n hi h r h l f~n I n rr w~ h fi I i~ r
~Pnv the devel opment propos al or ot her ac tivity involv ed.
~ Appe als Anv decisio n to a pprove condit ion or den v a develo pment propos al or other activ ity
b~~P d on the r equirem ents of this Chapte r m ay be app ealed a ccording to a nd as part of. t he
appe al pr ocedu re for t he per mit or a pprova l inv olved
14.08.070 Nk~smodifications and Variances
~ Modifications to the prescriptiv e standards for the protecti on of critical a rea s may be authorized
v the City The Site Plan Revi ew Committee shall review the request an d m ake a written finding
that the request meets or fails to meet the m odification cr iteria as part of t he underlvina perm
~rQval
~ Modification Criteria A modifi cation may be granted only if the applican t d emonstrates that the
rPCg~,PStPd modification include s the best ava ilable scien ce and gives spe cia consi era ion o
n rv i n r i m r n r rv r n n fi
V i n fr h r f h~ h r ri h i r n
the procedures set forth in C hapter 2 26 Ye lm Municipa l Code The He aring Examiner shall
review the request and make a written finding that the requ est meets or f ails to meet the variance
ri ri .
~ Variance Criteria A varianc e may be gra nted only if the applicant de monstrates that the
g~uPStPr~ action conforms to a ll of the criteria set forth as follows
1 Special conditions an d circumstance s exist that are peculiar to the land. the lot. or
~~methina in~ Brent in the land and that are not applicable to oth er lands in the same
d~tr~.,
~ The special conditions and circumstan ces do not r esult from the acti ons of the applicant:
3 A literal interpretation of the provision s of this Ch apter would de pri ve the applicant of all
--
reasonable economic
---
uses and privile
ges permitte
d to other pro
per
ties in the vicinity and
zone of the subject pro oertv under th
-- - e term~of thi s Chapter an d th e variance requested
is the minimum necess arv to provide t he applicant with such righ ts:
4 Gr~.ntina the variance requested will n ot confer on the applicant anv special privilege that
is denied by this C
circumstances hapter to oth er lands. s tructures. or bui ldings under similar
~ The ar ntina of the v ariance is con sistent with t he general pu rpo se and intent of this
hapter and will not further degrad e the functio ns or values of t he associate critica
areas or otherwise b e materially de trimental to the public we {fa re or injurious tot e
prop rtv or improveme nts in the vicini ty of tl~ sub ject property:
~ The decision to grant the variance in cludes the b est available s cie nce and gives special
consideration to conse rvation or prot ection meas ures necessar v to preserve or enhance
anadromous fish habit at
Conditions Mav Be Required
E In granting a nv modificati on or variance th e Citv may prescribe
_
such conditions and safeguard s as are nece ssarv to secu re adequate p rot ection of critical areas
from adverse impacts. and to e nsure conformity with this C hapter.
F Time Limit A m9dificatipn or variance shall be valid for t he time period of the underlvina permit
approval.
~ Burden of Proof The burden of proof sha{I b e on the app licant to bring fort h evidence in supao
Qf the application and upon wh ich anv decisio n has to be made on the a ppli cation
- Page 16 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
14.08.080
A. When a critical area or its buffer has been altered in violation of this Chapter all ongoing
evelopment work shall stop and the critical area shall be restored The Citv shall have the
hority to issue a stop work order to cease all onaoina development work and order
r oration. rehabilitation. or replacement measures at the owner's or other responsible party's
xpense to compensate for violation of provisions of this Chaster.
Reauirement for Restoration Plan. All development work shall remain stopped until a restoratio
olan is prepared and approved by City Such a clan shall be prepared by a qualified professional
~~ing the best available science and shall describe how the actions proposed meet the minimum
--- - -
p~rformance standards. The administrator shall. at the violator's expense. seek expert advice in
---
eterminina the adeauacv of the plan Inadequate plans shall be returned to the applicant or
violator for revision and resubmittal
C. Minimum Performance Standards for Restoration
1. For alterations to critical aquifer recharge areas. frequently flooded areas wetlands an
habitat conservation areas. the following minimum performance standards shall be met
fir the restoration of a critical area. provided that if the violator_ can demonstrate that
~r~ater functional and habitat values can be obtained these standards may be modified
a The historic structural and functional values shall be restored including water
quality and habitat functions:
The historic soil types and configuration shall be replicated
c The critical area and buffers shall be replanted with native vegetation that
--
replicates the vegetation historically found on the site in species tvnes_ sues and
ensities. The historic functions and values should be replicated at the location
of the alterations and
Information demonstrating compliance with the requirements for Mitigation Plans
shall be submitted to the administrator
2. For alterations to flood and geological hazards the following minimum performanrP
andards shall be met for the restoration of a critical area provided that if the violator
can demonstrate that greater safety can be obtained these standards may bP m~difiPrf•
a The hazard shall be reduced to a level equal to or less than the pre
- --
develo~ment hazard;
b. Anv risk of personal iniurv resulting fro_ m t_he_ alteration shah nP r~liminatar~ nr
minimized; and
c The hazard area and buffers shall be replanted with native vegetation suffic_ ie_ nt
to minimize the hazard
Si te Inspections The administrator is authorized to make sit e inspections and take such action
as are necessary to enforce this_Cha pter. The administrator shall present proper credentials and
m ake a reasonable effort to contact a nv property owner befor e entering onto private property
E Pe nalties Anv person party firm c
-_ orporation or other lega
- - - ____-_ __ l entity rnnvirtPrl of violation anv of
~~ aw~~r v~
h e provisions of this Chapter shall b e guilty of a misdemea nor Each day or portion of a day
u rina which a violation of this Cha pter is committed or co ntinued shall constitute a separ
ense. Anv development carried ou t contrary to the provisio ns of this Chapter shall constitut a
pu blic nuisance and may be enjoined as provided by the statu tes of the state of Washington The
i tv may levy civil penalties against a nv person party firm corporation or other legal entity for
- Page 17 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
vi I~ n f h vi i n f hi h r. T i~ I
maximum rate of $250 00 dollars per day per violation.
14.08.090 €##e~ts-Cpneral Critical Area Protective Mea~~res
A Critical Area Markers and Signs
1. T n r ~ I r
with permanent survey stakes. using iron or concrete markers as established by local
survey standards
2 The boundar aft t the muter edge of the critical area or buffer shall be identified with
J temporary s_ ians prior to any site alteration. Such temporary sians shall be replace wit
nPrmanent sians prior to occupancy or use of the site.
3 These provisions may be modified b~ the administrator as necessar~t to ensure protection
of sensitive features or wildlife needs
B Financial Guarantee to Ensure Mitigation Maintenance and Monitoring
1 Whon mitigation required pursuant to a development proposal is not complete prior to
the Citv final aermit approval such as final slat approval or final building inspection. the
- -
~~ shall require the applicant to post a financial guarantee in a form and amount
deem~~ acceR~ble by the Citv If the development proposal is subiect to mitigation. the
~p~licant shall post a financial guarantee security in a form and amount deemed
acceptable by the City to ensure mitigation is fully functional
~__. Th n h l n f n r f' n 1° i
cost of the uncompleted actions or the estimated cost of restoring the functions and
values of the critical area that are at risk whichever is greater
3 The bond shall be in the form of a assignment of savings account in the Citv trust fund
4 Financial Guarantees shall remain in effect until the Citv determines in writing that the
standards bonded for have been met Bonds or other security shall be held by the Citv
fir a minimum of five (5) years to ensure that the required mitigation has been fully
i~n~emented and demonstrated to function and may be held for longer periods when
necessary.
~_ Depletion failure or collection of bond funds shall not discharge the obligation of an
applicant or violator to complete required mitigation maintenance monitoring or
restoration
- Page 18 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Public development proposals shall be relieved from having to comply with the bonding
reauirements of this Section if public funds have previously been committed for
-- - -
mitiaation. maintenance. monitorina. or restoration.
7 Anv failure to satisfy critical area reauirements established by law or condition inr•ludinn
ut not limited to. the failure to provide a monitoring report within thirty (30) days after it is
ue or comply with other provisions of an approved mitigation elan shall constitute a
efault. and the Citv may demand payment of any financial guarantees or require other
action authorized by the Citv code or any other law.
8 Anv funds recovered pursuant to this Section shall be used to complete the required
i a.
Critical Area Insaections Reasonable access to the site shall be provided to the Citv state, and
federal agency review staff for the purpose of inspections during any proposal review restoration
-- - --
meraencv action. or monitorina period.
14.08.100 Wetlands
A Designating Wetlands Wetlands are those areas designated in accordance with the Washinato.~
tate Wetland Identification and Delineation Manual (1997) that are inundated or saturated by
ace or around water at a frequency and duration sufficient to support and that under norm I
ircumstances do support. a prevalence of vegetation adapted for life in saturated soil conditi ns.
All areas within the Citv meeting the wetland designation criteria in the Identification and
Delineation Manual regardless of any formal identification are hereby designated critical areas
and are subaect to the provisions of this Chapter
Wetland Ratings Wetlands shall be rated according to the Washington State Department of
coloav wetland rating system found in the Washington State Wetland Rating System documents
or as revised by Ecoloav
1. Wetland Rating Categories
a. Cateaorv I Cateaorv I wetlands are those that
i. represent a unique or rare wetland type: or
i . are more sensitive to disturbance than most wetlands or
'ii are relatively undisturbed and contain ecological attribute that are
im i le to replace within a human lifetime: or
iv. provide a high level _of functions. These include P_stuarinP wetlanrlc
Natural Heritage wetlands. boas. mature and old-growth forested
wetland. wetlands in coastal lagoons and wetlands that score more than
70 points in the 2004 rating system.
b. Cateaorv II Cateaorv II wetlands are difficult though not impossible to rP~larP
nd provide high levels of some functions Cateaorv II wetlands in western
ashinoton include wetlands scoring between 51- 69 points in the 2004 rating
em•
Cateaorv III Cateaorv III wetlands are with a moderate level of functions (score
etween 30 - 50 points). Wetlands scoring between 30 - 50 points generally
have been disturbed in some ways and are often less diverse or more isolated
- Page 19 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
from other natural resources in the landscape than Cateaorv 11 wetlands
2 d C
le
Date of w ateaorv IV Catea_ orv IV wetl
ss than 30 points) and are ofte
etland rating Wetland rating ands ha
n heavv
categori ve the lowest l
ily disturbed.
es shall be ap evels of functions (scores
plied as the wetland exists
~
Ma on the da
naturally
activities
pping The ap te of adoption of the rating s
chances thereafter or as the
Wetland rating categories sha
proximate location and extent ystem
wetlan
ll not ch
of wetla by the focal go
d changes in a
ange due to ill
nds are show vernment. as the wetland
ccordance with permitte
egal modifications
n on the critical area maps
_
__
n
LrP RarPd by the C ommunity Development Depa rtment These maps are to be used as a guide
,
f9r the Citv aroiec t applicants and/or property o wners. and may be co ntinuously undated as new
crit ical areas are identified Thev are a refe rence and do not pr ovide a final critical area
designation
The exact locatio
n of a wetland's boundary sh
all be d
etermined thro
ugh the performance of a
fiel d investigation by a qualified professional etland scientist aaplv ina the Washington State
We
D Ac tlands Identific
tivities Allowed ation and Delineation Manual
in Wetlands The activities li as requi
sted bel red by RCW 36
ow are allowed 70A 175
in wetlands in addition to
tho se activities lis ted in~and consistent with the provisi ons establishe d in Allowed Activities and
do not require sub mission of a critical area repo rt. exce pt where such activities result in a loss to
t_he functions and values of a wetland or wetland buffer These activitie s include
1 Conse rvati on or pres ervation of soil wa ter vegetati on fish shellfish and other wildlife
that do
~
The h
es n
arves
ot entail ch
ting of wil ---
anging the structur
d crops in a manne
e or function
r that is no
s of the e
t injurious
xisting wetland
to natural reproduction of
_____
such c rops and provi ded the harvesting does no re quire tillin g of soil. planting of crops.
chemi cal a pplications or alteration of the wetland by chanaino existing topography. water
conditi
3 Drilling ons
for or water s
utilities und ources
er a wetland provid
ed that the
drilling do
es not interrupt the around
water conn ection to t he wetland or perc olation ofs urface w ater down through the soil
colum n S pecific stud ies by a hydrologis t are necess ary to det ermine whether the ground
water conn ection to t he wetland or perc olation of s urface w ater down through the soil
colum
4 Enhan
n is d
cem
isturbed
ent of a we
tland through the r
emoval of
no --
n-native i _
nvasive species. Weeding
shall b e re stricted to hand removal and _
weed mate rial shall be removed from the site
Bare a reas that rema in after weed remo val shall be re-vegeta ted with native shrubs and
r n rl n~ i m hn in m l r
with n ative herbs.
