Chapter 16.08
CRITICAL AREAS
Sections:
Article I. Introduction
16.08.010 Purpose and intent.
16.08.020 Authority.
16.08.030 Interpretation.
16.08.040 Relationship to other regulations.
Article II. General Provisions
16.08.050 Applicability and jurisdiction.
16.08.060 Critical area maps.
16.08.070 Authorizations required.
16.08.080 Administrative procedures.
16.08.090 Exemption from critical area review requirements.
16.08.100 Waiver for subsequent approvals.
16.08.110 Variances.
16.08.120 Fees.
16.08.130 Site inspections.
16.08.140 Enforcement.
16.08.150 Offense and penalty.
Article III. Critical Area Review
16.08.160 Critical area review requirements.
16.08.170 Application.
16.08.180 Critical areas determination.
16.08.190 Technical studies.
16.08.200 Completion of critical area review.
Article IV. Critical Area Mitigation Requirements
16.08.210 Critical area mitigation.
16.08.220 Bonding.
Article V. Wetlands
16.08.230 Wetland designation.
16.08.240 Wetland rating (categorization) and functional assessment.
16.08.250 Wetland technical study requirements.
16.08.260 Wetland buffer requirements.
16.08.270 Wetland mitigation requirements.
Article VI. Fish and Wildlife Habitat Conservation Areas
16.08.280 Fish and wildlife habitat conservation areas designation.
16.08.290 Fish and wildlife habitat conservation areas classification.
16.08.300 Fish and wildlife habitat conservation areas indicators.
16.08.310 Fish and wildlife habitat conservation areas buffers.
16.08.320 Fish and wildlife habitat conservation areas technical study.
Article VII. Geologically Hazardous Areas
16.08.330 Geologically hazardous areas designation.
16.08.340 Geologically hazardous areas classification.
16.08.350 Geologically hazardous areas indicators.
16.08.360 Geologically hazardous areas performance requirements.
Article VIII. Aquifer Recharge Areas
16.08.370 Aquifer recharge area designation.
16.08.380 Aquifer recharge area technical study requirements.
16.08.390 Aquifer recharge area performance requirements.
Article IX. Flood Hazard Areas
16.08.400 Flood hazard areas designation.
16.08.410 Flood hazard areas performance requirements.
Article X. Definitions
16.08.420 Definitions.
Article XI. Appendix A
Article I. Introduction
16.08.010 Purpose and intent.
A. The intent of this chapter is to identify and define the types and qualities of various critical areas within the Ferndale community that contribute to or affect public health, safety and general welfare; and to protect those critical areas deemed important by the citizens of Ferndale, the state of Washington, and/or the federal government. Critical areas addressed in this chapter include:
1. Wetlands;
2. Geologically hazardous areas;
3. Fish and wildlife habitat conservation areas;
4. Aquifer recharge areas; and
5. Frequently flooded areas.
B. The purpose of this chapter is to provide understandable and reasonable requirements for the use and development of land within or in proximity to critical areas. The requirements set forth herein are adopted in order to:
1. Minimize development impacts and protect the beneficial uses, natural functions and values of critical areas;
2. Protect the quality and quantity of all natural water resources and the native species inhabiting local waterways, wetlands, and habitats;
3. Prevent erosion and loss of slope and soil stability caused by removal of trees, shrubs, root systems of vegetative cover, or alteration of ground and surface movement;
4. Protect the public against potentially avoidable losses from landslide, subsidence, erosion and flooding; and
5. Meet the requirements of the Washington Growth Management Act (Chapter 36.70A RCW) with respect to the protection of critical areas. (Ord. 1398 § 2, 2006)
16.08.020 Authority.
This chapter is adopted under the authority of Chapters 36.70 and 36.70A RCW and Article 11 of the Washington State Constitution. (Ord. 1398 § 2, 2006)
16.08.030 Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered to be the minimum necessary and shall be liberally construed to serve the purposes of this chapter. (Ord. 1398 § 2, 2006)
16.08.040 Relationship to other regulations.
A. The regulations contained in this chapter shall apply as an overlay to other regulations established by the City. In the event of any conflict between these regulations and any other regulations, the more restrictive shall apply.
B. Regulation of frequently flooded areas as required by Chapter 36.70A RCW and Chapter 365-190 WAC is provided through the floodplain management ordinance of the City of Ferndale, Chapter 15.24 FMC.
C. Compliance with the provisions of this chapter shall not be construed as constituting compliance with any other applicable regulation.
D. These regulations are in addition to, and coordinate with, the Ferndale Comprehensive Plan, the Ferndale shoreline master program, and other applicable regulations adopted by the City of Ferndale. (Ord. 1398 § 2, 2006)
Article II. General Provisions
16.08.050 Applicability and jurisdiction.
This chapter shall apply to all land, all land uses and development, and all structures and facilities within the City of Ferndale, except as specifically exempted under FMC 16.08.090. (Ord. 1398 § 2, 2006)
16.08.060 Critical area maps.
A. In conjunction with the adoption of this chapter, the City Council shall adopt maps indicating the locations of known or potential critical areas within the City of Ferndale. These maps shall be based on the best available scientific information and shall include natural resource information gathered through field inventory, as well as information prepared by applicable state and federal natural resource agencies. These maps shall be hereafter referred to as the “critical area maps” of the City of Ferndale.
B. The Critical Areas Administrator or designee shall update the critical area maps periodically to reflect new information and shall make the maps available to the public upon request.
C. The critical area maps shall be utilized as a source of generalized information and shall not be a substitute for site-specific assessments. The actual type, extent and boundaries of critical areas (with the exception of frequently flooded areas) shall be determined by a qualified consultant on a site-specific basis according to the provisions established in this chapter. (Ord. 1398 § 2, 2006)
16.08.070 Authorizations required.
A. No development activity or alteration of land, water or vegetation within a critical area or its standard buffer, except as specifically allowed under FMC 16.08.090, shall be allowed without prior authorization from the Critical Areas Administrator or designee.
