Chapter 14.120
NATURAL RESOURCE LANDS
Sections:
14.120.040 Mineral resource lands designation.
14.120.050 Natural resource lands noticing requirements.
14.120.060 Current use assessment.
14.120.070 Variances and appeals.
14.120.090 Title, plat, and regulated activities notification.
14.120.010 Purpose.
This chapter establishes requirements and regulations to protect natural resource lands and is established pursuant to WAC 197-11-908 and RCW 36.70A.170 and 36.70A.060. The city therefore designates agricultural lands and mineral resource lands, and all associated buffers as being critical areas and designated natural resource lands. By regulating development within 500 feet of natural resource lands, this chapter seeks to implement the following goals and policies to:
A. Inform the public of the existence, location and potential incompatibility impacts of development on, or within 500 feet of, these critical areas within the city.
B. Encourage the retention of open space, development of recreational opportunities, conserve priority habitat, increase access to natural resource lands and water, and develop parks.
C. Assure the conservation of resource lands and related activities by limiting encroachment of incompatible development thereon.
D. Promote the conservation of mineral resource lands through inclusion of known deposits of minerals and materials.
E. Assure that undeveloped mineral and material resources will not be forever lost by prior development of the land for other purposes.
F. Allow for the necessary mineral processing to convert such minerals and materials into marketable products.
G. Protect the environment and enhance the state’s high quality of life, including air and water quality and the availability of water.
H. Maintain and enhance the biological and physical functions and values of wetlands. (Ord. 17-513 § 3 (Exh. A)).
14.120.020 Intent.
Resource lands are of special concern to the citizens, the city, and the state. The intent of this chapter is to conserve resource lands by establishing standards for development of sites which contain, or are within 500 feet of, resource lands to promote the public health, safety, and welfare by:
A. Noticing of property on, or within, natural resource land areas;
B. Mitigating unavoidable impacts by regulating development;
C. Protecting from development impacts;
D. Protecting the public against losses from:
1. Costs of public emergency rescue and relief operations where the causes are avoidable;
2. Degradation of the natural environment and the expense associated with repair or replacement;
E. Preventing adverse impacts on water availability, water quality, wetlands, and streams;
F. Protecting unique, fragile, and valuable elements of the environment, including fish and wildlife habitat;
G. Providing sufficient information to show that critical areas are adequately protected prior to approving, conditioning, or denying public or private development activity;
H. Providing the public with sufficient information and notice of potential risks associated with development in any critical area or sensitive area;
I. Implementing the goals and requirements of the Growth Management Act (RCW 36.70A.060), the city’s comprehensive plan, and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the city. (Ord. 17-513 § 3 (Exh. A)).
14.120.030 Applicability.
This chapter shall apply to all properties designated as resource lands, agricultural lands, mineral resource lands, or properties within 500 feet of designated resource lands within Edgewood. When the requirements of this title are more stringent than those of other local, state, or federal law, codes, or regulations, the requirements of this title shall apply.
A. Agricultural Lands. Lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products. Agricultural lands are those lands meeting all of the following criteria:
1. Lands in parcels which are 10 acres or larger in size;
2. Lands which are on prime or unique soils as identified in:
a. United States Department of Agriculture (USDA), Soil Conservation Service, February 1979, Soil Survey of Pierce County Area, Washington; or
b. USDA, Soil Conservation Service, June 1981, Important Farmlands of Pierce County, Washington;
c. Lands which are primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and which have long-term commercial significance for agricultural production; and
d. Lands which are not within 500 feet of lots of record of one acre or less on more than 50 percent of the perimeter of the parcel.
B. Mineral Resource Lands. Mineral resource lands shall be identified by the city using the criteria set forth in WAC 365-190-070, as now exists or as may hereafter be amended or modified.
C. Property Adjacent to Resource Lands. All plats, short plats, development permits, and building permits issued for development activities within 500 feet of lands designated as natural resource lands shall contain a notice that a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. 17-513 § 3 (Exh. A)).
14.120.040 Mineral resource lands designation.
A. The city has classified the following areas as potential mineral resource lands.
1. Parcels: 0420164023, 0420164024, 0420164016 (commonly known as Olson); and
2. Parcels: 0420162047, 0420162048 (commonly known as Josties); and
3. Parcels: 0420084072, 0420084002, 0420084005, 0420084069, 0420084068, 0420171073, 0420171057, 0420171000, 0420171059 (commonly known as Fife Sand and Gravel).