E Critical Area Report -Additional Requirements for Wetlands
1 Area Addressed in Critical Area Report The following areas shall be addressed in a
critical area report for wetlands
a The aroiect area of the proposed activity:
b All wetlands and recommended buffers within three hundred (3001 feet of the
aroiect area: and
~ All shoreline areas water features floodplains and other critical areas. and
related buffers within three hundred (300) feet of the aroiect area
~.___ Wetland analysis.
a A written assessment and accompanvina maps ofthe_ wetlands and buffers
within three hundred (3001 feet of the aroiect area including the following
- -
information at a minimum:
- Page 20 -
Critical Areas Code Update
Ordinance Number 833 -Appendix A
~ W nd de~~n~tion and reauired_k~~ffers:
ii Existing wetlan~acr~a9~~.
iii 1LVe~n_~ s~~- a r
~/~g~a iv faunal and h~~ic characier.,t-~~
w
~~ ~ oil and ~~'b trate condi i n
r hi v i -f r
i
vii ~ f l~ r r i I f i I
n r
fe r h rou ~~ +~ ...,h,,,,t tha vPar d f i
ti ~ vi fi r ~, - , -- -
I ll n i
A i i f r ~n I in v i ~ i n
i r
nnnSed land us? ~c_tivity.
~en~ra[~Pa t~ri~to ~he_c_ rr- n ar
i~_a ...J.JroccGC mpthc~dS t0
n w n f ~
r n n n
P i it n r
m n i n fi h i r i n l
~ minimum:
i in n r I n r
~-
ii Veaetat~ve and fa«nal condi ion~y
iii S.~a~--an r ~ n r
x~ ~ n h r i i
enhanced, cre2tPC or restored mitigation area.;
i• R I i n i i ~n r hed x~ i
yt__~ c,,,~ ~n~ clihStrate condition topographic _I~~vati~~
Ek~inq and aroao~ed adiac=~nt site c iti~_ ;
v~
vii. i { ff r i l i n n
i h { n ~i
r
reel nt the~.ff~-rte
y-~~ orowprrv ownershic~ and
ix A i I r I n
hundr~(3nn~ f~ t from ~h~..~~~ proic .
A .I :. w...n'. I r1 h
m t o v~ ~~ - i
n in m m l r. ' r h I i i i r
i l i i r ~
fr i i
n in l i n f i r I k
maintenance work fQr_.the r i ~-~ r
. .. __:~:..,,~ ~ro~ nrntPCtinrt arAaG shall be
~S~ p i ri by ~ er.
- Page 21 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
F Wetland Performance Stan ards -General Re~~ireroen~
1 Activities may only be permitted in a wetland or wetland buffer if the applicant can show
that the proposed activity will no~d~~_r~de the functions and functional performance of the
--
wetland and Qther critical areas.
2 Activities and uses shall be prohibited in wetlands and wetland buffers except as
provided for in this Chanter.
~_ Cateaorv l Wetlands Activities and uses shall be prohibited from Cateaorv i wetlands.
except as provided for in the public aaencv and utility exception. reasonable use
exception and variance sections of this Chapter.
4 Cateaorv II and Ill Wetlands
a ~~ ater dependent activities may be allowed where there are no practicable
~Itgrnatives that would have a less adverse impact on the wetland its buffers and
Qther critical areas.
b Where nonwater-dependent activities are proposed it shall be presumed that
~Iternative locations are availably, and activities and uses shall be prohibited
~.~~ss the applicant demonstrates that
i The basic proiect purpose cannot reasonably be accomplished and
~rcessfully avoid or result in less adverse impact on a wetland on
another site or sites in the oeneral reaion~ and
ii All alternative designs of the proiect as proposed. that would avoid or
result in less of an adverse impact on a wetland or its buffer such as a
- - ---
Le~urtion in the size scope configuration or densit~.of the proiect are
not feasible.
____Cate aorv IV Wetl ands Activi ties and uses that result in u navoidable and necessary
impa cts may be p
- ermit ted in C
__ ate
__ ao~ 1V wetl ands and a ssoc iated buffers in accordance
--
with an a -
pproved critic al a rea r epo rt and mitig ation plan. and only if the proposed activity
is th e on ly reaso nable a lterna tive that will a ccomplish the a pplicant's objectives. Full,
com pens ation for the a cre age a nd loss functio ns will be p rovid ed.
0 Wetland Buffers
n r i T i r
rely ively intact native vegetation community in the buffer zone adequate to
protect the wetland functions and values at the time of the proposed activity. if
t_he vegetation is inadequate then the buffer width shall be increased or the
k~uffer should be planted to maintain the standard width Required standard
vyetland buffers based on wetland Cateaorv and land use intensity are as
f to lows:
i. Cateaorv 1
Natural Heritage Wetlands 250 feet
gog~ 250 feet
High level of function for habitat (score of 29 -- 36 points) 300 fee
Moderate level of function for habitat (score of 20-28 points) 150 feet
High level of function for water quality improvemen
(24- 32 points) and low for habitat (.less than 20 points) 100 feet
Not meeting any other c~ar~teristi~~ 100 feet
- Page 22 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
Huh level of function f9r_h~~it~~~Q~~ ~~ - 36 no~. ints~ 300 feet
r Ivl n inf h f i
High lever! of function for water aualitv_imnrQvement and low
for habitat (score for water auality 24-32 pointy and habit
le~s~han 20 points) 100 feet
N in h i i ~
iii. Cateaorv Ill
r v l f n i n r i f i
m ~n v r' f
iv. Cat~aorv IV
r f r II hr i f n i h ~n f
~ ___~/le surement of V1~.~land Buffers AIL buffers shall be ~~ ,rP f 9~ the
I n n r i h i l h i f h I
r i r 'n r
T f w n r nh f
~~~oved wetland alterations shall be the same as the buffer reau~r~d ~~ti~
s~teaorv of the created, restoredTo_r enhanced wetlan Onlv ful ~ veaeta'k~
r 'll n i r I
waved areas will not be Gonsi eyed b rs
Inr W In i h ii r Ilr i
buffer widths in accordance with the recommendations ofof an ex~, erienced
qualified professional wetland scientist. and the best available science on a cgs -
bv-case basis when a laraer buffer is necessary to protect wetland functions and
----_
v 1 i- ' i i h' i i
on one or more of the following criteria
i A laraer buffer is needed to protect other critical ar as~
ii ff r n i
1° i i r r r -
measures will not arevent adverse impacts to the wetland or
iii. T r h i i In f' r
wi i
wetland functions and values implementation of a buffer planting plan
av sub ti Where a buffer pianti plan is pr _ sed it sha I include
I r
iaht (8) feet on center for trees and reni,i.rP monitorino an maint~ance
r 'n ff r v i "~
and will nae~ to be enhan~~d through additional _native plantinas_and~if
appropriate) removal of non-native plants when l1) non-natives or
invasive plant species provide the domin nt cover (2) yea tatin~_ _n iS
l~ k~na due to disturbance and wetland reso~ces could~e adv rseiv
affects o~r (_3) enhancement flan inc~s in the buffer could sianific~antly
im.~QV~b~ffer functions
~__.- W l n r h A i n i w o f
n r I rwi i r n i n v r'i r
h v i I i -- i r i r
wi h y r ~n f r h n 11
~r.4fes~ional wetland scientist demon~trat~ is hat.
- Page 23 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
i It will not reduce wetland functions or functional performance;
iii The wetland contains v ariatio ns in s ensitivity due to existing physical
characteristi
y~~Ptation a
and would
iv The total are cs or the ch
nd the wetla
not be adve
a contained aract
nd w
rsely
in the er of th
ould be
impact
buffer e buffer varies in slope soils. or
nefit from a wider buffer in places
ed by a narrower buffer in other
area after averaging is no less than
that which w
v The buffer ould be cont
width is not ained
reduc within t
ed to l he standard buffer and
ess than 75 percent (75%) of the
standard wid
Buffer Co sistencv
e th or thirty-fi
All mitigati ve (35
on sit ) feet.
es sha
ll have buffers consistent with the
_
duffer requirements
Buffer Maintenance
f of this Chatt
Except as er.
othe
rwise s
pecified or allowed in accordance
_
with this Chanter wetland buffers shall b e retained in an undisturbed or
enhanced condition Removal o f inva sive n on-native weeds is required for the
ration of the mitigation bond.
g Buffer Uses The following use
s ma
y be p
ermitted within a wetland buffer in
accordance with the review pro cedur es of t his Chanter provided they are not
prohibited by any ot her applicabl e law and th ey are conducted in a manner so as
to minimize impacts to the buffer and a djacen t wetland:
i Conservation and Restoration Activities Conservation or restoration
activities imed at protecting the soil water vegetation. or wildlife.
L Passive Recreation Passive recreation facilities designed and in
accordance with an approved critical area report
~ Performance Standards - Compensatory Mitigation Requirements. Compensatory mitigation for
alterations to wetlands shall achieve equivalent or greater biologic functions. Compensatory
mitigation plans shall be consistent with the state Department of Ecoloav Guidelines for
DevelQnina Freshwater Wetlands Mitigation Plans and Proposals. 1994. as revised.
1 Mitigation Shall Be Required in the Following Order of Preference:
a Avoiding the impact altogether by not taking a certain action or parts of an action.
b Minimizing impacts by limiting the decree or magnitude of the action and its
implementation by using appropriate technology. or by taking affirmative steps to
_ -- ---
avoid or reduce impacts
c Rectifying the impact by repairing rehabilitating or restoring the affected
environment
d Reducing or eliminating the impact over time by areservation and maintenance
- -
o~erations.
e~ Compensating for the impact by replacing enhancing or providing substitute
resources or environments
~_ Mitigation for Lost or Affected Functions Compensatory mitigation actions shall address
functions affected by the alteration to achieve functional equivalency or improvement and
shall provide similar wetland functions as those lost. except when:
a The lost wetland provides minimal functions as determined by asite-specific
function assessment and the proposed compensatory mitigation action(s) will
provide equal or greater functions or will provide functions shown to be limiting
within a watershed through a formal Washington state watershed assessment
plan or protocol: or
-Page24-
Ordinance Number 833 - Appendix A Critical Areas Code Update
b Out-of-kind replacement will best meet formally identified watershed goals. such
a~ replacement of historically diminished wetland types.
3 Preference of Mitiaation Actions Mitiaation actions that reauire compensation by
replacing., enhancing or substitution shall occur in the followina order of preference:
a Restoring wetlands on upland sites that were formerly wetlands
b Creating wetlands on disturbed upland sites such as those with vegetative cover
__
~onsistina primarily of non-native introduced species This should only be
at mated when there is a consistent source of hydrology and it can be shown
that the surface and subsurface hydrologic regime is conducive for the wetland
community that is being designed.
c_ Enhancing significantly degraded wetlands in combination with restoration or
creation Such enhancement should be part of a mitigation r~ackaae that
includes replacing the impacted area meeting appropriate ratio requirements
4 Tvpe and Location of Mitiaation. Unless it is demonstrated that a higher level of
ecolocical functioning would result from an alternate approach. compensatory mitigation
for ecological functions shall be either in-kind an on-site or in-kind and within the same
is ream reach sub basin or drift cell Mitiaation actions shall be conducted within the
Mme sub drainage basin and on the site as the alteration except when the all of the
f 11 wino apply:
a There are no reasonabl e on site or in su bdrainaae basin opportunities or on-site
and in su bdrainaae bas in opportunities d o not have a high likelihood ofi success
after a de termination of the natural capac ity of the site to mitigate for the impacts.
Consider ation should in clude anticipate d wetland mitigation replacement ratios
buffer co nditions and proposed widths hvdroaeomorphic classes of on-site
wetlands when restore d proposed floo d storage capacity. potential to mitigate
- --
riparian fi
b Off site m
sh and wildlife
itigation has a
impacts (such as
greater likelihoo
connectivity):
d of providing equal or improved wetlan
functions
c Off site lo -- -- -
than the impa
cations shall b ---- -
cted wetland and
e in the same su
b-drainage basin unless
itiaat i
i
ion Ti Established wa
habitat or othe
iustifv location o
Credits from a
mitigation an_d t
certification.
ming Mitiaation p tershed coals for water quality flood or conveyance
--
r wetland functions have been established and strongly
f mitigation at another site: or
state certified wetland mitigation bank are used as
he use of credits is consistent with the terms of the bank's
rojects shall be completed with an approved monitoring
clan p rior to activities that will disturb wetlands In all other cases mitigation shall be
compl eted im mediately followin a disturbance and prior to use or occupancy of the activity
Qr dev elopm Construction
ent of mitigation projects shall be timed to reduce impacts to
existin
The a g fishe
dminis _
ries. wildlife. and fl
trator may authoriz ora.