B. The City of Ferndale shall ensure that the provisions of this chapter are met in conjunction with review of applications for the following permits and approvals:
1. Building permit;
2. Conditional use permit;
3. Land disturbance permit (clearing or grading);
4. SEPA determination;
5. Shoreline conditional use permit;
6. Shoreline substantial development permit;
7. Shoreline variance;
8. Short plat;
9. Long plat;
10. Zoning variance;
11. Planned unit development; or
12. Any other permit or approval required by the Ferndale Municipal Code, as amended, not expressly exempted by this chapter. (Ord. 1398 § 2, 2006)
16.08.080 Administrative procedures.
The administrative procedures followed during the critical area review process shall conform to the standards and requirements of the City of Ferndale development regulations. This shall include, but not be limited to, timing, appeals, and fees associated with applications covered by this chapter. (Ord. 1398 § 2, 2006)
16.08.090 Exemption from critical area review requirements.
The Critical Areas Administrator has the authority to determine whether any development activity is exempt from the provisions of this title.
A. Subject to the limitations established in subsections (B), (C), (D) and (E) of this section, the following developments, associated uses and activities shall be exempt from the critical area review procedures established in this chapter:
1. Emergency activities necessary to reduce or prevent an immediate threat to public health, safety and welfare. An emergency is an unanticipated and imminent threat to the public health or safety or to the environment that requires immediate action within a period of time too short to allow full compliance with this chapter. The person or agency undertaking such emergency action shall notify the Critical Areas Administrator within one working day or as soon as practical following commencement of the emergency activity. Following such notification, the Critical Areas Administrator shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the Critical Areas Administrator determines that the action taken or any part of the action taken was beyond the scope of allowed emergency actions, then the enforcement provisions of FMC 16.08.140 shall apply.
2. Ongoing agriculture activities, including related development and activities that do not result in expansion into a critical area or its standard buffer.
3. Normal and routine maintenance or repair of existing structures, utilities, sewage disposal systems, potable water systems, drainage facilities, ponds, or public and private roads and driveways associated with existing residential or commercial development; normal maintenance, repair, or operation of existing structures, facilities, and improved areas accessory to a single-family residential use; and maintenance activities such as mowing and normal pruning; provided, that such maintenance activities are limited to existing landscaping improvements and do not expand into critical areas or associated buffers, do not expose soils, do not alter topography, do not destroy or clear native vegetation, and do not diminish water quality or quantity.
4. Modification of any existing residence that does not add to or alter the existing use and does not expand the building footprint or increase septic effluent.
5. Activities involving artificially created wetlands or artificial watercourses intentionally created from nonwetland sites, including, but not limited to, grass-lined swales, irrigation and drainage ditches, road side ditches, stormwater detention facilities, and landscape features, except those features that provide critical habitat for anadromous fish and those features which were created as mitigation pursuant to the provisions of this chapter.
6. Passive outdoor recreational activities that do not adversely impact critical areas or their buffers.
7. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling soil, planting crops, or changing existing topography, water conditions or water sources.
8. The lawful operation and maintenance of public and private diking and drainage systems that protect life and property.
9. Education and scientific research activities that do not adversely impact critical areas or their buffers.
10. Site investigation work necessary for land use applications such as surveys, soil logs, percolation tests and other related activities that do not adversely impact critical areas or their buffers. In every case, critical area impacts shall be minimized and disturbed areas shall be immediately restored to the predisturbance condition.
11. Fish, wildlife, wetland and/or riparian enhancement activities not required as mitigation; provided, that the project is approved by the U.S. Department of Fish and Wildlife (USFWS), the National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries), the U.S. Army Corps of Engineers (USCOE), the Washington State Department of Fish and Wildlife (WDFW), the Washington State Department of Ecology (DOE), or any other state or federal regulatory agency.
B. Exemption from critical areas review shall not constitute exemption from any other applicable provision of the Ferndale Municipal Code or those described in FMC 16.08.040.
C. Exempt activities shall use reasonable methods or accepted best management practices to reduce potential impacts to critical areas and/or to restore impacted critical areas to the extent feasible following completion of exempt activities as determined by the Critical Areas Administrator. Exemption does not give permission to destroy a critical area or buffer or to ignore risk from a natural hazard.
D. If a nondevelopment activity (not otherwise requiring a development permit or approval) is determined to be exempt under subsection (A) of this section and adheres to the requirements established under subsection (C) of this section, then critical area review shall not be required and the activity may proceed. (Ord. 1398 § 2, 2006)
16.08.100 Waiver for subsequent approvals.
Critical area review requirements may be waived by the Critical Areas Administrator in conjunction with review of a building permit application when all of the following conditions are met:
A. The provisions of this chapter have been addressed fully through previous critical areas review of a development approval (such as a subdivision, conditional use or other permit identified under FMC 16.08.070(B));
B. The subsequent construction activity complies fully with the conditions established as part of the initial land use approval; and
C. No substantial changes in the nature or extent of the approved activity have been made. (Ord. 1398 § 2, 2006)
16.08.110 Variances.
A. Variance from the provisions of this chapter may be granted administratively by the Critical Areas Administrator.
B. The application for a variance shall be filed with the Critical Areas Administrator and the burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision on the application will be made.
C. The Critical Areas Administrator shall grant such a variance only when the applicant demonstrates that the requested variance is consistent with all of the following criteria:
1. Special circumstances and conditions exist which are peculiar to the land or lot, and which are not applicable to other lands or lots;
2. The special conditions or circumstances are not the result of actions taken by the applicant;
3. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties under the terms of this chapter;
4. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures under similar circumstances;
5. The granting of the variance is consistent with the general purpose and intent of this chapter and will not create significant adverse impacts to the identified critical areas or otherwise be detrimental to public safety or welfare; and
6. The granting of the variance is consistent with the general purpose and intent of the Ferndale Comprehensive Plan.
D. In granting any variance, the Critical Areas Administrator may prescribe such conditions and safeguards as are deemed necessary to secure adequate protection of critical areas, public health, safety and welfare, and to ensure conformity with this chapter.
