Division V. Critical Areas

Chapter 19.145
ENVIRONMENT AND CRITICAL AREAS IN GENERAL1

Sections:

19.145.010    Purpose.

19.145.020    Applicable provisions.

19.145.030    Jurisdiction.

19.145.040    Other authority and jurisdiction.

19.145.050    Liability.

19.145.010 Purpose.

The purpose of this division is to protect the environment, human life and property from harm and degradation. This is to be achieved by precluding or limiting development in areas where development poses serious or special hazards; by preserving and protecting the quality of drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by this division include protection of water quality, groundwater recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat maintenance, protection of human life and property and maintenance of natural stormwater storage systems.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.10), 12-17-91; Ord. No. 91-105, § 4(80.10), 8-20-91; Ord. No. 90-43, § 2(80.10), 2-27-90. Code 2001 § 22-1221.)

19.145.020 Applicable provisions.

The provisions of this division apply throughout the city and must be complied with regardless of any other conflicting provisions of this title. The provisions of this title that do not conflict with the provisions of this division apply to the subject property.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.15), 12-17-91; Ord. No. 91-105, § 4(80.15), 8-20-91; Ord. No. 90-43, § 2(80.15), 2-27-90. Code 2001 § 22-1222.)

19.145.030 Jurisdiction.

This division applies to the subject property if it:

(1) Contains or is within 25 feet of a geologically hazardous area;

(2) Contains or is within 100 feet of a wellhead;

(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;

(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;

(5) Contains or is within 25 feet of any regulated lake;

(6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake; or

(7) Is located within a critical recharge area or a wellhead protection area (one-, five-, or 10-year wellhead capture zone).

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 99-353, § 3, 11-16-99; Ord. No. 91-123, § 3(80.20), 12-17-91; Ord. No. 91-105, § 4(80.20), 8-20-91; Ord. No. 90-43, § 2(80.20), 2-27-90. Code 2001 § 22-1223.)

19.145.040 Other authority and jurisdiction.

Nothing in this division in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state and federal laws and regulations.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.25), 12-17-91; Ord. No. 91-105, § 4(80.25), 8-20-91; Ord. No. 90-43, § 2(80.25), 2-27-90. Code 2001 § 22-1224.)

19.145.050 Liability.

(1) Prior to issuance of any building permit or other permit by the building official, the applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property which is related to the physical condition of the steep slope, stream, regulated lake or regulated wetland. This agreement shall be recorded in the county, at the applicant’s expense, and shall run with the property.

(2) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity.

(Ord. No. 07-554, § 5(Exh. A(10)), 5-15-07; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 91-123, § 3(80.55), 12-17-91; Ord. No. 91-105, § 4(80.55), 8-20-91; Ord. No. 90-43, § 2(80.55), 2-27-90. Code 2001 § 22-1225.)

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Cross references: Environmental policy of the city, FWRC Title 14; water quality requirements and surface water, stormwater and other waterways, Chapter 16.45 FWRC; public use easements, FWRC 19.05.330; rezoning of this district to be conducted under the quasi-judicial rezoning procedure, FWRC 19.35.050 et seq.; land modifications, Chapter 19.120 FWRC.