e cone-time temporary delay up to one-hundred-twenty
~~~~~ days in completing minor construction and landscaping when environmental
conditi ons c ould produce a high probability of failure or significant construction difficulties
The d elay sh all not create or pe rpetuate hazardous conditions or environmental damage
or deg radati on and the delay shall not be injurious to the health safety and genera{
welfar e of t he public The r equest for the temporary delay must include a written
iu~tific ation t hat documents the environmental constraints that preclude implementation
of the mitiga tion plan The jus tification must be verified and approved by the... City and
includ e a fin ancial guarantee
- Page 25 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~.__._______M.l.tioation Ratios
~,
Ac reage _Re glac eme nt Ra tio . The followi ng rati os shal l aaaly to creation or
__
re stor i on t hat i~ in- kind is on-site is the same cate or v. is tim ed prior to or
co ncurre nt w ith altera tion and has a high pr obabilit y of suc cess T hese ratios do
--
o
~
lv to
re
medi
-
al ac
tion
s resu
- -
lting fro
--
m una
uthoriz
ed altera
tions: areater
ra tios sh all a ~~lv in t hose cas es Th ese rat ios do not app ly to the use of credits
fLo m a s tate cert ified wetla nd mitigati on ban k Whe n credit s from a certified bank
_
_
a
r e use d. re plac eme nt rat ios should be co nsisten t with th e reauir ements of the
_
ba nk's certif icat ion The fir st num ber sp ecifies the ac reage o f replacement
w etland s an d the sec ond s pec ifies th e acrea oe of w etlands altered
Ca~~ I 6-to-1
Cate~.orv II 3-to-1
Category {~~ 2-to-1
Categgrv IV 1.5-to-1
b-- Increased Realacement Ratio The administrator mad increase the ratios under
t_Izfollowina circumstances
i Uncertainty exists as to the probable success of the_proposed restoration
gr creation+
ii A significant period of time will elapse betw_ een impact and replication of
wetland functions;
~ Proposed mitigation will result in a lower category wetland or reduced functions
- _ __
relative ~o the wetland eina i~~acted~ or
d The impact was an unauthorized impact
~ Impacts t o wetl and f unct ions may be mitigate d by enhan cement o f e xisting
~ianificant ly degr aded wetl ands 3 bu t mu st be use d in conjunct ion with r est oration
and/or cre ation App lica nts p ropo sing to enh ance wetland s must pro duce a
~r' i ~h i i
e de ra ded we tland and how this incr ease will adequately mitigate fo r t he loss
Qf wetland area and fu ncti on at the imp act site An enhance ment prop os al must
__
eiso sho
w wh
ether
exi
sting
we
tlan
d functi
ons will be -
reduced -- ---
b~ the
b enhancem
At a mini ent ac
mum e tions.
nhan
cem
ent a
crea
ge
shall be
double the a
creaoe re
aui
red for
creation o
r rest
oration --
The - -
ratio
s sh
all be ar
eater than d
ouble the
r
eauired
a reaae w here the en han cem ent prop osal wou ld result in minimal g ain in the
-
performan -
ce of
~retlan
d fu --
nctio --
ns a
nd/o
r result i
n the reduc .i
on of oth
er
wetland
c functions
Mitigation current
ratios l~bei
for e na p
nhan rovi~
cem d in
ent i the
n c wetland
ombinatio
n with other
forms_of
mi
tigation
~hal1 rana
,~, _ form
e 6~1.~. ~_1 ~2~d be li mite d to Clas s III and Clas s IV wetla nd s
r r - ivi i i' r r
Qf I an in yy~t lands and a ssociat ed bu ffers i s su bje ct to t he followi na~
1 Land that is loca ted wh olly w ithin a wet lan d or it s buffer m ay not be subd ivided
2~ _ ,_Land that is loca ted pa rtially withi n a wet land or its bu ffer may be su bdivided provided
that a n ac cessibl e and c ontig uous pOrt lOn of .eac h new lo t is:
a Located outside of~he wetland and its buffer and
~ eats the minimum lot size requirements of (locally adopted zoning dimensions)
- Page 26 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Access roads and utilities serving the aronosed subdivision may be permitted within the
wetland and associated buffers only if the Citv determines that no other feasib e
alternative exists and when consistent with this Chanter.
14.08.110 Critical Anuif~r _R_Prha_rge Areas
A Critical Aauifer Rech__aroe Areas Designation Critical aauifer recharge areas are those areas with
a critical recharging effect on aauifers used for potable water as defined by Section 365-1.90-030
(~~ WAC A critical aauifer recharge area has prevaifina geologic conditions associated with
infiltration rates that create a high potential for contamination of around water resources or
contribute significantly to the replenishment of around water
_~ Designation of Critical Aauifer Recharge Areas The entire Citv of Yelm and its Urban Growth
Area is identified as a hiohl~ susceptible Critical Aauifer Recharge Area
C Performance Standards -General Reauirements
1 Activities may only b~oermitted in a critical aauifer recharge area if the anglicant can
- Page 27 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
show that the proposed activity will not cause contaminants to enter the aauifer and that
the proposed activity will not adversely effect the recharaina of the aauifer.
~ The proposed activity must comply with the water source protection requirements and
recommendations of the U S Environmental Protection Aaencv Washington State
Department of Health and the Thurston County Environmental Health Division
3 A11 new development redevelopment and small parcel development shall meet the water
----
nuality requirements of the Stormwater Manual as adopted by the Citv of Yelm,
D Performance Standards -Specific Uses
1 Storage Tanks All storage tanks proposed to be located in a critical aauifer recharge
area must comply with Io_caI_ building code requirements and must conform to the
followin~~uirements~
a Underaroun_d Tanks All new underground storage facilities proposed for use in
the storage of hazardous substances or hazardous wastes shall be desioned and
constructed so as to:
i Prevent releases due to corrosion or structural failure for the operational
life of the tank;
ii Be protected against corrosion constructed of noncorrosive material.
steel clad with a noncorrosive material or designed to include a
secondary containment system to prevent the release or threatened
release of any stored substances: and
iii Use m terial in the construction or iinino of the tank that is compatible
with the substance to be stored
b Aboveground Tanks All new aboveground storage facilities proposed for use in
the storaoe of hazardous substa_ nces or hazardous waste shall be designed and
constructed so as to'
i Not allow the release of a hazardous substance to the around around
waters or surface waters:
ii Have a primary containment area_enclo_sina or underlvina the tank or past
thereof; and
iii. A secondary containment system either built into the tank structure or a
dike system built outside t e tank for all tanks
2. Vehicle Repair and Servicing
a Vehicle r epair and servicing must be conducted over impermeable Dads an
ithin a
w covered structure ca pable of withstanding normally expected weather
_
condition s Chemicals used i n the process of vehicle repair and servicing must
be stored in a manner that pro tects them from weather and provides containment
----
should le aks occur.
b. No dry w ells shall be allowed in cri tical aauifer recharge areas on sites used for
vehicle r epair and s_ervicina. Dr v wells existing on the site prior to facility
establish ment must be aban done d using techniques approved by the state
Departme nt of Ecoloav prior to com mencement of the proposed activity.
3 Use of Reclaime d Water for Surface Per colation or Direct Recharge Water reuse
proiects for recla imed water must be in a ccordance with the adopted water or sewer
c mprehensive c lans that have been appro ved v the state departments of Ecoloav and
Health.
a~ Use of r eclaimed water for surfa ce percolation must meet the around water
recharge criteria given in Chap ter 9 0.46.080(1) and Chapter 90.46.010(10) RCW.
- Page 28 -
Ordinance Number 833 -Appendix A
Critical Areas Code Update
T_he state Department of Ecoloav may establish additional discharge limits in
accordance with Chanter 90 46 080(2) RCW.
b Direct iniectio-~must be in accordance with the standards develoaed by authority
of Chanter 90 46 042 RCW
14.08.120 FrPn~~pnt{v Flooded Areas
A Designation of Freauent ly Flooded Are as Freauently flooded areas shall include areas Identified
__ --
on the Flood Insurance -
Map(s) a
nd a
reas maaaed~v Thurston County as high around water
flood hazard areas The Flood Ins uran ce Maas and high around water mans are hereby a gate
reference declared c art of this Cha pter and are available for public review at the Citv.
B Flood Elevation Data When ba se fl ood elevation data is not available (A and V zones) the
administrator shall obtai n review and reasonably utilize anv base flood elevation an oo way
data available from fed er I state or other official source in order to administer t is ap er
c' Maintenance of Record s Whe re b ase flood elevation data is provided through the Flood
Insurance Study or reo uired thro ugh t his Chanter t e administrator shall obtain and record the
f~nnrl PiPvation certificat es of all n ew o r substantially improved structures and whet er or no e
ctrl ir•ti re contains a ba sement The administrator shall also maintain for aublic inspection all
r~cord~ of floodalain haz
P rf r ards cert
- n r ificat
R es of flood aroofina and flood elevation data
~ m h f l i II h
all freauently flooded ar eas exce pt as otherwise provide for in this Chanter
1 Aaaroval of work in a freauently flooded area Prior to anv clearing grading dumping
drilling dredging filling or the construction or reconstruction of anv structure-_the City
shall have aaaroved through the underlying permit or through approval of a critical areas
resort that the standards for development within a freauently flooded area have been
2 No activity within a freauently flooded area shalt increase the base flood elevation
F Performance Standards -General Reauirements in FEMA designated 100 vear_floodalain.
1 Structures Shall Be Located Outside the Floodplain. All structures. utilities. and other
imarovements shall be located on the buildable portion of the site out of the fl~odplain
unless there is no buildable site area out of the floodalain For sites with no buildable
area out of the floodalain structures utilities nd other imarovements shall be placed on
the highest land on the site; oriented parallel toflow rather than perpendicular. and sited
---
as far from the watercourse and other critical areas as possible If the administrator
etects anv evidence of active hvporheic exchange on a site. the development shall be
bcated to minimize disruption of such exchange.
~ Methods That Minimize Flood Damage All new construction and substanti
improvements shall be constructed using flood resistant materials and using methods
and practices that minimize flood damage.
3 Utility Protection Electrical heating ventilation. plumbing, air-conditi Wing equipment:
n h rvi f il~ ~ II i n r i I
to prevent water from entering or accumulating within the components during conditions
of flooding.
4 Elevation Certificate Following Construction Following construction of a structure within
t_fZefloodplain where the base flood elevation is provided the aaalicant shall obtain an
elp~~a+ion certificate that records the elevation of the lowest floor The elevation certificate
II I rv r r n in r li n in f ~n n
shall be submitted to the Citv for recording.
An h r~n
- Page 29 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Anchoring Requirement All new construction and substantial improvements
within the floodplain shall be anchored to prevent flotation. collapse. or {ateral
movement of the structure
_~ Manufactured Homes All manufactured homes placed within the floodolain must
~e anchored to prevent flotation collapse or lateral movement and shall be
installed using methods and practices that inimize flood damage Anchoring
methods may include but are n_ot limited to use of over-the-ton or frame ties to
around anchors
6 Fil( and Grading Fill and ~ a ino with the flo dplain shall only occur after a
determination that the fill or grading will not block side channels inhibit channel
rr~~ora ion increase the base flood elevation. or be within a channel migration zone.
F Performance Standards Specific Uses in the FEMA Designated 100 vear floodolain Specific
~.ses shall adhere to the following relevant standards. in addition to the general standards.
1 Divisions of Land.
a All new divisions of land, including subdivisions. short subdivisions._bo~ndarv line
adiustments binding site plans. and master planned communities shall not
create anv building lot for commercial or residential purposes with anv portion
_ i in the flood.~lain
~ Floodplain areas shall be dedicated as open space.
c No infras tructure require d for the su bdivision with the exception of utility transpo
lines ide ntified b y the a ppropriate utility capital facilities clan shall be located
-
vyithin th
~ Subdivis
e floodpl
ions and
ain
short -
subdivisions
shall be designed to minimize or eliminate
food da mage an d impac ts to floodp lain functions and values Public utilities an
facilities that are install ed as part of such subdivisions such as sewer pas
_
I rica
l and w
ater svs
tems shall -_ __
be located and constructed to also minimize
flood da mage a nd imp acts to floo dplain functions and values Subdivisions
-
should
be desig
ned usi - _-
ng natural _ __
features of the landscape and should not
incorr~or
e Subdivis ate flood
ions and protecti
short on changes
subdivisions .
shall have adequate natural surface water
~~inaae
f Subdivis to redu
ions and ce expo
short s sure to floo
ubdivisions d hazards: and
shall show the 100-vear floodplain floodwav.
and cha nnel mig ration z one on the preliminary and final plat and short plat maps
and des ignate su ch area s as "no bu ild "when applicable
2. Utilities
~ Infiltration of Flood Waters All new and replacement water supply svstems shall
~e ~esi~ned to minimize or eliminate infiltration of flood waters into the svstems.
b Sanitary Sewage Systems New and replacement sanitary sewage svstems
shall be designed to minimize or eliminate infiltration of flood waters into the
svstems and discharges from the svstems into flood waters.
On-Site Waste Disposal Svstems On-site waste disposal svstems shall be
located to_ avoid impairment to them or contamination from them during flooding
New on-site sewage disposal svstems are prohibited within the floodplain.
~ Residential Construction on lots created Rrior to 1999 .