E. In granting any variance, the Critical Areas Administrator may prescribe time limits within which the action for which the variance is requested shall commence or be completed or both. Failure to conform to any such time limits shall void the variance.
F. If the Critical Areas Administrator decides to grant the variance, the Critical Areas Administrator shall cause to be issued a notice of decision, which shall be subject to appeal consistent with FMC 14.11.070. Upon receipt of a variance, the Administrator has up to 60 days to issue a finding that the reasons set forth by the applicant justify the granting of the variance, and that the variance granted is the minimum necessary to allow reasonable use of land, building or structure. (Ord. 1398 § 2, 2006)
16.08.120 Fees.
The City Council by resolution shall establish fees for processing of critical areas review and other services provided pursuant to this chapter. These fees shall be established based on the anticipated direct costs to the City for review of any given development and shall include any cost to the City for services provided by a qualified consultant retained by the City to perform critical areas review. The critical areas review fees may be assessed separately or during other City review processes such as SEPA or site plan review. (Ord. 1398 § 2, 2006)
16.08.130 Site inspections.
The Critical Areas Administrator or designee is authorized to make site inspections and take such actions as necessary to administer and enforce this chapter. City representatives shall make a reasonable effort to contact the property owner before entering onto private property. (Ord. 1398 § 2, 2006)
16.08.140 Enforcement.
Activities found to be not in compliance with this chapter or any applicable performance requirements or any conditions established through the critical areas review and approval process shall be subject to enforcement actions necessary to bring the activity into compliance. The City shall have the authority to require restoration, rehabilitation, construction or replacement measures at the owner’s expense to compensate for violations of this chapter that result in destruction, degradation, or reduction in the function of critical areas or their required buffer. (Ord. 1398 § 2, 2006)
16.08.150 Offense and penalty.
A. Any person, party, firm, corporation, or other legal entity violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day or portion of a day during which such a violation is found to have occurred shall constitute a separate offense.
B. The City may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this chapter. The civil penalty shall be assessed at a maximum rate of $500.00 per day per violation. (Ord. 1398 § 2, 2006)
Article III. Critical Area Review
16.08.160 Critical area review requirements.
A. Unless otherwise provided in this chapter, the City of Ferndale shall complete a critical areas review prior to granting any permit or approval for a development activity or other alteration which is found likely to include, be adjacent to, or likely to affect the function of one or more critical areas. The critical area review may be in conjunction with the SEPA, site plan review, or other City of Ferndale development application processes.
B. As part of this process, the Critical Areas Administrator shall:
1. Verify the information provided by the applicant;
2. Confirm the nature, extent and type of any critical area identified;
3. Determine if a critical area is impacted;
4. Assess the impacts to critical areas likely to result by the proposed activity;
5. Determine if any mitigation proposed by the applicant is sufficient to protect critical areas, or adequately mitigate for their disturbance, and address public health, safety and welfare concerns consistent with the purpose and intent of this chapter.
C. Unless otherwise indicated, the applicant shall be responsible for the preparation, submission and expense of any required assessments and reviews, critical areas technical studies, plans, and all other work in support of the application.
D. In circumstances where the protective provisions for more than one critical area occur, the most restrictive regulation shall apply.
E. The Critical Areas Administrator may use discretionary authority if the critical area requirements of this chapter preclude all reasonable use of a parcel of land. (Ord. 1398 § 2, 2006)
16.08.170 Application.
For any proposed activity not found to be exempt pursuant to FMC 16.08.090, the applicant shall provide critical areas information individually or in conjunction with application for any of the permits or approvals identified under FMC 16.08.070(B). Such information shall be submitted on forms provided by the City and/or as described in FMC 16.08.190. The applicant is encouraged to review the Ferndale critical area maps when completing portions of applications pertaining to critical areas information. (Ord. 1398 § 2, 2006)
16.08.180 Critical areas determination.
A. The Critical Areas Administrator shall review critical areas maps or visit the site to determine if the site includes or is adjacent to a known or potential critical area, or if the project could have significant adverse impacts on a critical area.
B. The Critical Areas Administrator may waive the requirement for preparation of a technical study if there is substantial evidence that:
1. There will be no alteration of a critical area or its standard buffer; or
2. The development proposal and likely impacts are consistent with the purpose, intent and requirements of this chapter; or
3. The requirements established by this chapter will be met.
C. The Critical Areas Administrator shall notify the applicant that a technical study is required if it is determined that the proposed project will likely impact a critical area or critical area buffer.
D. The Critical Areas Administrator has the authority to determine whether any development activity is exempt from the provisions of this title. (Ord. 1398 § 2, 2006)
16.08.190 Technical studies.
A technical study shall only be completed by a qualified consultant. A technical study shall describe the existing conditions of a parcel (and surrounding area) and the proposed project. The goal of the technical study is to determine the impact the project will have on a critical area or if public health, safety or welfare may be affected by a proposed project. The objective of the technical study is to provide adequate information to the City of Ferndale to determine if the project complies with this chapter.
A. If a technical study is determined to be necessary, then the applicant shall be responsible to arrange for preparation of the study by a qualified consultant for the critical area(s) involved. The technical study may be prepared in two steps.
B. Step one of the technical study includes a data review and a field reconnaissance sufficient to determine the presence of a critical area. If the reconnaissance reveals that no critical area is present, then a statement of this finding along with appropriate supporting evidence shall be prepared by the consultant and submitted in report form to the Critical Areas Administrator. The Critical Areas Administrator, at the applicant’s expense, may consult with a qualified professional to assess the accuracy of the information provided.
C. If the findings resulting from step one indicate that a critical area is present or if the Critical Areas Administrator does not concur with the finding that critical areas are not present, then the technical study shall move forward to step two.
