Chapter 18.08
CRITICAL AREAS
Sections:
18.08.010 Purpose.
18.08.020 Definitions.
18.08.030 Construction with other laws.
18.08.040 Permitting.
18.08.050 New permits required for activities in critical areas.
18.08.060 Penalties.
18.08.070 Administrative appeals.
18.08.080 Nonconforming activities.
18.08.010 Purpose.
The purpose of this chapter is to protect the public health, safety and welfare by protecting critical areas. The city finds that development in critical areas poses threats to the public health, safety and general welfare, to clean water and to fish and wildlife habitat. This chapter aims to protect critical areas and to channel development to less ecologically sensitive areas.
It is understood that the ordinance codified in this chapter is an interim ordinance pending adoption of more comprehensive regulations. (Ord. 1106 NS § 1, 1995).
18.08.020 Definitions.
A. “Critical areas,” the general location of which are shown on maps on file with the city, means and includes the following areas and ecosystems:
1. Wetlands;
2. Areas with a critical recharging effect on aquifers used for potable water;
3. Fish and wildlife habitat conservation areas;
4. Frequently flooded areas; or
5. Geologically hazardous areas.
B. “Fish and wildlife habitat conservation areas” means and includes:
1. Areas with which endangered, threatened and sensitive species have primary association;
2. Habitats and species of local importance;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
4. Waters of the state;
5. Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity; or
6. State natural area preserves and natural resource conservation areas.
C. “Frequently flooded areas” means and includes those flooded areas in the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program and other frequently flooded areas.
D. “Geologically hazardous area” means an area that is not suited to commercial, residential or industrial development because of its susceptibility to erosion, sliding, earthquakes or other geological events hazardous to public health or safety.
E. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the city. (Ord. 1106 NS § 2, 1995).
18.08.030 Construction with other laws.
A. Abrogation and Greater Restrictions. It is not intended that this chapter repeals, abrogates or impairs any existing regulations, easements, covenants or deed restrictions. However, when this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be liberally construed to serve the purposes of this chapter. (Ord. 1106 NS § 3, 1995).
18.08.040 Permitting.
All applications for permits to conduct activities having a possible significant impact on critical areas shown on the maps on file with the city must identify the critical areas affected and make an estimate of the probable impact. The city shall deny all requests for permits which would result in activities degrading a wetland or fish and wildlife habitat conservation area, which would put people or property in a position of unacceptable risk with respect to floods or geological hazards, which would tend to aggravate geological hazards, or which would harm critical recharging areas for aquifers. The city may, however, grant permits which include mitigating measures if the mitigation measures adequately protect the critical area and people involved. The city implements the State Environmental Policy Act (SEPA) and Chapter 197-11 WAC which will be the basis for any mitigating measures. (Ord. 1106 NS § 4, 1995).
18.08.050 New permits required for activities in critical areas.
The following activities shall require a special critical areas permit if they are not already approved through a more general permit in which the applicant has reported a possible impact on a critical area. The critical area permit is to provide the opportunity for review of activities within a critical area in order to mitigate any possible impacts while, at the same time, not preventing or restricting required maintenance or improvement.
A. In wetlands:
1. The removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind;
2. The dumping, discharging or filling with any material;
3. The draining, flooding or disturbing of the water level or water table;
4. The driving of pilings;
5. The placing of obstructions;
6. The construction, reconstruction, demolition or expansion of any structure;
7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or
8. Activities that result in a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants.
B. In critical recharge areas: Any land use, agricultural activity, or other activity having significant potential to contaminate the water.
C. In fish and wildlife habitat conservation areas: Any land use or other activity having the potential to significantly degrade the habitat or harm fish and wildlife.
D. In frequently flooded areas: Any land use or other activity likely to contribute to a significant increase in flood hazards or to place a significant number of people in danger.
E. In geologically hazardous areas: Any land use or other activity likely to contribute to a significant increase in geological hazards or to place people in danger. (Ord. 1106 NS § 5, 1995).
18.08.060 Penalties.
Carrying out an activity requiring a permit under this chapter with knowledge that a proposed activity requires a permit shall make the violator liable for a civil penalty of up to $500.00. The unknowing failure to seek a permit makes the violator liable for a civil penalty up to $500.00. Parties aggrieved by activities requiring a permit carried on without one can bring a civil action to enforce the penalty provisions and the court shall order the defendant to pay the plaintiff’s attorney’s fees if the action is successful. (Ord. 1106 NS § 6, 1995).
18.08.070 Administrative appeals.
Any aggrieved person dissatisfied with a permitting decision may appeal the decision to the city council provided that the person file a notice of appeal within 20 days. Those who have filed an administrative appeal may file an appeal (in superior court) if any appeal is filed within 30 days of completion of the administrative appeal. (Ord. 1106 NS § 7, 1995).
18.08.080 Nonconforming activities.
A regulated activity that was approved prior to the passage of the ordinance codified in this chapter and to which significant economic resources have been committed pursuant to such approval but which does not conform to this chapter may be continued subject to the following:
A. No such activity shall be expanded, changed, enlarged or altered in any way that increases the extent of its nonconformity without a permit issued pursuant to the provisions of this chapter;
B. Except for cases of discontinuance as part of normal agricultural practices, if a nonconforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this chapter;
C. If a nonconforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with the provisions of this chapter;
D. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 1106 NS § 8, 1995).