~ Must be Above Base Flood Elevation New construction and substantial
improvement of anv residential structure sha11 have the lowest floor including
~a~ment elevated one f 1) foot or more above the base flood elevation
- Page 30 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Areas Below the Lowest Floor Fully enclosed areas below the lowest floor that
are subiect to floodina shall only be allowed when desioned to automatica{Iv
~~lize hydrostatic flood forces on exterior walls by albwina for the entry and
Pxit of floodwaters Desians for meetina this reauirement must either be certi led
a reaistered professional enaineer or architect or must meet or exceed the
followina minimum criteria:
i A minimum of two (2) openinos havino a total net area of not less than
One (1) sauare inch for everv sauare foot of enclosed area subiect to
floodina shalt be provided:
ii The bottom of all openings shall be no hioher than one (1) foot above
~d~ ~_n~
iii Openings may be eauipped with screens louvers or other coverinas or
devices arovided that then permit the automatic entry and exit of
floodwaters.
c Manufactured Homes Must be Elevated All manufactured homes to be placed
Qr substantially improved shall be elevated on a permanent foundation such that
tr,A Inwest floor of the manufactured home is elevated one (1) foot or more above
t_he base flood elevation and be securely anchored to an adeouately anchored
f ,n ation system to resist flotation collapse and lateral movement.
4 Nonresidential Construction on lots created prior to 1999.
a Above Base Flood Elevation New construction and substantial improvement of
any-commercial industrial or other nonresidential structure shall either have the
lowest floor including basement elevated one foot (1) or more above the base
fIQQd elevation or together with attendant utility and sanitary facilities shall
i _ Be flood roofed so that below one (11 foot or more above the base flood
{evel the struckire is watertight with walls substantially impermeable to
__
the passage of water:
ii Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buovancv~ and
u=
iii Be certified by a reaistered professional enaineer or architect that the
~e~~n and methods of construction are in accordance with accepted
andards of practice for meetina provisions of this Subsection based on
heir development and/or review of the structural design specifications
--_
a_n~~I .nom
b Areas Below the Lowest Floor Fully enclos d areas below the lowest floor that
are not floodproofed shall be designed to automatically eaualize hydrostatic flood
forces on exterior walls by allowino for the entry and exit of floodwaters Desians
for meetina this reauirement must either be certified by a reaistered professional
enaineer or architect or must meet or exceed the followina minimum criteria:
i A minimum of two (2) openings havino_ a total net area of not less than
one (1) sauare inch for everv sauare foot of enclosed area subiect to
floodina shall be provided:
ii The bottom of all openings shall b_ a no hioher than one (1) foot above
grade} and
iii Openinasmav be eauipped with screens louvers or other coverinas or
y vices provided that they permit the automatic entry and exit of
floodwaters.
~ Performance Standards General requirements in Hiah Ground Water Hazard Areas
- Page 31 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
1 _ __ Flood elevations The base flood elevation~hiah around water flood hazard areas
~~rrP~onds to the elevation of the outer edoe of the hioh around water loo azar
area.
~ Delineation of the ase flood elevation Applicants shall submi to the approval authority
hvdrolooic and hvdroaeoloai~studies as necessary to delineate the hioh group wa er
flood hazard area and the base flood elevation
~ No development shall locate within fifty feet measured on a horizontal plane m t
r of the hip around water hazard area r ex en ina o a group a ev i
feet above the base flood elevation whichever is less
4 The bottom of any infilt ation facility for stormwater discharge shall be located at feast 6
fPpt annva the base flood elevation.
N Uses and Activities Prohibited From Feeauently Flooded Areas
1 Critical Facilities Critical facili ies are prohibited from freauently flooded areas t4_orev t~1t
dam ~e to such facilities to avoid costs that will be incurred by the public. an to
maintain functionality of such facilities during flood events. If such a p o i i ion is
nreasonable an allowance for critical facilities in freauently flooded areas with the
following specific conditions
~ Construction of new critical facilities shall be permissible within freauently floode~c
areas if no feasible alternative site is available
b Critical facilities constructed within freauently flooded areas shall have the lowest
floor elevated three l3) feet or more above the level of the base flood elevation
~0-vear flood).
c Floodproofina and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into flood waters.
d Access routes elevated to or above the level of the base flood elevation shall
provided to all critical facilities to the extent possible.
W I f r P I r. W r Il h l r
prohibited from being within the floodwav.
3 On Site Sewage Disposal Systems On site sewage disposal systems are prohibited
from the floodwav the channel migration zone and the ten-vear floodalain elevation
14.08.130 reps
inn}rr+r} -vr~~cri~~+ nr~rl root oct'+}~~
A Designation of Geologically Hazardous Areas Geologically hazardous areas~nclude areas
~usc ~ e to erosion slidino earthouake or other aeofooical events Thev pose a t rep o e
health and safety of citizens when incompatible development is sited in areas of sionificant
hazard Such incompatible development may not only glace itself at risk. but also may increase
the hazard to surrounding development and use
B esianation of Specific Hazard Areas
1. r i r Ar r~ h r r r I h i if'
~. S Department of Agriculture's Natural Resources Conservation Service as having a
"moderate to severe " "severe " or "very severe" rill and inter-rill erosion azar rosion
ha and areas are also those areas impacted by shore land and/or stream bank erosion
and those areas within a river's channel migration zone
li H r r r i
-Page 32 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
lands lides based on a com binati on of a eolo aic topo gra phic and hvd roloaic factors
Thev inclu de ar eas su scepti ble beca use of anv com bin ation of bedro ck soil slope
(grad ient). slope aspect . stru cture . hv drolo av. or other fac tors Exa mple of these may
elu de. bu t are n ot limit ed to t he fo llow ing:
a. Areas of historic failures
b. Areas with all three of the following characteristics
i. Slopes steeper than fifteen percent (15%):
ii. Hillsid es in tersec ting aeoloaic contacts with a relatively permeabl
sedim ent o verlvin a a relatively im permeable sediment or bedrock and
iii. Spring s or around water seepage.
c Areas that have shown movement during the Holocene epoch (from ten
thousand years ago to the areae_ nt) or that are underlain or covered by mass
- - - -
wastaoe debris of that epoch:
d. Sloaes that are parallel or subaarallel to planes of weakness (such as heddinn
~I~nes. joint systems. and fault planes) in subsurface materials:
Sloaes having gradients steeper than eighty aercent l80%) subject to rock fall
Purina seismic shaking:
f Areas potentially unstable because of rapid stream incision stream bank erosion
and undercutting by wave action:
a. Areas that show evidence of or are at risk from snow avalanches
h. Areas located in a canyon or on an active alluvial fan. presently or notentialw
iect to inundation by debris flows or catastrophic floodina~ and
i. Anv area with a slope of forty percent l40%) or steeper and with a vertical relief
_--
of ten (10) or more feet except areas composed of consolidated rock- A slnne i~
lineated by establishing its toe and top and is measured by averaging the
inclination over at least ten (10) feet of vertical relief
Seismic Hazard Areas Seismic hazard areas are areas ~~,hiPr•t to severe risk of damage
s a result of earthauake induced around shaking. slope failure settlement soil
liquefaction. lateral spreading. or surface faulting. One indicator ~f nntPntial fnr fi iti irA
arthauake damage is a record of earthauake damage in the past Ground shaking i the
primary cause of earthauake_ damage in Washington The strength of around shaking is
primarily affected bv:
The magnitude of an earthauake;
The distance from the source of an earthauake;
The type of thickness of aeoloaic materials at the surface and
d. The type of subsurface aeoloaic structure
G Mapping of Geologically Hazardous Areas
1 The approximate location and extent of aeoloaically hazardous areas are shown on the
opted critical area maps.
2. These maps are to be used as a guide for the City project annli~ants and/or nrnnprt_v
wners and may be continuously updated as new critical areas are identified Thev are a
r ference and do not provide a final critical area dPSianation
p. Performance Standards -General Requirements
1 Iterations of aeoloaically hazardous areas or associated buffers may only occur for
- Page 33 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
ivit~~ that:
a. Will no t increas e the threat o f the aeoloo ical hazard to adiacent properties
evond are-dev elopmen t condit ions:
b. Will not adverse ly impac t other critica l areas:
Are desi aned so that the hazard t o the project is eliminate d or mitigated to a level
aual to or less than are-developm ent conditions: and
d Are certi fied as safe as desianed and under anticipated c onditions by a aualified
noineer or oeoloaist. licensed in t he state of Washinaton.
Critical Facilities Prohibited Critical fa cilities shall not be sit ed within aeoloaically
hazardous areas unless there is no other practical alternative
Buffer Reauirem ent. A buffer shall be e stablished from all edo es of landslide hazard
areas The size of the buffer shall be d etermined by the admin istrator to eliminate or
minimize the risk of property damage dea th or iniurv resulting fro m landslides caused in
whole or part by the development. based upon review of and con currence with a critical
rep report prepa red by a aualified profess ional
Minimum Buffer The minimum bu ffer shall be eaual to the height of the slope
Buffer R eduction The buffer m ay be reduced to a min imum of ten (10) fee
when a aualified professional de monstrates to the adm inistrator's satisfactio
that the reduction will adequately protect the proposed development adiacent
evelopm ents. and uses and the s ubject critical area.
c Increase d Buffer The buffer may be increased wh ere the administrator
etermin es a larger buffer is nec essary to prevent risk o f damage to propose
and exist ing development:
4 Alterations Alte rations of an erosion or landslide hazard area a nd/or buffer ma
Y only
ccur for activitie s for which a hazards ana lysis is submitted and ce :
rtifies that
a. The deve lopment will not increas e surface water dischar ge or sedimentation to
iacent properties beyond pre-de velopment conditions:
b. The deve lopment will not decreas e slope stability on adiac ent properties- and
Such alterations will not adversely impact other critical areas
Vegetation Retention. Unless otherwise provided or as part of an approved alteration
removal of vegetation from an erosion or landslide hazard area or related buffer shall be
prQhi i
6 Seasonal Restriction Clearing shall be allowed only from Mav 1 to October 1 of each
year provided that the Citv may extend or shorten the dry season on a case-bv-case
psis depending on actual weather conditions. except that timber harvest not including
brush clearing or stump removal may be allowed pursuant to an approved forest practice
permit issued by the Citv or the Washinaton State Department of Natural Resources
7 Utility Lines and Pipes Utility lines and pipes shall be permitted in erosion and landslide
azard areas only when the applicant demonstrates that no other practical alternative is
available The line or pipe shall be located above around and properly anchored and~nr
esianed so that it will continue to function in the event of an underlying slide
tormwater conveyance shall be allowed only through a high-density polvethv~enP pipe
with fuse-welded joints. or similar product that is technically equal or sunerior~
$ Point Discharges Point discharoes from surface water facilities and roof drains onto nr
_--- ..
~~stream from an erosion or landslide hazard area shall be prohibited
9 Division of Land The division of land in landslide hazard areas and associated buffers is
-Page34-
Ordinance Number 833 - Appendix A Critical Areas Code Update
sub~ct to the following:
n i I i ~n li
i' n h i t i " hi li i
m i h r I' i i I
area outside o_ f and will not affect the landslide hazard o~ i~~f~~r
iii i r i in i r
i ffr ifh i in h hrf i n i i
r i n. -i i I i r' f'! 1
r hi i ' hin r i n n l n li h r r l ffr .
14.08.140 Fish and Wildlife Habitat Gonsenration Ar~a~
- Page 35 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
A Designation of Fish And Wildlife Habitat Conservation Areas
1 Fish and wildlife habitat conservation areas include
~ Areas With Which State or Federally Designated Endangered Threatened and
sensitive Saecies Have a Primary Association.
i Federally designated endangered and threatened species are those fish
---
and wildlife species identified by the U S Fish and Wildlife Service anti
the National Marine Fisheries Service that are in danger of extinction or
threatened to become endangered
ii State designated endangered threatened and sensitiv species are
ose fish and wildlife species native to the state of Washington identified
v the Washington Department of Fish and Wildlife. that are in dancer of
extinction. threatened to become endangered vulnerable or declining
and are likely to become endangered or threatened in a significant
- Page 36 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~Qrtion of their r ange within the state w ithou t cooperativ _ management or
remov al of threa ts.
State Prioritv H abitats and Areas Associated W ith State Prioritv Species Priority
habitats and species are considered to be pri orities for conservation and
management. Prioritv s pecies reauire_arotectiv e m easures for their Perpetuation
due to their po pulation s tatus. sensitivity to hab itat alteration. and/or recreational
commercial. o r tribal im portance Prioritv ha bitat s are those habitat types of
elements with unique or significant value to a d iver se assemblage of species- A
Prioritv habitat may co nsist of a unique ve geta tion type or dominant clan
~~cles. a des cribed suc cessional stage. or a s peci fic structural element Prioritv
habitats and sp ecies are identified by the state Dep artment of Fish and Wildlife
c. Naturallv Occu rring Pon ds Under Twenty Acre s. Naturallv occurring ponds are
hose Ponds u nder twe nty (20) acres and th eir s ubmerged aquatic beds tha
provide fish or wildlife ha bitat. including those a rtific ial ponds intentionally created
from drv areas in order to_mtiaate impacts to pond s. Naturally nccurrinn nnnric
o not include ponds de liberately designed an d cr eated from drv sites such as
canals. detenti on facilitie s. wastewater_treatmen t fa cilities farm ponds temporary
construction p onds: and landscape amenities. unle ss such artificial bonds were
intentionally cr eated for mitigation.
d Waters of the State W aters of the state inclu de l akes rivers ponds streams
inland waters. undergrou nd waters. salt waters. an d all other surface waters and
watercourses within the j urisdiction of the state of W ashington
~ Areas of Rare Plant Spe cies and Hiah Quality Eco systems Areas of rare plan
species and h igh qualit y ecosystems are ide ntifi ed by the Washington State
epartment of Natural R esources through the N atur al Heritage Program
f Land Useful or Essential for Preserving Connec tion s between Habitat Blocks and
Open Spaces.