D. Step two of the technical study shall be a thorough investigation of the identified critical area(s) by a qualified consultant and shall result in the submission of a report that adequately describes the existing conditions; at a minimum, the report shall include the criteria described in Appendix A for Technical Studies.
E. It is recommended that the qualified consultant consult with the Critical Areas Administrator prior to or during preparation of the technical study to obtain approval for modifications to the content requirements of the study.
F. It is recommended that the applicant discuss the project, discuss its impacts, and proposed mitigation with the Critical Areas Administrator prior to submission of the technical study to facilitate inclusion of appropriate mitigation measures.
G. Upon receipt of a technical study that is both complete and accurate, the critical areas review process will move forward to the completion of critical areas review. (Ord. 1398 § 2, 2006)
16.08.200 Completion of critical area review.
For projects requiring SEPA, completion of the critical areas review process is the point at which the SEPA threshold of determination is issued. For other projects, completion of the critical areas review process is the date a permit is issued, the date a final approval is granted plus the appeals period, or unless otherwise approved by the Critical Areas Administrator. (Ord. 1398 § 2, 2006)
Article IV. Critical Area Mitigation Requirements
16.08.210 Critical area mitigation.
A. All proposed critical area alterations shall include mitigation sufficient to maintain the functions and values of the critical area, compensate for the lost functions and values of the critical area, or to prevent or reduce risk from a hazard posed by a critical area.
The mitigation process shall include the following steps:
1. Avoiding the impact altogether by not taking a certain action;
2. Minimizing the impacts by limiting the degree or magnitude of an action or by otherwise adjusting the action so as to reduce impacts;
3. Rectifying the impact by repairing, rehabilitating or restoring the affected critical area to the conditions in existence prior to the start of the project;
4. Reducing or eliminating the impact over time through preservation and/or maintenance through the course of the action; and
5. Compensating for the impact by replacing impacted areas, by creating or enhancing substitute resources, or in-lieu fees.
A mitigation plan shall be completed by a qualified consultant. A mitigation plan shall describe the existing conditions of the parcel (and surrounding area) and the proposed project. The goal of the mitigation plan is to determine how a project will affect a critical area, inclusive of the buffer and provide compensation for the impact or ways to reduce the impact. A mitigation plan, as described in Appendix A, shall be prepared by a qualified consultant.
B. Mitigation, including the buffer, shall not encumber a neighboring parcel without approval from the affected party. (Ord. 1398 § 2, 2006)
16.08.220 Bonding.
A. The Critical Areas Administrator shall have the authority to require a bond in cases where components of the mitigation plan, such as restoration, monitoring or maintenance, are likely to take place after issuance of the associated permit or approval by the City.
B. The bond shall be a performance bond guaranteed by an acceptable financial institution with terms and conditions acceptable to the City Attorney.
C. The bond shall be in the amount of 150 percent of either the estimated cost of the uncompleted mitigation measures, or an estimated cost of restoring the functions and values of the critical areas at risk, whichever is greater.
D. The period of the bond shall be five years, or until the project or portions of a project have been completed and passed the necessary inspections. (Ord. 1398 § 2, 2006)
Article V. Wetlands
16.08.230 Wetland designation.
Areas that meet any of the classification criteria established below shall be designated as jurisdictional wetlands and shall be subject to the provisions of this chapter; therefore, all wetlands as described below shall be regulated by the City of Ferndale. The presence or absence of a jurisdictional wetland can only be determined by a qualified consultant. The City of Ferndale may ask for a third-party review for confirmation of the presence of a jurisdictional wetland or of a wetland delineation.
Wetlands shall be designated and delineated based on the most recent version of the “Washington State Wetlands Identification and Delineation Manual” (Washington State Department of Ecology, March 1997, Ecology Publication No. 96-94). This manual is consistent with the U.S. Corps of Engineers Wetlands Delineation Manual (January 1987). (Ord. 1398 § 2, 2006)
16.08.240 Wetland rating (categorization) and functional assessment.
Wetlands shall be rated as Category I, Category II, Category III, or Category IV based upon the most recent editions of the Washington State Department of Ecology’s “Wetlands Rating System for Western Washington” (1993).
A functional assessment that describes the functions and values of a wetland may include, but is not limited to, the methodologies described in the most recent editions of the “Wetlands Functions Characterization Tool for Linear Projects” (Washington State Department of Transportation Environmental Affairs Office, June 2000) or the “Methods for Assessing Wetland Function, Volumes 1 and 2, Parts 1 and 2,” Washington State Department of Ecology, Publication Nos. 99-116 and 99-115. (Ord. 1398 § 2, 2006)
16.08.250 Wetland technical study requirements.
The Critical Areas Administrator shall use the following as indicators of the need for a wetland technical study:
A. The site is within or adjacent to an area listed as a wetland in the City critical areas maps;
B. Documentation through any public resource information source that a wetland exists on or adjacent to the site;*
C. A finding by a qualified wetland biologist based on site-specific soils, vegetation and hydrology that the presence of a wetland is likely;
D. A reasonable belief by the Critical Areas Administrator, based on local information, that a wetland may exist on or adjacent to the site. Such a belief shall be supported through consultation with a qualified consultant;
E. Upon identification that a wetland is present or likely to be present the Critical Areas Administrator shall require that a technical study be completed;
F. A wetland technical study shall be prepared by a qualified wetlands biologist as described in Appendix A.
* In order to determine if a wetland is present on an adjacent parcel, the City shall attempt to contact the adjacent landowner for permission to access the land. If entering the neighboring parcel is not possible, the City shall make observations from the property line, use topographic maps, aerial photographs, and/or soils maps, and use best professional judgment to make a determination.