B. The city staff shall study each area and prepare a written analysis of each area.
C. The city council shall review the staff analysis and recommendation(s) and shall, by ordinance, approve, deny, or modify the particular study area designation using the criteria in EMC 14.120.060. (Ord. 17-513 § 3 (Exh. A)).
14.120.050 Natural resource lands noticing requirements.
Pursuant to RCW 36.70A.060, the city shall require that all plats, development applications, or permits issued for development activities on, abutting, or within 500 feet of lands designated as natural resource lands contain a notice (see Appendices A through C of this chapter).
A. General. If more than one natural resource land subject to the provisions of this title intersects the subject parcel, then one notice addressing all of the natural resource areas shall be sufficient.
B. Title Notification.
1. When the city determines that activities not exempt from this title are proposed, the owner shall file a notice with the Pierce County auditor in accordance with Appendices A through C of this chapter. The notice shall provide a public record of the presence of any sensitive area; the application of this title to the property; and any limitations on activity in or affecting such sensitive area.
2. The notice shall be notarized and recorded with the Pierce County auditor before approval of any regulated use or activity on the site.
C. Plat Notification. For all proposals requiring a plat within any sensitive area, the applicant shall note the face of the plat consistent with the language set forth in Appendices A through C of this chapter.
D. Permit Notification. The department shall require that all permits issued for regulated activities on or within 500 feet of natural resource lands contain a notice as set forth in Appendices A through C of this chapter. (Ord. 17-513 § 3 (Exh. A)).
14.120.060 Current use assessment.
A. An owner of natural resource lands or open space desiring current use classification under Chapter 84.40 RCW may file for such current use classification.
B. An owner of undeveloped land with critical areas which has been placed in a separate tract or tracts, protective easement, public or private land trust dedication, or other similarly preserved area for the protection of these critical areas may have that portion of land reviewed for reassessment by the assessor-treasurer’s office consistent with those restrictions to determine the fair market value of the land pursuant to RCW 84.40.030.
C. The owner shall notify the assessor-treasurer’s office when restrictions on development occur on a particular site, and shall provide a plat map in addition to the following, or other special study documents as may be required by the department. (Ord. 17-513 § 3 (Exh. A)).
14.120.070 Variances and appeals.
Procedures for variances and appeals of an administrative decision issued pursuant to this chapter are set forth in Chapter 18.40 EMC. (Ord. 17-513 § 3 (Exh. A)).
14.120.080 Review process.
A. The department shall review any permit or application requested for any regulated activity, including, but not limited to, those set forth in this chapter, on a site which includes, or is within 500 feet of, one or more resource lands, unless otherwise provided in this title.
B. As part of all development applications, the department shall review the information submitted by the applicant to:
1. Confirm the nature and type of the resource land and evaluate any required title, plat, or regulated activity notification;
2. Determine whether the development proposal is consistent with this title; and
3. Determine whether any proposed alterations to the site containing resource lands are necessary.
C. The city may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives, and requirements of this title.
D. Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this title. (Ord. 17-513 § 3 (Exh. A)).
14.120.090 Title, plat, and regulated activities notification.
A. If more than one resource land subject to the provisions of this title exists on the site, then one notice addressing all of the resource lands shall be sufficient.
B. Notification shall be approved by the department and shall be consistent with the forms set forth in EMC 14.120.110, Appendices A through C, as applicable.
C. Title notifications shall be notarized and recorded with the Pierce County auditor prior to approval of any regulated use or activity for the site. (Ord. 17-513 § 3 (Exh. A)).
14.120.100 Permitted uses.
Uses permitted on designated resource land sites shall be the same as those permitted in the zone classifications shown on the city zoning map. (Ord. 17-513 § 3 (Exh. A)).
14.120.110 Appendices.
A. Property Adjacent to Resource Lands.
B. Agriculture Lands Noticing.
C. Mineral Resource Lands Noticing.
APPENDIX A
PROPERTY ADJACENT TO RESOURCE LANDS
A. Title Notification.
Parcel Number: ________________
Site Address: ______________________
NOTICE: This parcel lies within 500 feet of land designated resource lands by Edgewood. A variety of commercial and industrial activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals, or from spraying or extraction which occasionally generates dust, smoke, noise, and odor. The City has established resource uses as priority uses on productive resource lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary commercial resource lands operations.