2 All areas within the Cit v meeting one or more of these crit eria regardless of anv formal
entification. are hereb y designa ted critical areas and a re s ubject to the provisions of this
Chapter and shall be m anaged c onsistent with the best ava ilable s~ienre
Mapping. The approxi mate loca tion and extent of habi tat c onservation areas are shown
n the critical area map s adopted by the Citv.
Critical Area Resort -Additional Requirements for Habitat Conservation Areas
1 Areas Addressed in Critical Area Report The following areas sh II be addressed in a
critical area report for habitat conservation areas
The Project area of the proposed activity:
b. All habitat conservation areas and recommended buffers within three hundred
(3001 feet of the Project area: and
c All shoreline areas floodplains other critical areas and related buffers within
ree hundred (300) feet of the Project area.
2 Habitat Assessment A habitat assessment is an investigation of the Project area to
valuate the potential presence or absence of designated critical fish or wildlife species
r habitat A critical area report fora habitat conservation area shall contain an
assessment of h itats includin following site- and proposal related information at a
minimum:
Detailed description of vegetation on and adjacent to the project area and its
associated buffer;
Identification of anv species of local importance Prioritv species or endangered
- Page 37 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
n _
_ i .I f.
r
n ri
ral p ermit o r a-~ o~ls
ii n" i r 'i ii I
i
it i i
i
f i i
i f
eaua tic e cosvst --„ a~ ~h~~ rea d ist ~rb~d
I
n r
j I V 1
I I I ' i f l
~__ tabli~hment of buffer onP~~
r rv i f r' i r r
wne woo
i i
acceS.,~'
n f n ii
o f r~ f i
activities. and n
- Page 38 -
Ordinance Number 833 -Appendix A
Critical Areas Code Update
f Ren-,irement of a performance bond when necessary to ensure ~omaletion and
success of proposed mitiaa ion.
4 Mitiaation_~~.~uivalent or Greater ioloaical Functions'+M~ti~~i9ry~ ~a r~ hvd~oloa ~
h„h;+ ~ n~nac-,/a±ion areas shah acnle~eauiva~~r ~~ ~~ u~ ~a«~ ~~~,--~~~
f ~n ti^ns and shall include mitiaatron for adver~ r ---
level nt pro~~~l site Mitigation shall address each funct{ „^+~n h~~~
alteration t~ a hieve functional eauivalen r v - n r~
.,...~ +ho Rcct AuailahlP Science Anv apprQyal of alterations or impacts to a
5 Approvals Q~ ~u ~, ~~ u~,.~
~~ ~.. ~ .,~L~hlo cr~ionr~a
nservation area h II be supp_o~a_pv use uCa~ a~aiia~~~~ °~~-~~
~ Buffers
rc~n ~
a Establ-shment of Buffers The administra ors a
ff r f r ~ I n r n r
h i n ff I n i r
of native vegetation or arAa~ i~Pntified for restora i established to protect t e
n ,~ ..1 L. ~r~r ..,~r1+hC
in i f n I f
Yhal reflect the sensitivity of the habitat the type an inten i L~ 1L
a.~tiyity ~p~nseci to be conducted nearby and shall be co~5lstent witn ~-~~
m r m n I ~
it lif i rv i r r I r
r i h i r n
tracts.
nl ri in n i i mr it
na specific periods of th~vea_r seasonal restrictions may^a~ Ip~c=-_ ry t ~
~.uff re~s may be required and a tCzl~ Ides may ~_ r~«~< <C~~~~~« ~u,,,,u ~..~
s~cified~eason.
c Na itat Buffer Aver_aoi a The administra r maw la low the recQmmer~ed
ff i r I n rII
available_sc~nce and the_-m naa~m_~recommendations issu
Washington epartment of Flsh and WIIdIIf 2n v If.
i It will not reduce~t_r~am or habitat functions
ii It will not adversely affect salmonid habitat:
ICI It will provide additional natural resource protP~tion such as hu_ er
_ne hancement:
iv. Th I r n i h r v 'n i l
that ~a~hich woul be contained within the standard bu er: a_n~
v. Th ff r r i i n r r h n -f'
l?~%) in any I ion.
7. DIVIS-ons of Land. The sub. ivision and short subdivision of landl in fish and wildlife
i n i r n i r i
_~ Land that is located wholly within a abita~ conservation area Qr its buffer may
no be subdivided.
b Land that is located partially within a habita~~~nservation area or its buffer may
be divided pro_+~i~Pr1 that the dev lopable portion of each new lot end +ts a~~~s~__s
~ u .d ..,.,...,+~ +ha
j i h h i n I n r r ~
minimum lot site reauirement~
A r n iii i ruin h r
i n i r n n i
n h f i t I rn iv xi n w n i hi
-Page 39 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Performance Stanr! ra_d_s - Saeci is Habitats
1 Endanaered Threatened and Sensitive Species
~ No development shall be al{owed within a habitat conservation area or buffer with
which state or federally endangered threatened or sensitive species aye a
primary association except that which is provided for by a management plan
established by the Washinaton Department of Fish and Wildlife or--applicable
state or federal aaencv
b Whenever activities are proposed adiacent to a habitat conservation area with
which state or federally endanaered th eatened or sensitive species have a
~rimarv association such area shall be protected _throuah the application of
nrntartinn measures in accordance with a critical area report prepare v a
aualified professional and approved by the Citv Approval for alteration of land
adie^~nt to the habitat conservation area or its buffer shall not occur prior to
c_onsu tation with the Washinaton Department of Fish and Wildlife for animal
speciesF the Washinaton State Department of Natural Resources for plan
snPcies and other appropriate federal or state agencies.
c Bald eagle habitat shall be protected pursuant to the Washinaton State Bald
Eagle Protection Rules (WAC 232 12 292) Whenever activities are proposed
adiacent to a verified nest territory or communal roost a habitat manaaement
plan shall be developed by a aualified professional Activities are adiacent to
bald eaale sites when they are within eight hundred (800) feet or within one hal
mile (2 640 feet) and in a shoreline foraaino area. The City shall verify the
- - -
~cation of eaale manaaement areas for each proposed activity. Approval of the
ectivity shall not occur prior to approval of the habitat manaaement plan_bv the
Washinaton Department of Fish and Wildlife
~ Riparian Habitat Areas Unless otherwise allowed in this Chapter all structures and
activities shall be located outside of the riparian habitat area
a Establishment of Riaarian Habitat Areas Riaarian habitat areas shall be
established for habitats that include aquatic and terrestrial ecosystems that
mutually benefit each other and that are located adiacent to rivers. perennial or
- --- _ _ --
intermittent streams seeps and springs.
b_ A Riparian Habitat Area Width of 150 feet is established along Yelm Creek and
Thompson Creek both Tvpe 5 intermittent streams with low mass wasting
_ __
n.~i~
c Increased Riparian Habitat Area Widths The recommended riparian habitat area
-- __
widths shall be increased as follows
i When the a ministrator determines that the recommended width is
insufficient to prevent habitat degradation and to protect the structure
and functions of the habitat area
i~ When the frequently flooded area exceeds the recommended riparian
habitat area width the riparian habitat area shall extend to the outer
_ --
edge of the frequently flooded area:
iii When the habitat area is within an erosion or landslide hazard area or
buffer th_e riparian habitat area width shall be the recommended
distance or the erosion or landslide hazard area or buffer whichever is
r~~eater.
~_ Riparian Habitat Area Width Averaging The administrator may allow the
recommended riparian habitat area width to be reduced in accordance with
critic I area report only if:
- Page 40 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
i The width reduction will not reduce stream or habitat functions. including
those of nonfish habitat:
The width reduction will not degrade the habitat including habitat for
anadromous fish
iii The proposal will provide additional habitat grotection~
iv The total area contained in the riparian habitat area of each stream on
the development proposal site ~S not decreased:
v_ The recommended rigarian habitat area width is not reduced by more
than twenty-five percent (25%) in any one location:
vi The width reduction will not be located within another critical area or
associaTed buffer and
vii The reduced rigarian habitat area width is suggorted by the best
~~ailable science.
e Riqarian Habitat Mitigation Mitigation of adverse impacts to rigarian habitat
areas shall result in equivalent functions and values on a per function basis be
I9CatPd as near the alteration as feasible and be located in the same sub-
drainaae basin as the habitat impacted.
f Alternative Mitigation for Riqarian Habitat Areas The performance standards set
forth in this Subsection may be modified at the City's discretion if the applicant
demonstrates that oreater habitat functions on a per function basis. can be
obtained in the affected sub drainage basin as a result of aitemative rte' i ion
measures.
~_ ___ Aquatic Habitat The following specific activities may be permitted within a rigarian habitat
ra ea, .gond lake water of the state and marine habitat or associated buffer.
a Clearing and Grading Whe n clearing an d grading is permitted as part of an
authorized activity or as other wise allowed in these st andards the following shall
i Grading is allowed only durino the dry s eason. which is typically
regarded as beainnin o on Mav 1 a nd ending on October 1 of each year.
arovided that the Citv may extend or shorten the dry season on a case-
by case basis determ ined on actu al weather conditions
ii Filling or modification of a wetland or wetland buffer is permitted only if it
is conducted as part of an approve d wetland a lteration.
iii The soil duff laver shall remain undisturbe d to the maximum extent
n~~sible Where fe asible any s oil disturbe d shall be redistributed to
other areas of the pro ject area
v The moisture-holding
i s~pacity of t he topsoil l aver shall be maintained by
_
minimizing soil comp action or re establishing natural soil structure and
infiltrative capacity o n all areas of the gro iect area not covered by
im~.ervious surfaces.
v Erosion and sedime nt control tha t meets or exceeds the standards set
forth in the (locally a
---- dopted storm water ma nagement reaulationsl shall
be arovided.
Shoreline Erosion Control
b Measures New rea lacement or substantially
.
improved shoreline erosion control meas ures may be permitted in accordance
with an approved critical area report that d emonstrate s the followino~
i Natural shoreline processes will be maintained The groiect will not
- Page 41 -
Ordinance Number 833 -Appendix A
Critical Areas Code Update
r I in 'n r h i I r r
ra a within one-a ~a rtr~r ~ ~/4 ile of th nrnia~t arc
T r li r r i t r i
habitat con. servation are as or assn~iatec~ ~~~A+~~n,~~
iii. i i
' r ! h
rv f
n ri I i r' i f
hr I r
i T r li r nrl r
a_Iteration of int~rtir~al mig ratio n corridors
k il' n. r n ' i r
r I i i i '
hi i
i
v h i n in rin rm "n h"
an a oor ved critical area r nnrt
R r it ri n i h -- f
rr~no
r road bridgi_n~~._Iess than or
Waa w
l t0 thirty (~nl fAa
~n t wide maw hcs ncrmi++ai-1
,,,,,
r i h
r _
r ~ r h II
standard
i• T r i r f i I r r i i
environmc
i'. Th r 'n ini i i rr i v n
~ r v~l~
iii. in ri r' i r h i II r II
-_!" ~.
i Tr h II I n
' h r f r' r
ex--~.~f~
mi viewino ola o rms and cro~~inn~~
v. r .n r n r h II n r
i the water body as nnc c~ 1e ~ r
vi. i" i r r n i f
aadrove criti~l area r nn rt
vii. i r i r "n h i
Fi h it ff n
inl F"h i i i r i
ream rossinas ?nnn"
vii. Tr ii n i vi in i f rm !
f ~
impervious mater., ials
ili F ili i N i i in n f i i i
w r
with th r 'n
r n ih
e followin
t
n ~
r v rii r i I
n ~
andar
i Fi h and wildlife habitat ar as shall ha avr,;rlo
t
th
pOSSI { m~vim> >m ov+~~ ~
0
ii. n II i h !1
hyaolrh~ic zone of the wat li h
er o "n n
dv and hannel mi
ti
f i I gra
on nna ~~ h r
_.~
iii. Th il~ ' h l r n l r n'
r
n rlin f h h nn I ' n r r r I
centerline whenever boring ~nrla r +he nhannAi ~~ r;o± fe S;h~A
- Page 42 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
iv Crossings shall be contained within the footarint of an existina road or
~til~ y crossing where aossible:
v The utility route shall avoid aarallelina the stream or following adown-
valley course near the channel: and
yi The utility installat~n_ shall not increase or decrease the natural rate of
shore migration or channel migration.
f _ Public Flood Protection Measures New aublic flood arotection measures and
e_x a~nsion of existina ones ma be permitted subject to the City's review and
a{~{~roval of a critical area resort and the ac2aroval of a Federal Biological
r f
f~ erally fisted species.
g Instream Structures Instream structures. such as. but not limited to. high flow
~y~$~s, sediment ponds instream aonds retention and detention facilities.
fide sates dams and weirs shall be allowed only as cart of an approved
watershed basin restoration project aaaroved by the ~ity and uaon acauisition of
any resulted state or federal aermits The structure shall be designed to avoid
modifying flows and water auality in ways that may adversely affect habits
_-- ---
conservation areas
h Stormwater Convevance Facilities. Convevance structures may be aermitted_in
accordance with an aaaroved critical area resort subject to the following
- --
standards
i No other feasible alternatives with less imaact exist
ii. Mitigation for imaacts is provided:
iii Stormwater conveyance facilities shall incoraorate fish habitat features:
arm
iY Vegetation shalt be maintained and if necessary added adjacent to all
Q~en channels and aonds in order to retard erosion filter out sediments.
and shade the water.
i On-Site Sewage Systems and Wells
i _ Ne w on-site se wa ge s yste ms and individual wel ls mad be ae rmitted in
acc ordance vyit h a n aa aro ved critic al area resort only if acces sory to an
aaa roved re sid enti al st ruct ure for w hich it is not
--- --- feasible to co nnect to a
aub lic sanita ry sew er s yste m.
ii Re o f
pairs t aili ng on-s ite sew age systems asso ciated with a n existina
stru _
cture sh all be a cco mal ish ed by utilizing one o f the following methods
that result in th e le ast i maa ct
onnection to an available aublic sanitary sewer system:
Replacement with a new on-site sewage system located in a portion of
the site that has already been disturbed by development and is located
landward as far as possible provided the proposed sewage system is in
~ maliance with local health regulations: or
Repair to the existina on-site septic system.