(Ord. 1398 § 2, 2006)
16.08.260 Wetland buffer requirements.
A. Standard Buffers. The following standard buffers shall be established for all wetlands based on wetland categorization. Projects are not allowed within a regulated wetland or its buffer without following the procedures set forth in this chapter:
|
Wetland Category |
Standard Buffer Width |
|
Category I |
200 feet |
|
Category II |
100 feet |
|
Category III |
50 feet |
|
Category IV |
25 feet |
B. Buffer Measurement. Buffers shall be measured horizontally in a landward direction from the delineated wetland edge.
C. Buffer Variation. The standard buffer width may be modified (increased, decreased, averaged) by the Critical Areas Administrator based on performance criteria of the existing conditions of a wetland or its buffer. (Ord. 1398 § 2, 2006)
16.08.270 Wetland mitigation requirements.
A. A wetland technical study shall be prepared by a qualified consultant. Wetland mitigation is intended to compensate for the lost functions, values, and areal extent of the wetlands and buffers disturbed. Wetland mitigation shall be the mitigation ratios set forth in the table below, but can incorporate a land swap of greater habitat value using wetland enhancement ratios described below, the use of an established and City-approved wetland mitigation bank that replaces lost functions and values, or a combination of any.
B. All projects that result in permanent or temporary loss or degradation of wetland functions and values or infringe within the regulated buffers shall provide compensatory mitigation based on best available science to offset the losses that will result from the proposed action(s).
C. A wetland mitigation plan shall be prepared by a qualified consultant that compensates for the impacts to the wetland or buffers by the proposed action/project. The wetland mitigation plan shall be written as per the criteria set forth within the most recent edition of the “Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals,” DOE, March 1994, Publication No. 94-29 or most recent update.
D. The wetland mitigation plan shall include an adequate description of the existing conditions as listed in the wetland detailed study (Appendix A).
E. The following ratios shall be used as a guide to determine the acreage of wetland or habitat to be created, restored, or enhanced in relation to the acreage of wetland loss.
|
Wetland Category |
Wetland Created/Restored:Loss |
Wetland Enhanced:Loss (can include 50 percent upland habitat) |
|
Category I |
4:1 |
8:1 |
|
Category II – forested |
3:1 |
6:1 |
|
Category II – scrub/shrub, emergent Category III |
2:1 |
4:1 |
|
Category IV |
1.25:1 |
2.5:1 |
F. A deed restriction shall be placed on the remaining on-site wetlands, wetland buffer, and mitigation area that protect the critical area from future development. If at any time the landowner believes that the critical area is no longer present, the landowner shall retain a qualified biologist to reassess the site. If the qualified biologist determines that the wetland is no longer present, the Administrator shall cause notification to be made to the relevant agencies such as the Department of Ecology or the Corps of Engineers to confirm the determination. (Ord. 1398 § 2, 2006)
Article VI. Fish and Wildlife Habitat Conservation Areas
16.08.280 Fish and wildlife habitat conservation areas designation.
Areas that meet any of the classification criteria established below shall be designated as fish and wildlife habitat conservation areas (HCA) and shall be subject to the provisions of this chapter. (Ord. 1398 § 2, 2006)
16.08.290 Fish and wildlife habitat conservation areas classification.
A. Fish habitat conservation areas shall be classified as types I through V waters or as per the most recent edition of the water typing system: WAC 222-16-030.
B. Wildlife Habitat Conservation Areas. Wildlife habitat shall include those upland areas that meet any of the following criteria:
1. Areas where threatened, endangered or sensitive species (flora and fauna) have a primary association;
2. Habitats of local importance designated by the Ferndale City Council;
3. Stream corridors designated on the City critical areas map;
4. Mature forested areas. (Ord. 1398 § 2, 2006)
16.08.300 Fish and wildlife habitat conservation areas indicators.
The Critical Areas Administrator shall use the following indicators to determine the need for a fish and wildlife habitat conservation area technical study:
A. The site is located within an area listed as a fish and wildlife HCA or river/stream habitat in the City critical areas maps;
B. Documentation through any public resource information source that a fish and wildlife HCA exists on or adjacent to the site;
C. A finding by a qualified biologist that the presence of a fish and wildlife HCA is likely;
D. A reasonable belief by the Critical Areas Administrator through local information that a fish and wildlife HCA may exist on or adjacent to the site. Such a belief shall be supported through consultation with a qualified consultant;
E. Upon identification that a fish and wildlife habitat conservation area is present or likely to be present the Critical Areas Administrator shall require that a technical study be completed. (Ord. 1398 § 2, 2006)
16.08.310 Fish and wildlife habitat conservation areas buffers.
Fish and wildlife habitat conservation areas are regulated by this chapter. Their regulated buffers are set forth below. Projects are not allowed within a fish and wildlife habitat conservation area or its buffer without following the procedures set forth in this chapter.
A. River/Stream.
1. River/Stream – Standard Buffers. The following standard buffers shall be established for all river/stream habitats based on their classification:
|
River/Stream Class |
Standard Buffer |
|
Type I Water |
200 feet |
|
Type II Water |
150 feet |
|
Type III Water |
100 feet |
|
Type IV Water |
25 feet |
|
Type V Water |
25 feet |
2. Buffer Measurement. Buffers shall be measured horizontally in a landward direction from the ordinary high water mark of the stream or river. In situations where a stream or river is within a ravine that has a slope greater than 20 percent, the buffer shall be 25 feet from the top of the slope or the designated buffer, whichever is greater. In situations where there is a wetland adjacent to the typed water, the buffer with the greater distance shall apply.
3. Buffer Variation. The standard buffer width may be modified (increased, decreased, averaged) by the Critical Areas Administrator based on performance criteria of the existing conditions of a wildlife habitat conservation area or its buffer.
4. Stream Designations. The designations, e.g., stream typings, are indicated on the critical areas map. Field verification of the typing and buffers shall be confirmed and determined by a qualified biologist. The following streams and river shall have:
Nooksack River, Type I Water, 200-foot buffer.
Ten Mile Creek, Type II Water, 150-foot buffer.
Cedar Creek, Type III Water, 100-foot buffer.