Signature of Owner
_________________________________
(NOTARY ACKNOWLEDGMENT)
_________________________________
B. Plat Notification. The owner of any site within 500 feet of land designated as resource lands on which a large lot, short subdivision, or formal subdivision is submitted shall record a notice on the face of the plat. Such notification shall be in the form as set forth below.
PROPERTY ADJACENT TO RESOURCE LANDS PLAT NOTIFICATION. This property lies within 500 feet of land designated resource lands by Edgewood. A variety of commercial and industrial activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals, or from spraying or extraction which occasionally generates dust, smoke, noise, and odor. The City has established resource uses as priority uses on productive resource lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary commercial resource lands operations.
C. Regulated Activities Notification. The department shall require that permits issued for regulated activities, as defined in this chapter, within 500 feet of lands designated as resource lands, contain a notice as set forth below.
REGULATED ACTIVITIES NOTIFICATION. This property lies within 500 feet of land designated resource lands by Edgewood. A variety of commercial and industrial activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals, or from spraying or extraction which occasionally generates dust, smoke, noise, and odor. The City has established resource uses as priority uses on productive resource lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary commercial resource lands operations.
APPENDIX B
AGRICULTURAL LANDS NOTICING
A. Title Notification.
Parcel Number: ________________
Site Address: ______________________
NOTICE: This parcel lies within 500 feet of an area identified as Agricultural Lands by Edgewood. A variety of commercial Agricultural Activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers; or from spraying, pruning, and harvesting which occasionally generate dust, smoke, noise, and odor. Edgewood has established agriculture as a priority use on productive Agricultural Lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary farm operations.
Signature of Owner
_________________________________
(NOTARY ACKNOWLEDGMENT)
_________________________________
B. Plat Notification. The owner of any site within this designation on which a large lot, short subdivision, or formal subdivision is submitted shall record a notice on the face of the plat. Such notification shall be in the form as set forth below.
AGRICULTURAL LANDS PLAT NOTIFICATION. This parcel lies within an area identified as Agricultural Lands by Edgewood. A variety of commercial Agricultural Activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers; or from spraying, pruning, and harvesting which occasionally generate dust, smoke, noise, and odor. The City has established agriculture as a priority use on productive Agricultural Lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary farm operations.
C. Regulated Activities Notification. The department shall require that all permits issued for regulated activities, as defined in this chapter, within this zone classification contain a notice as set forth below.
REGULATED ACTIVITIES NOTIFICATION. This parcel lies within 500 feet of an area identified as Agricultural Lands by Edgewood. A variety of commercial Agricultural Activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers; or from spraying, pruning, and harvesting which occasionally generate dust, smoke, noise, and odor. The City has established agriculture as a priority use on productive Agricultural Lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary farm operations.
APPENDIX C
MINERAL RESOURCE LANDS NOTICING
A. Title Notification.
Parcel Number: ________________
Site Address: ______________________
NOTICE: This parcel lies within 500 feet of an area of land designated mineral resource lands by the City. A variety of commercial mineral extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. Edgewood has established mineral resource extraction as a priority use on productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary mineral resource extraction operations.
Signature of Owner
_________________________________
(NOTARY ACKNOWLEDGMENT)
_________________________________
B. Plat Notification. The owner of any site within this overlay district on which a large lot, short subdivision, or formal subdivision is submitted shall record a notice on the face of the plat. Such notification shall be in the form as set forth below.
MINERAL RESOURCE LANDS PLAT NOTIFICATION. This property lies within 500 feet of an area of land designated mineral resource lands by the City of Edgewood. A variety of mineral resource extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. Edgewood has established mineral resource extraction as a priority use on productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary mineral resource extraction lands.
C. Regulated Activities Notification. The department shall require that all permits issued for regulated activities, as defined in this chapter, within this designation contain a notice as set forth below.
REGULATED ACTIVITIES NOTIFICATION. This property lies within 500 feet of an area of land designated mineral resource lands by Edgewood. A variety of mineral resource extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals and extraction of minerals, which occasionally generates dust, smoke, noise, and odor. The City has established mineral resource extraction as a priority use on productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary mineral resource extraction lands.
(Ord. 17-513 § 3 (Exh. A)).