14.08.150 Qefinitions.
- Page 43 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
Words not defined in this Chapter shall be as defined in the Citv code. th Washingto n Administrative
or the Revised Code of Was
odd hinaton Words no t found in either code shall be a s defined in the
,
Webster's Third New International D
Ac~antive Management Adaptive ictionary latest editi
management relie on
s on scientific methods to eva
luate how well
r~~ufa orv -and nonreaulator v actions protect the critical area. An adaptive manag ement grogram
is a formal and deliberate sc ientific approach to t aking action and obtaining inform ation in the face
of uncertainty.
Alteration Anv human induced cha
nce in an existing c
ondition of a critical area or its bu
ffer Alterations
include but are not limite d to grading filling channelizina dredging cleari ng (vegetation(
construction} compaction e xcavation or any other activity that changes the c haracter of the
critical area.
n r m Fi - F' h h n
n r r in fr hw
n r 'n m i n i
n n. h~l
Pacific salmon die after thei r first spawning. adu lt char (bull trout( can live for man y years. moving
in and out of saltwater and spawning each ye ar The life historv of Pacific s almon and char
contains critical periods of time when these f ish are more susceptible to en vironmental and
physical damage than at o ther times. The life historv of salmon. for examp le. contains the
following staaes~ upstrea m migration of ad ults spawning inter-gravel incu bation. rearing.
smoltification (the time peri od needed for juve niles to adjust their body functio ns to live in the
__ _ --
marine environment) down
auifer A aeoloaical formation gr
A
stream migration an
oup of formations o
d ocean rearing to adults
r part of a formation that is capa
ble of yielding a
_
significant amount of water
Aquifer Confined An aauifer bou to a well or spring.
nded above and be
low by beds of distinctly lower p
ermeability than
that of the aauifer itself and that contains aroun d water under sufficient pressure for the water to
rise awe the tog of the aa
if r r r - Ar uifer.
h r
n f in it I
act to recharge around wate r by percolation.
-Page44-
Ordinance Number 833 - Appendix A Critical Areas Code Update
Aauifer. Sole Source - An area desianated by the U.S. Environmental Protection Aaencv under the Safe
rinkina Water Act of 1974. Section 1424(e) The aquifer(s) must supply fifty percent (50%) or
m re of the drinking water for an area without a sufficient replacement availablPL
Aauifer Susceptibility -The ease with which contaminants can move from_ the land SurfarP to the an. iffar
ased solely on the tunes of surface and subsurface materials in the area Susceptibility usually
defines the rate at which a contaminant will reach an aauifer unimpeded by chemical interactions
--
with the vadose zone media
Aauifer. Unconfined - An aauifer not bounded above by a bed of distinctly lower permeability than that of
he aauifer itself and containing around water under pressure approximately equal to that of the
mosphere. This term is synonymous with the term "water table aauifer "
ase Flood - A flood event having a one percent (1 %) chance of being equaled or exceeded in any given
near. also referred to as_the 100-year flood. Designations of base flood areas on flood insurance
ma~(s~ always include the letters A or V
Best Av ~ able Science -Current scientific information used in the process to designate protect or
restore critical areas. that is derived from a valid scientific process as defined by WAC 3F5-~ g5_
00 through 925. Sources of the best available science are included in Citations of
Recommended Sources of Best Available Science for Desiano atina and Protecting Critical Areas
Qublished by the Washington State Department of Community Trade and Economic
Development.
Best Management Practices IBMPs) -Conservation practices or sv_ stems of practices and manaaemPnt
measures that:
A. Control soil loss and reduce water auality degradation caused by high concentrations of
nutrients. animal waste toxics and sediment:
B Minimize adverse impacts to surface water and around water flow and ~ir~ulatinn
pat erns and to the chemical physical and biological characteristics of wetlands
Protect trees and vegetation desianated to be retained during and following site
construction and use native plant species appropriate to the site for re-yPaPtatinn of
disturbed areas; and
Provide standards for proper use of chemical herbicides within critical areas
iodiversi ty - The v ariety of animal and plant life and its ecological pro cesses and interconnections -
r presented by the richness of ecologic al systems and the life th at depends on them including
h
uffer or uman life an
Buffer Zone d economies
- An area that is contiguo
us to and protects a critic
al area which is required for the
c
ompens ontinued ma
ation Proiec intenance functioning and
t -Actions necessary to /or structural stability of a
replace proiect-induced critical area
critical area and buffer losses
in cluding land acquisition planning cons truction plans monitoring and con inaencv actions
Com ens atorv Mitiga tion - Replacing proi~ct-in duced losses or ~mpacts to a critical area and includes
Restoratio ut is not limit
n -Actions ed to. the following:
performed to reestablish w
etland functional characte
ristics and processes that hay
een lost by alterations activities or cat astrophic events within a n area that nn Innnar maatc the
V V ~ V l l l V
de
nhancem finition of a
ent -Actio wetland
ns performed to improve
the condition of existing
degraded wetlands so that the
f
Preserv i nctions they
n -Action provide are of a higher au
s taken to ensure he perm ality
anent protection of existin
g high auality wetlands
Critical Aq uifer Recha rge Area -Areas desianat ed by WA(' ~~~ ~An nRnr ~~ that pro r~lc+ormincr) to hwo
V VV~V111111IL / ll/ IIQ Vr'
critical rech arging effect on aquifers us ed for potable water as de fined by WAC 365 190 030(2)
- Page 45 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
Critical Areas -Critical areas include anv of the followina areas or ecosystems: aauifer recharoe areas.
fish and wildlife habitat conservation areas. freauently flooded areas. aeolooically hazardo_ u_ s_
recs. and wetlands. as defined in RCW 36.70A and this Chapter.
Critical Area Tract -Land held in private ownership and retained in an open condition in perpetuity for the
protection of critical areas. Lands within this type of dedication may include but ar _ not limited to
portions and combinations of forest habitats grasslands shrub steppe on site watersheds 100
~~ar floodplains shorelines or shorelines of statewide significance riparian areas and wetlands
ritical Facilitv - A facility for which even a slight chance of flooding inundation or impact from a haz
event might be too oreat. Critical facilities include. but are not limited to. schools nursing homes
hospitals. police. fire and emergency response installations. and installations that nrnduce use
or store hazardous materials or hazardous waste
Critical Species -All animal and plant species_ listed by the state or fe_ d_ e_ raI government as threatener( nr
endangered.
Development -Anv activity upon the land _consistina of construction or alteration ~f structures earth
m vement. dredging. dumping. grading. filling. mining. removal of anv sand oravel or minerals
riving of piles drilling operations bulkheadina clearing of vegetation or other land disturbance
Development includes the storage or useof eauipment or materials inconsistent with the eXictinn
ease. Development also includes approvals issued by the City that binds land to snPCific natternc
of use including but not limited to subdivisions short subdivisions zone changes conditional
e permits. and binding site plans. Development activity does not include the followina
activities: `
A. Interior building improvements.
S Exterior structure maintenance activities including paintino and roofing
C. Routine landscape maintenance of established ornamental landscanina Such ac lawn
mowing. pruning. and weedino.
D. Maintenance of the followina existino facilities that does not expand the affected arP_a•
is tanks (routine cleaning): wells: individual utility service connections' and individ
~emeterv plots in established and approved cemeteries.
evelopment Permit -Anv permit issued by the Citv. or other authorized agency for construction, Ian
~, or the alteration of land
Emergent Wetland - A wetland with at least thirty percent (30%1 of the surface area rnvArarl by arart
rooted herbaceous vegetation extending above the water surface as the uppermost vegetative
strata.
Er sion Hazard Areas - At l east those area s identified by the U S Department of Agriculture National
esourc
Essential Public es Conserva
Facilitv -Tho tion Service as h
se facilities that aving a "se
are typicall vere" rill and inter rill erosion hazard
y difficult to site Such ac airnnrtc ctatA c~rii ir•atinn
f cilities state and local correctiona l facilities state or regional transportation facilities solid
waste h andlino facil ities and in-pati ent faciliti es including substance abuse facilities mental
health fa cilities. and group homes. F or Yelm. e ssential public facilities Include si ich far•ilitiAC ac
eauat e administrat ive. public safet y. and pub lic works yard areas: wastewater disposal with
r use/re cycle. areas : and water rig hts. storag e. and transmission capabilities Exotic -Anv
species
Fish and Wildlif of plants or a
e Habitat C nimals. which ar
onservation Area e foreign to
s -Areas the planning area
necessary for maintaining species in suitable
habitats within their natural geogra phic distrib ution so that isolated SUbpopulatinnS are no
created
A as designated by WAC 365-1
Areas with which state or fe 90-080(5)
derally de These areas includP•
signated endangered threatened and Sensitive
pecies have
Habitats of l a primary assoc
ocal importance. iation:
including
but not limited to areas designated as priority
- Page 46 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
habitat by the Washinaton Department of Fish and Wildlife:
C Commercial and recreational shellfish areas
D Kelo and eelarass beds;
E Herring and smelt spawning areas
F Naturally occurring ponds under twenty (20) acres and their submerged aauatic be_ s t
pr vide fish or wildlife habitat including those artificial ponds intentionally created from
dry areas in order to mitigate impacts to ponds:
G Waters of the state including lake rivers onds streams inland waters underground
aters salt waters and all other surface waters an wa ercourses wi in e iun i i
of the state of Washinaton:
H Lakes ponds streams and rivers planted with name fish by a governmental or tribal
ni
State natural area preserves and natural resource conservation areas: and
J Land essential for preserving conn ectio ns b etwe en habit at blocks and oxen spaces.
Fi h H i - i h i fi h n fif n i
hab~at likely to be used by fish tha t cou ld b e re cov ered by restoration_or manage
Flo includes off-channel habitat.
od or Flooding A general and temporar
y con
ditio
n of
parti
al or co
mplete inundation of nor a11v dry
land areas from the overflow of inland wate rs a nd/o r the unusua l and rapid accumu~at~on of runorf
FI of surface waters from any source.
In rn -Th ffii n
hih
F
r
n r
~i i
the areas of special flood hazards and inc lude the risk pr emium zones applicable to the
Flo community Also known as "flood ins
od Insurance Study The official repo uranc
rt pro e ra
vide te m
d b ap"
y th or "FIRM
e Feder ."
al Insurance Administration that
includes flood profiles the Flood Bou ndary-Flo odw av M ap and the water surface elevation of the
Fl base flood.
oodplain The total land area adioinina a
river
stre
am
wat
ercourse
. or lake subiect to inundation by
Fl
Fl the base flood.
ood Protection Elevation The elevation th
oodwav The channel of a river or other w
at is o
aterco
ne (
urs
1) fo
e an
ot a
d the
bove the
adjacen
base flood elevation
t land area that must be reserved
in order to discharge the base flood witho ut c umu lativ ely incre asing the surface water elevation
Fo more that one (1) foot Also known a
rested Wetland - A wetland with at least s the
thirty "zer
per o ris
cent e foodwav."
(30%) of the
surface area covered by woody
vegetation greater than twenty (20 ) feet in heig ht that is at least partially rooted within the
Fr ~~~~
equently Flooded Areas -Lands in the flo
odpla
in s
ubie
ct to
a one p
ercent (1%) or greater chance of
fl ing in any given year and those lands tha t provide importa nt flood storage. conveyance. an~c
attenuation functions as determine d by the adm inis trator in accordance with WAC 365-1 -
080(3) Freauentlv flooded areas pe rform imp orta nt h ydrologic functions and may present a cis
to persons and property Classifica tions of fr ~u ently flooded areas include at a minimum the
100 near floodplain designations o f the Fe dera l E mergenc y anaaemen ae cv an e
F National Flood Insurance Program
i n n I - Th fi i r l
rv
ri i
l
r
in r
quality protection and enhancemen t fish and wil dlife habitat food che~n support oo s grape.
conveyance and attenuation arou nd w ater rec harg e and discharae~ erosion control: wave
attenuation protection from hazard s his toric al a rcha eologica l. and aesthetic value protec ion-
- Page 47 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~lucational oppo rtunities' and rec reation Thes e beneficial roles are not listed in order of priority.