Deer Creek, Type III Water, 100-foot buffer.
Schell Creek, Type III Water, 100-foot buffer.
Silver Creek, Type III Water, 100-foot buffer.
Whiskey Creek, Type III Water, 100-foot buffer.
B. Wildlife Corridor. For wildlife habitat conservation areas such as the bald eagle (Haliaeetus leucocephalus) territories or great blue heron (Areaa herodias) colonies buffer recommendations set forth by the most recent edition of the “Management Recommendations for Washington’s Priority Habitats and Species,” WDFW May 1991 or other agency recommendations that pertain to such habitat(s) shall act as a default buffer. A qualified consultant (fish and wildlife habitat consultant) shall make recommendations based on the existing conditions and sensitivities of the habitat in question and the impacts the proposed conditions may have on said habitat.
C. A deed restriction shall be placed on the remaining on-site wildlife corridors, buffer, and mitigation area that protect the critical area from future development. If at any time the landowner believes that the critical area is no longer present, the landowner shall retain a qualified biologist to reassess the site. If the qualified biologist determines that the critical area is no longer present, the landowner shall notify the other relevant agencies such as the Department of Fish and Wildlife to confirm the determination. (Ord. 1398 § 2, 2006)
16.08.320 Fish and wildlife habitat conservation areas technical study.
A technical study (which may include a mitigation plan or habitat management plan) that protects habitat as described above) shall be prepared by a qualified consultant prior to any land disturbance if the proposed land disturbance is likely to affect a protected species or habitat, is within a designated buffer, or is adjacent to a protected species or habitat. Appendix A describes the conditions required for the completion of a fish and wildlife habitat conservation area technical study. (Ord. 1398 § 2, 2006)
Article VII. Geologically Hazardous Areas
16.08.330 Geologically hazardous areas designation.
Areas that meet any of the classification criteria established below shall be designated as geologic hazard areas and shall be subject to the provisions of this chapter. (Ord. 1398 § 2, 2006)
16.08.340 Geologically hazardous areas classification.
Geologic hazard areas shall be classified as steep slopes, earthquake-sensitive areas and volcanic debris flow areas based on the following criteria:
A. Steep Slopes. Steep slopes shall include all areas with a slope inclination greater than or equal to 35 percent with a vertical relief of 10 or more feet.
B. Earthquake-Sensitive Areas. Earthquake-sensitive areas shall include:
1. Areas where manmade fill or partially decomposed organic material average at least five feet in depth;
2. Filled wetlands;
3. Alluvial deposits subject to liquefaction during severe shaking.
C. Volcanic Debris Flow Areas. Volcanic debris flow areas shall include all areas within the 100-year floodplain as designated in the Ferndale floodplain management ordinance, Chapter 15.24 FMC. Due to the relatively low frequency of catastrophic volcanic debris flow events, the protective measures contained in the Ferndale floodplain management ordinance are deemed sufficient to reduce potential risks from such events to acceptable levels. (Ord. 1398 § 2, 2006)
16.08.350 Geologically hazardous areas indicators.
The Critical Areas Administrator shall use the following as indicators of the need for a geologically hazardous area detailed study:
A. The site is located within 200 feet of an area listed as steep slope or earthquake-sensitive area on the critical areas map;
B. Documentation through any public resource information source that a steep slope or earthquake-sensitive area exists on or within 200 feet of the site;
C. A finding by a qualified geologist or geotechnical engineer that the presence of a steep slope or earthquake-sensitive area is likely;
D. A reasonable belief by the Critical Areas Administrator that a steep slope or earthquake-sensitive area may exist on or within 200 feet of the site. Such a belief shall be supported through consultation with a qualified consultant;
E. Upon identification that a geologically hazardous area is present or likely to be present, the Critical Areas Administrator shall require that a technical study be completed (Appendix A);
F. A deed restriction shall be placed on the geologically hazardous area and buffer that protect the critical area from future development. (Ord. 1398 § 2, 2006)
16.08.360 Geologically hazardous areas performance requirements.
Alteration of a steep slope or earthquake-sensitive area or a site within 200 feet of such area shall only be permitted if the technical study indicates that the project has been designed such that the risks associated with the hazard area have been reduced to within acceptable levels. Mitigation of risks to acceptable levels shall be certified by a professional engineer or a geotechnical engineer, i.e., a qualified consultant. (Ord. 1398 § 2, 2006)
Article VIII. Aquifer Recharge Areas
16.08.370 Aquifer recharge area designation.
Aquifer recharge areas shall be designated based on meeting any one of the following criteria:
A. Wellhead protection areas designated per Chapter 246-290 WAC;
B. Sole source aquifers designated by the U.S. EPA per the Federal Safe Drinking Water Act;
C. Areas designated for special protection as part of a groundwater management program per Chapter 90.44, 90.48, or 90.58 RCW or Chapter 173-100 or 173-200 WAC; or
D. Areas overlying unprotected aquifers used as a source of potable water. (Ord. 1398 § 2, 2006)
16.08.380 Aquifer recharge area technical study requirements.
A. All proposals within a designated aquifer recharge area that require SEPA review shall be reviewed by the Critical Areas Administrator to determine the potential for adverse impacts to groundwater resources.
B. If the potential for significant adverse impacts is present, then the Critical Areas Administrator shall require preparation of an aquifer recharge area technical study.
C. An aquifer recharge area technical study shall be prepared by a qualified consultant with experience in preparing hydrogeologic site assessments. Evidence of these qualifications shall be included with the technical study.
D. The technical study shall identify the existing hydrogeologic conditions of the project site and the proposed activity’s potential to result in contamination of groundwater resources.
E. The technical study shall also identify proposed mitigation measures necessary to reduce potential impacts to groundwater resources.
F. The technical study shall include those criteria designated in Appendix A. (Ord. 1398 § 2, 2006)
16.08.390 Aquifer recharge area performance requirements.
Activities requiring preparation of an aquifer recharge area technical study shall only be permitted if the technical study indicates that the activity does not pose a significant threat to the underlying aquifer system. The Critical Areas Administrator shall establish mitigating conditions necessary to ensure protection of groundwater resources. (Ord. 1398 § 2, 2006)
Article IX. Flood Hazard Areas
16.08.400 Flood hazard areas designation.
Flood hazard areas are identified by the most recently adopted FEMA Flood Insurance Study and accompanying Flood Insurance Rate Map (FIRM) for Whatcom County, together with FEMA-approved letters of map amendment and letters of map revision. (Ord. 1398 § 2, 2006)
16.08.410 Flood hazard areas performance requirements.
All proposed development within designated flood hazard areas shall be consistent with the most current version of the City of Ferndale floodplain management regulations, Chapter 15.24 FMC. (Ord. 1398 § 2, 2006)
Article X. Definitions
16.08.420 Definitions.
“Adaptive management” means the ability of a consultant within the context of a technical study to make changes with regard to updated best available scientific evidence regarding mitigation, protection, and identification of critical areas. Adaptive management also includes the ability to change a mitigation plan by varying the final design during construction or the monitoring period due to unforeseen conditions that provide a better result in the created environment. Changes within a design shall be based on best professional judgment and best available science and documented within an as-built or monitoring report.
“Adjacent” or “adjacent to” means 200 feet of any project that is likely to affect the functions or value of a critical area. When determining and describing adjacency, the existing conditions of the buffer shall be considered. These conditions include but are not limited to roads or buildings that may functionally isolate a critical area, forested areas and fields that provide habitat or protection to a critical area, and/or corridors, ditches, or streams (water flow conveyance) that provide a connection. In some situations, greater than 200 feet may be necessary to describe adjacency such as heron colonies, bald eagle territory, or stream water quality.
“Agriculture” or “agricultural activities” means those activities directly pertaining to the production of crops or livestock including but not limited to cultivation, harvest, grazing, animal waste storage and disposal, fertilization, the operation and maintenance of farm and stock ponds, drainage ditches, irrigation systems, and canals, and normal maintenance, operation and repair of existing serviceable structures, facilities, or improved areas.
“Anadromous fish” means fish species that ascend rivers from the sea to spawn.
“Aquifer” means any geologic formation that will yield a significant amount of groundwater to a well, spring, or other withdrawal works, in sufficient quantity for beneficial use.
“Aquifer recharge areas” means areas where the prevailing geologic conditions allow infiltration rates which contribute significantly to the replacement of groundwater and which create a high potential for contamination of groundwater resources that serve as a source of potable water supplies.
“Artificial watercourse” means ditches and other water conveyance systems, not constructed from natural watercourses, which are artificially constructed and actively maintained for irrigation and drainage. Artificial watercourses include lateral field ditches used to drain farmland where the ditch did not replace a natural watercourse, roadside ditches, stormwater systems, or any other constructed drainage ditch.
“Best available science” means information gathered, analyzed and presented based on professional experience, expertise and judgment, and established scientific principles and practices. Such principles and practices include peer review, use of scientific methodology, logical analysis and reasonable inference, statistical analysis, rigorous referencing within the scientific literature, and conclusions drawn from within an accepted scientific framework and placed in an appropriate scientific context.
“Best management practices (BMP)” means physical or structural tools and/or management practices that, when used singularly or in combination, prevent or reduce adverse impacts to critical areas or their buffers.
“Biological assessment” means a study prepared by a qualified biologist that describes the biotic and abiotic aspects of the site and surrounding area. This includes, but is not limited to, the flora, fauna, plant communities, habitat(s), streams, wetlands, soils, and topography of and on the site and adjacent area.
“Biologist” means a person having specific relevant expertise who has a minimum of a bachelor’s degree in biological sciences or a related field from an accredited college or university or equivalent relevant training in fish and wildlife biology and demonstrated five years of experience as a practicing biologist in the related field.
“Buffer” or “buffer area” means the area adjacent to a critical area. This includes but is not limited to a naturally vegetated, undisturbed or revegetated zone immediately adjacent to a critical area that helps protect the critical area from adverse impacts to its functions and values or that helps provide the margin of safety necessary to minimize risk to the public.
“Compensatory mitigation” means replacing project-induced losses or adverse impacts to critical areas and includes, but is not limited to, in-kind restoration, creation, or enhancement.
“Contiguous” means land adjoining and touching other land regardless of whether or not portions of the parcel have separate assessor’s tax numbers, are purchased at different times, lie in different sections, are in different government lots, or are separated from each other by private roads or private rights-of-way.
“Creation” means actions intentionally performed to establish a critical area, or a portion of a critical area, where one did not formerly exist.
“Critical area designation” means legal identification and specification of critical areas for regulatory purposes.
“Critical area indicators” means site-specific features such as vegetation, soils, hydrology, topography or other environmental features established through a site visit or other means that indicate that critical areas are or may be present at a particular location. For critical areas such as aquifer recharge areas, where indicators cannot be identified through a site visit, indicators may be identified through use of critical area maps or other resources.
“Critical area review” means the administrative and investigative process for decision making by the City on authorizations required by this chapter. The process begins with the filing of an application for an activity within the jurisdiction of this chapter and concludes with the final critical areas determination.
“Critical area technical study” means a thorough investigation of a proposed activity and the critical area(s) it may impact as required by this chapter (refer to Appendix).
“Critical areas” means the following areas as required by Chapter 36.70A RCW and WAC 365-190-080, and as defined and regulated in this chapter: wetlands, geologically hazardous areas, fish and wildlife habitat conservation areas, frequently flooded areas, and aquifer recharge areas.
“Critical Areas Administrator” means the Ferndale Planning and Building Director and/or their duly authorized agent.
“Delineation” means the precise determination of wetland boundaries in the field according to the application of specific methodology as described in the most recent edition of the “Washington State Wetlands Identification and Delineation Manual,” Washington State Department of Ecology publication No. 96-94, and the U.S. Corps of Engineers Wetlands Delineation Manual (January 1987).