-
r" I r n -
in n
hl
r n r
managed areas
Geologically Hazardous including mitigatio
Areas Areas t n sites.
hat may not
be suited to development consistent with public
~iealth safety o r environmental standards b ecause of their susceptibility to erosion sliding
parth~uake or other aeoloaical events as d esianated by WAC 365-1.90-080(4). Types of
i I r I r n I' i r
Ground Water Water in a saturated zo ne or stratum beneath the surface of land or a surface water
r n W r A - ~i r i r r
Chapter 173-100
Ground Water Manage WAC for which a
ment Program around wate
comprehe r management program is reauired.
nsive program designed to protect around water
auality to ensu __
re around water
quantity an
d to provide for efficient management of water
whi{e
resources recognizing exist ing around water rights and meeting future needs consistent
_
with loca{ and state objectives policies an d authorities within a desianated around water
management ar
Ground Water Perched ea or subarea and developed p
Ground water in a saturated ursuant to Chaster 173-100 WAC.
zone is separated from the underlvina main body
of around water
Srowth Management Ac
i n r n A
i l by an unsaturated
t - RCW 36 70A a
- Ar
-T rock zone
nd 36.70B. a
fi
i
s amended.
n lif i n r r
n l ih i
given species h as a primary asso ciation and which if altered may reduce the likelihood that the
species will m intain and reprod uce over th e Iona-term These might include areas of high
rl ni i ri in i
These might als o include habitats that are of li mited availability or high vulnerability to alterations
such ~s cliffs ta
H r r - r lus and wetlands
n (WAC 365-
n1 I 190-030)
r r
nntPntial for ero sion. landslide. se ismic activity. mine collapse. or other aeoloaical condition.
H r n - An I' i li r l i{ in i r
commodity or waste regardles s of quantity . that exhibits any of the physical, chemical. or
_ _ -_
biological prope
"High around water floo
rties described in
d hazard areas"
WAC 173-30
means an are
3-090 or 173-303-100.
a where flooding occurs as a result of subsurface
aPoloaic conditi ons that prevent r echarainc~ wa ter from moving downward or laterally as fast as it
n r T r i r' i h r r
Qf surfacing aro und water typical ly intermixed with stormwater that cannot infiltrate at low points
~the ground's -_- -
surface Such po
nding may p
ersist-over protracted periods of time
High Quality Wet al n_~- Those wetlands that meet the following criteria
A. No. or isolated. human alteration of the wetland topoaraphv:
B No human-caused alteration of the hvdroloav or the wetland appears to have recovered
from the alteration
C Low cover and freauencv of exotic giant species
~_ _ Relatively little human-related disturbance of the native vegetation. or recovery from past
disturbance
~ If the wetland system is degraded, it stilt contains a viable and high auality example of a
native wetland communit~i and
F No known major water auality problems
- Page 48 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
Historic Condition -Condition of the land including flora fauna soil topography and hydrology that
--- - - -
xisted before the area and vicinity were developed or altered by human activity.
vdric Soil - A soil that is saturated. flooded. or bonded Iona enough during the arowina season to
velop anaerobic conditions in the upper Hart. The presence of hvdric soil shall be determined
following the methods described in the Washington State Wetland Identification and Delineation
Manual.
Hydrologic Soil Groups -Soils aroused according to their runoff-producing cha_racteristirs under similar
orm and cover conditions. Properties that influence runoff potential are death to seasonally
high water table. intake rate and permeability after prolonged wetting- and depth to a ~nw
permeable laver. Hydrologic soil orouas_are normally used in eauations that estimat runoff from
r infall but can be used to estimate a rate of water transmission in soil There are four hvdroloaic
soil groups:
Low Runoff potential and a high rate of infiltration potential
M erate Infiltration potential and a moderate rate of runoff potential:
Slow Infiltration potential and a moderate to high rate of runoff potential: and
iah Runoff potential and very slow infiltration and water transmission rates
vdrop hvtic Vegetation - Macro ph vtic plant life arowina in water or on a substrate that is at leas
~riodically deficient in oxy gen as a result of exce ssive water content The presence of
hvdroahvtic vegetation sh all be determined following t he methods described in the Washington
Hvporh State Wetland Identificatio
eic Zone -The saturated n
z and Delin
one loca eation Manual
ted beneath and
adjacent to streams that contains some
Impervi ~Qrtion of surface waters.
ous Surface - A hard surf serves as a
ace area th filter for nutrients
at either prevents and maintains water auality
or retards the entr~+ of water into the soil
mantle as under natural co nditions prior to developm ent or that causes water to run off the
_--
~urface in greater auantiti es or at an increased rate of flow from the flow present under natu
onditions prior to develo pment. Co mmon impervious surfaces include but are not limit d to
r oftops. walkways. patio s. d riveways . parking lots or s torage areas concrete or asphalt paving
gavel roads packed ea rthe n materi als and oiled ma cadam or other surfaces which similarly
n-Kind impede the natural infiltrat
Compensation - To rep ion
lac of storm
e critica water
l areas with sub
stitute areas whose characteristics an
f ions closely approxim at e those destroyed or degr aded by a regulated activity It does no
Isolated can replacement "in-cat
Wetlands -Those wetlan ego
ds ry."
that are
outside of and not
contiguous to any 100 vear
floodplain of
lake. river. or stream an d h ave no c ontiguous hvdric s _
oil or hvdrophvtic vegetation between the
Infiltrati
Inter-Ri
Joint A wetland and any surface wat
on -The downward entry of w
ll -Areas subiect to sheet wa
quatic Resource Permits App er
ater into the immediate surf
sh
lication - A single aoolica
ace of soil
tion form that may hP i icarl to anr~ly far
hydraulic project approval s shoreline management pe rmits approvals of exceedan P of water
auafi v standards. water au ality cert ifications. coast a ward bridge permits Washington State
epartment of Natural Re sou rces use authorization. and U S Army Corps of Engineers permits
-andsli de Hazard Areas -Area s t hat are potentially subiec t to risk of mass movement dt,P to a
combination of geologic l an dslide re sulting from a co mbination of ^Pnlnnir• tnnnnranhir and
~.
hvdroloaic factors. These ar eas are t ypically susceptibl e to landslides because of a combination
of factors includina~ bedro ck soil slo pe gradient slope asne~t aeolnai~ StrurfiirP nrnunrl -niatar
Mitigatio Qr other factors
n -Avoiding minimizing
or
compens
ating for adverse
nritiral arPac imnartc 11Aitir,atinn in +ho
following sequential order of preferenc e. is:
- Page 49 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~ Avoiding the im aac t altogether by not t akino a certain a ction or carts of an action:
E. Minimizing im pac ts by limiting the decree or ma gnitude of the action and its
implementatio n. by using appropriate technoloav. or by takino affirmative steps. such as
project redesig n. r elocation. or timing. to avoid or reduc e impacts:
Rectifvina the im pact to wetlands . critical aquife r recharge areas. and habits
onservation a rea s by repairing. reha bilitating. or rest oring the affected environment to
e conditions exis ting at the time of th e initiation of the proiect:
Minimizing or elim inating the hazard by restoring or st abilizing the hazard area through
naineered or othe r methods:
E Reducing or el imin ating the imaact or hazard over time by preservation and maintenance
operations dur ing t he life of the action:
F. Compensating for the impact to wetl ands. critical aq uifer recharge areas. and habitat
onservation area s by replacing. e nhancing. or pr oviding substitute resources or
environments; and
Monitoring the ha zard or other requ ired mitigation a nd taking remedial action when
necessary.
itiaa tion for individual actions ma y include a combina tion of the above measures
onito rina -Evaluating the impa cts of developme nt proposals on the biological. hydrological. and
QeQloaical elements o f su ch svstems. and assessing the pe rformance of required mitigation
easures throughout t he collection and analy sis of data by va rious methods for the purpose of
nderstanding and doc ume nting changes in na tural ecosystems and features. including gathering
baseline data.
Native Vegetation -Plant spec ies t hat are indigenous t o the area in que stion
Native Growth Protection Area ING PA) - An area whe re native vegetati on is preserved for the purpose of
g~eventinp harm to pro pert y and the environm ent. including. bu t not limited to. controlling surface
rNater runoff and erosi on. maintaining slope st ability. buffering. and protecting plants and a imp al
Natura habitat:
l Waters -Waters ex
clud
ing water conveya
nce svstems tha
-
t are artificially constructed and
---- - - -
actively maintained for irrig ation
Non-c onformity - A leaally e stab lished existing us e or leaally con structed structure that_ is_ no_t_ in
ompliance with curren t reg ulations.
Non-in digenous -See "Exotic."
ff-Sit e Compensation - To re plac e critical areas aw ay from the site on which a critical area has been
i ~ d_
n-sit e Compensation - To re plac e critical areas at o r adjacent to the site on which a critical areas has
been impacted.
Out_of_Kind Compensation - T o re place critical areas with substitute cr itical areas whose characteristics
do not closely approxi mate those destroyed o r degraded. It do es not refer to replacement "out-
of-category."
Perch ed Ground Water -See " Gro und Water Perched "
Perme ability -The capacity of an a quifer or confining bed to transmit w ater. It_ is a property of the aniiifer
r confining bed and is inde pendent of the forc e causing movem ent.
Porou s Soil Types -Soils. as identified by the National Resour ces Conservation Service ~~ S
Department of Agricult ure that contain voids pores interstice s or other openings which al~nw
he passing of water.
- Page 50 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
Practic I
con n iv -- I rn i i
sideration Est ~ is inn technolo v i I
gy and l i
oamtics in light of overalLuroiect purposes, an as
Primary ipSS
As ~mpacts to critical areas
sociation Area Thy area used
on a r
egular basis by is in close association with. or is
~
nec
essarv for the prQt~er functioning
of the ha - -
bitat of a critical species Keauiar oasis means tnat
the habitat area is normally or usu la_I~ know n to contain a critical species or bases on Known
hab itat reauir~ments of the species the are a is likely to contain t e cry ica species eau ar
bas is is species and population de g ndent Species that exist in low numbers may pe present
Priority infr
Hab -a--Pntly vet rely on certain habit
itat Habitat type or elements at types,
with uni
aue or significant value to one or more species as
r~as sified b~ th~statP Department o f Fish an d Wildlife A priority habitat may cons~st~r a unique
~~g etation type or dominant plant sp eciesi a described successional stage. or a spec~tic structura~
alifi ~_I~
dP m~.n~~ -
rofessional A person with exp
erience a
nd trainino in the pertinent scientific discipline and
who i a aualified scientific expert with expe rtise appropriate for the relevant cnt~cal area su sec
.n -1 - 4. lif
S A or equivalent de ra ee in biology engineering environmental studies. fisheries.
~eo
~ morphologv or related field and
A aualified pr4fPSsional fo five yea
r habitats rs of related work experience,
must have a deoree in bioloov and professional
S __
experience related to the su
A aualified professional fo bject spe
r a geol cies.
ogical hazard _m~st be a professional engineer or
C aPaloaist licensed in the st
A aualified professional fo ate of Wa
r critical shington.
aquifer recharge areas means a hvdroaeolooist.
-
~ -. -
aeologi~+f engineer or ot
assessments
A aualified professional for
her scie
wetland
ntist with experience in preparing hvdroaeo~oai
s means a professional wetland scientist certified by
R i the ociety of Wetland Scie
r- i i I r ntists.
I
h I I~
i l fr f~~l II 'n i
(tre atment levels and water auali require ments are given in the water reclamation and reuse
Repair sta
or ndards adopted by the state dep
Maintenance An activity that re artments
stores th of Ecoloav and Healthl.
e character scone size and design of a serviceable
are a structure or land use to its p reviously authorized and undamaged condition Activities t__nat
ch ange the character size or scop e of a pro ject beyond the original design an rain re ae i
flo od, or otherwise alter critical area s are not included in this definition
r~ n-M r n r r I r r n If i
A_ . A i r I r ~r
b~,ffers to the functioning condition that existed prior to an unauthorized alteration: and
A i n rfrm r lih r rl n i r' i I
area that have been lost by alteration past management activities or catastrophic
vn
Rill - - i nn I I in r I r r i n. ril i r l f
not wide enough to be an obstacle to farm machinery Rill erosion tends to occur on slopes.
particularly steep slopes with poor v~q ative cover
Ri ri n H i - i wi fl in w r i f
i rr ri I m h m II infl n h r i
extends~o that portion of the terrestrial landscape that directly influences the aquatic ecosvsteln
by providing shade fine or large woody aterial nutrients organic and inorganic debris.
terrestrial in r h ~ f r ri i- wi lif h 1
-Page 51 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
rd inarv hig h wat er mark or fr om the top of b ank if the ordinary high wa ter m ark cannot be
ide ntifie d It inclu des the entire ext ent of th e flo odp lai n and the exte nt of v eaeta tion adapted to
con ditio ns as we ll as adja cent up land plant co mm uniti es that d irectly i nflue nce the strea
~vs tem. Rip arian hab itat areas incl ude thos e rip aria n a reas severely altered or d amaged due to
hum an d eve lopme nt a ctivi ties.
River -See "Watercourse "
Scientific Process - A valid scientific process is one that produces reliable information useful in
_- -
understandina the conseauences of a decision. The characteristics of a valid scientific process
are as follows:
A Peer Review The information has been critically reviewed by other aualif_ied scientific
xperts in that scientific discipline.
Methods The methods that were used are standardized in the pertinent scientific
iscipline or the methods have been appropriately peer-reviewed to ensure their reliability
and validity.
Logica l Conclusions and R easona ble Inferences The conclusions presented ara hasp
on rea sonable assumptions supp orted by other studies and are logically and rPaSOnahw
erive d from the assumptio ns and supported by the data presented
D Quant itative Analysis Th e data have been analyzed using appropria statistical or
auanti tative methods
F Conte xt The assumpti ons analytical techniaues data and conclusions art
~~ro priately framed with re spect to the prevailing body of pertinent scientifi knowledge
F. Refere nces. The assumpt ions t echniaues. and conclusions are well referen~Pd with
--
itatio ns to pertinent existin g infor mation
crub-Shrub W etland - A wetland with at le ast thi rty percent (30%) of its surface area covered by woody
veaetat ion les s than twenty (20) fee t in hei ght as the uppermost strata
Section 404 Pe rmit - A permit issued by th e U.S. Army Corps of Engineers for the placement of dredge
or fill m aterial or clearing in waters o f the U nited States. including wetlands in a~~prdanre with ~~
C & 1344. Section 404 permit s may also be for endangered species consultation Thev
r auire a cons ultation under Section 7 of th e Federal Endangered Species Act
eeps - A spot where water oozes from the earth often forming the source of a small stream
eismic Hazard Areas -Areas that are s ubiect to severe risk of damage as a result of earthquake
induced aroun d shaking slope failur e. settl ement. or soil liquefaction
ionificant Porti on of i ts Range -That porti on of a species canoe likely to be essential to the Iona term
survival of the population in Washing ton.
Soil Survey - The m ost recent soil surve y for the local area ~r rniinty by the National Resources
Conservation Service, U S Departm ent of Aaric~ ulture
pecial Flood H azard Areas -The land in t he floo dplain within an area subiect to a one percent l1 %1 or
greater chance of flooding in any giv en yea r Designations of special flood hazard ar a on flood
insuran ce map (s) always include the letters A or V
Special Protecti on Are as - Aquifer rechar ge are as defined by WAC 173 200 090 that require sp ial
conside ration or increased protectio n beca use of unique characteristics includinn h~~t not limitarl
tQ
A Groun d wat ers that su pp ort an eco logica l sys tem rea uirina m ore stringent criteria than
rinkin o wat er standard s:
S Ground wa ter recharg e are as and well head pro tect ion area s th at are vulnerah lP to
pollutio n be cau se of hv dro ae oloa ic c harac terist ics and
- Page 52 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
~___ Sole source aquifer status.
ole Source Aauifer -See "Aauifer. Sole Source."
Species -Anv group of animals classified as a species or subspecies as commonly accented b~_the
scientific community
pecies Endangered -Anv fish or wildlife species that is threatened with extinction throughout all or a
significant portion of its range and is listed by the state or federal government as an endangered
~.~l
pecies of Local Importance -Those species of local concern due to their population status or their
ensitivity to habitat manipulation. or that are acme species.
pecies. Priority -Anv fish or wildlife species reauirina protective measures and/or management
guidelines to ensure their persistence as genetically viable population levels as classified by the
Washington Department of Fish and Wildlife including endangered threatened Sensitive
andidate and monitor species and those of recreational commercial or tribal importanc
Species. Threatened -Anv fish or wildlife species that is likely to become an endangered species within
the foreseeable future throughout a significant portion of its range without cooperative
management or removal of threats and is listed by the state or federal government as a
threatened s.~ecies.
Stream -See "Watercourse "
Sub-drainage Basin or Subbasin -The drainage area of the highest order stream containing the s„h~ec
property impact area. Stream order is the term used to define the position of a stream in the
--- --
hierarchy of tributaries in the watershed. The smallest streams_ are the highest order (first nrdPrl
tributaries These are the upper watershed streams and have no tributaries of their own When
two first order streams meet. they form a second order stream. and when two second order
reams meet they become a third order stream. and so on.
Substantial Damage -Damage of any origin sustained by a structure whereby the cost of rPStnrinn the
ructure to its before damaged condition would eaual or exceed fi v_ percent (50%) of the marke
value of the structure before the damage occurred
Substantial Improvement -Anv repair reconstruction or improvement of a structure the ~n~t of which
auals or exceeds fifty percent (50%) 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
Unavoidable -Adverse impacts that remain after all appropriate and practicable avaidanrP and
minimization have been achieved
ulnerability -The combined effect of susceptibility to contamination and the presence of potential
contaminants.
Water Table -That surface in an unconfined aauifer at which the pressure is atmospheric It is defined
v the levels at which water stands in wells that penetrate the aauifer iust far enough t4 hold
standing water.
Water Table Aauifer -See "Aauifer, Unconfined "
Water Tvpina System -Waters classified according to WAC 222-16 031 as follows
A. Type 1 Water -All waters. within their ordinary high-water mark ac invPntnriArl a~
'shorelines of the state" under Chapter 90 58 RCW and the rules promulgated pursuant
to Chapter 90 58 RCW but not including those waters' associated wPtland~ a~ rlPfinArl .n
Chapter 90.58 RCW.
B Tvpe 2 Water -Segments of natural waters that are not classified as TvnP 1 Water and
aye a high fish. wildlife. or human use. These are segments of natural waters and
~riodically inundated areas of their associated wetlands which
- Page 53 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
1 Are diverted fo domestic use by more than one hundred (100) resident ial or
amaina units or by a public acco
c mmodation fa cility licensed to serve more than
_
__
n (10) persons where such div
ersion is det
ermined by the Washington
State
Department of Natural Resources to be a vali d appropriation of water and only
considered Tvpe 2 Water upstrea m from the po int of such diversion for 1.50 0 feet
or until the drainage area is reduc ed by fifty per cent (50%). or whichever is_l ess:
2 Are diverted for use by federal state tribal or private fish hatcheries Such
waters shall be considered Tvpe 2 Water upstr eam from the point of diversi on for
including tributaries if
1 500 feet hiahly signifi cant for protection of downs tream
F
-- ---
water ality
3 Are within a federal state local
or private ca
mpground having more than
thirty
~~) camping units Provided th at the water shall not be considered to e nter a
cam~-~round until it reaches the boundary of t he park lands availabfe_for public
use and comes within one hundre
4 Are used by fish for spawning re d (1001 feet o
aring or migr f a camping unit:
ation Waters having the foll
owing
characteristics are presumed to h
a Stream segments having ave hiahly sig
a defined c nificant fish populations:
hannel twenty (20) feet or g
reater
within the bankfull width
4-°/ .
or impound
b Lakes ponds and having a
ments havin gradient of less than four p
g a surface area of one (1) a ercent
cre or
_
arPatPr at seasonal low w
5 Are used by fish for off-chann ater: or
el habitat
These areas are critical t
o the
maintenance of optimum survival of fish This habitat sha11 be identified bas ed on
t_he following. criteria:
a The site must be connec
ted to a fish
bearing stream and be acce
ssible
during some period of the
b The off-channel water mu year: and
st be access
ible to fish through a drainag
e with
I sus than a five percent (5 %) gradient
C
Tvp e 3 Wa ter S egments of na tural w aters tha t ar e not cla ssified as Tv pe 1 or 2 W aters
_
and have a mod erate to slight fish life
wild and human us These are s egmen ts of
nat ural wat ers and periodi cally i nundat _
ed are as of t heir asso ciated wetla nds w hich
1 Are diverted for domestic use by more than ten (10) residential or camping units
Qr by a public accommodation facility licensed to serve more than ten (10)
pPr_ sins where such diversion is determined by the Washington State
Department of Natural Resources to be a valid appropriation o water an e
only practical water source for such users Such waters shall be considered to
~e~~e 3 Water upstream from the point of such diversion for 1.500 feet or until
the drainage area is reduced by fifty percent (5 %) ~~lhichever is less: or
2 Are used by fish for spawning. rearing or migration The requirements for
~terminina fish use are described in the State Forest Practices Board Manual
-- -
Se~tion 13 If fish use has not been determined
a Waters having the following characteristics are presumed to have fish
use:
i Stream segments having a defined channel of two (2) feet or greater
within the bankfull width in Western Washinaton~ or three (3) feet or
nreatPr in width in Eastern Washinaton~ and having a gradient of sixteen
percent (16%) or less:
ii Stream seomentshavino adefined channel or two (2) feet or greater
within the bankfull width in Western Washinaton~ or three (3) feet or
-Page54-
Ordinance Number 833 - Appendix A Critical Areas Code Update
~~ r within the bankfull width in Eastern Washinaton~ and having a
gradient areater than sixteen percent (16%) and less t an or eaua o
twenty percent l20°1°) and having areater than fifty {50) acres in
c~ ri ~ ~ basin size in Western Washington or areater than 175 acres
contributing ba_s__in size in pastern Washington based on hvdroarara
boundaries
iii Ponds or impoundments having a surface area of less than one {1) acre
easonal low water and having an outl t to a fish stream: and
iv Ponds of impoundments having a surface area areater than one half
(0 5) acre at seasonal low water.
tz The Washington State Department of Natural Resources shall waive or
modify the characteristics in (a) of this Subsection where-
i Waters have confirmed Iona term naturally occurring water auality
parameters incapable of supporting fish:
ii Snowmelt streams have short flow cycles that do not support successful
life history chases of fish These streams typically have no flow in the
winter months and discontinue flow by ,lone 1: or
iii Sufficient information about a geomorphic reaiQn is available to_support a
~parture from the characteristics in la) of this Subsection. as
dPtPrmined in consultation with the Washington Department of Fish and
Wildlif ~ Washington State Department of Ecoloav affected tribes and
interested parties
_~ Type 4 Water All segments of natural waters within the bankfull width of defined
nn h r nni I n fi h i r
do not aodrv any time of a year of normal rainfall. However. for the purpose of water
typing Tvpe 4 Waters include the inter ittr~_ ent dry portions of the perennial channel below
the upper__most pint of perennial flow {f the uppermost point of perennial flow cannot be
i~entifiPd with simple nontechnical observations (see State Forest Practices oar
Manual Section 23) then Tvpe 4 Waters begin at a point along the channel where the
contributing basin area is:
1 At lea st thirt ee n ! 13 ) a cres in the West ern Wash ington co astal zone (which
corre sponds to t he Si tka spru ce zone defin ed in Fran klin and D vrness. 1973):
2 At lea st fifty t wo (5 2) acre s in other loc ation s in West ern Washi ngton: or
3 At lea st three hu nd red (3 00) acres in E aste rn W ashin gton.
T - AI n f r i ~ f
channe_Is that are not Tvpe 1 2 3 or 4 Waters. These are seasonal. nonfish habits
streams in which surface flow is not present for at least some portion of the year and are
not located downstream from any stream reach that is a Tvpe 4 ater vpe a ers
must ._pt~.ysically connected by an above-argon channel system to Tvpe 1 2. 3. or 4
Wa ers.
_ atercourse Anv portion of a channel bed bank or bottom waterward of the ordinary high water line of
waters of the state including areas in which fish may spawn. rest e, or roua w is ev may
p~s~, and tributary waters with defined beds or banks which influence the auality of fish habitat
w r m Ti fill inl r r fl n r
fluctuate in level during the year and applies to the entire bed of such watercourse whether or not
the water is at peak level This definition does not include irrigation ditches canals stormwa er
run off devices or other entirely artificial watercourses except where they exist in a natural
watercourse that has been altered by humans.
11Vet1ands Those areas ghat are inundated or saturated tLi~ surface or around water at a freauencv and
- Page 55 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
r i ~ i r r I
vegetation a sated for life in saturated soil conditions Wetlands generally inc u e swamps}
_marshes boas and similar areas Wetlands do not include those art~f~c~a wetlan s mten Bona v
~rPatPd from non wetland ~ including but not imi o ~rnoa ion an
brass lined swales canals detention facilities wastewater treatment facrl~ties far
1~ndscane amenities or those wetlands created after Julv 1 1990 that were unmtentionaiiy
r I h n r i n f r I I
artificial wetlands intentionally created from non-wetland areas_to mitigate the conversion of
_wetlands For identifvina and delineating a wetland local government shall use the Was inoton
~}^*° ~^f°+~and Identification and Delineation anual
I I I f I r - T ri ~ h
taxonomic classification system of the U S Fish and Wildlife Seer i_ce (Cowar in. e a .
I n - h n r f w l li n f' ~~ in h'
..
avt$~2f 1 7 1 D ~ it
a~
-Page56-
Ordinance Number 833 - Appendix A Critical Areas Code Update
- Page 57 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
- Page 58 -
Ordinance Number 833 - Appendix A Critical Areas Code Update
- Page 59 -