“Dike” means any manmade embankment or revetment normally set back from the river bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land; material is normally clay.
“Drainage” means the collection, conveyance, containment, and/or discharge of surface and stormwater runoff.
“Drainage ditch” means an artificial watercourse constructed to drain surface or groundwater.
“Endangered species” means a native species that is designated by the state of Washington or federal fish or wildlife agency as likely to be extirpated from the state through loss of habitat, prey species, or loss of life.
“Enhancement” means an action that improves critical area functions or values.
“Final critical areas determination” means the determination by the Critical Areas Administrator that a development activity, as proposed or conditioned, is or is not adequate to mitigate potential impacts to affected critical areas and comply with applicable performance requirements. The determination will be either favorable or unfavorable, indicating that the proposed activity is or is not authorized.
“Fish and wildlife habitat conservation areas (HCA)” means areas with which endangered, threatened, sensitive, priority species, their habitat, streams, stream corridors, or mature forested areas, as indicated by local, state, or federal governmental agencies, have a primary association.
“Frequently flooded areas” means areas of special flood hazard as designated and regulated pursuant to Chapter 15.24 FMC, Floodplain Management.
“Functional isolation” means a critical area is separated from a proposed project by a preexisting nonconforming use such as a road but the proposed project is still within the regulated buffer.
“Functions” means those natural processes performed by a critical area and its components.
“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geologic events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
“Geologist” means a person who has received a degree in geology from an accredited college.
“Geotechnical engineer” means a person who is licensed as a civil engineer with the state of Washington and who has recent, related experience as a professional geotechnical engineer.
“Groundwater” means all waters that exist beneath the land surface or beneath the bed of any body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves.
“Habitats of local importance” means a seasonal range or habitat element with which a designated species of local importance has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term.
“Hydrogeologic,” as referred to in this chapter, is the study of groundwater.
“Initial critical areas determination” means the determination by the Critical Areas Administrator that a proposed activity is within or in proximity to a critical area or would have probable significant adverse impact to a critical area.
“In-kind compensation” means to replace critical areas, such as wetlands, with substitute critical areas whose characteristics closely approximate those affected by a regulated activity.
“In-lieu fee” means a fee paid as compensation for impacting a critical area in place of completing compensatory mitigation. Any in-lieu fee paid shall go towards protection of habitat commensurate to compensate the lost functions and values of the critical area affected by a development.
“Mature forest” is a coniferous forest that has a mean age stand greater than 75 years old or a deciduous forest that has a mean age stand greater than 50 years old.
“Mitigation” means avoiding, minimizing, reducing, rectifying, eliminating or compensating for project-induced, adverse impacts to critical areas.
“Mitigation bank” means a properly developed collection of existing, created, restored or enhanced wetlands and their protective buffers that are created or established using best available science to provide mitigation credits to offset future adverse impacts to wetlands from approved projects elsewhere.
“Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse impacts to critical areas.
“Modified natural watercourse” means that segment of a natural watercourse that has been modified and is maintained by diking and drainage districts, and where such modification was not the result of an illegal action.
“National wetland inventory” means an inventory that was developed by the U.S. Fish and Wildlife Service, which used aerial photography to map wetlands across the United States.
“Native vegetation” means plant species that are indigenous to the area.
“Natural watercourse” means any stream in existence prior to settlement that originated from a natural source. An example of a natural watercourse is a stream that originates in a wetland or upland area, flows through agricultural, rural and/or urban land, and ultimately empties into a saltwater bay or another watercourse. A natural watercourse may have been ditched or piped.
“Off-site” means an action away from the site or not on the site at which a critical area has been or will likely be adversely impacted by a regulated activity.
“Ongoing agriculture” means the continuation of any existing agricultural activity including crop rotations as designated by the Natural Resources Conservation Service.
“On-site” means action on or immediately adjacent to the site at which a critical area has been or will likely be adversely impacted by a regulated activity.
“Ordinary high water mark (OHWM)” means the mark on the shores of all water which will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining freshwater shall be the line of mean high water. (WAC 173-22-030.)
“Out-of-kind compensation” is to replace critical areas, such as wetlands, with substitute critical areas whose characteristics do not closely approximate those affected by a regulated activity.
“Passive recreation” means use of the land that does not involve any land disturbance such as cutting vegetation, disturbing soil, or recreation vehicle use. Passive recreation includes but is not limited to bird watching, fishing, and hiking.
“Performance requirements” means specific, measurable criteria that a proposed development activity must conform to and that may be used to determine the degree to which said activity complies with the provisions of this chapter.
“Potable water” means water that meets the quality standards for drinking purposes as established by the state of Washington.
“Primary association” means habitat that is used by a plant or animal species that is necessary for survival, but does not include incidental areas used by faunal species.
“Qualified consultant” means a person having relevant expertise through education, training and/or experience who is capable of providing the specified professional services at the level required by this chapter. Qualified consultants include fish and/or wildlife biologists, geologists or geotechnical engineers, and wetland specialists. Experience shall be a minimum of five years’ full-time work in the related field.
“Reasonable use” means use and development of land at the minimum necessary to not preclude economic use of the land as it is zoned.
“Restoration” means the return of a critical area or buffer to a state in which its functions and values approach its unaltered state as closely as possible.
“Riparian area” means the portion of habitat extending from the ordinary high water mark (OHWM) of a stream to that part of the upland influenced by elevated water tables or flooding. It includes the area that directly influences the aquatic ecosystem, provided riparian areas associated with an existing system of dikes and levees shall not extend beyond the toe of the slope on the landward side of the dike or levee structure.
“Sensitive species” means a species, native to the state of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or the removal of threats as designated by WAC 232-12-011.
“Shoreline master program” means the shoreline master program of the City of Ferndale as codified in the Ferndale Municipal Code.
“Site assessment” means a site-specific analysis that identifies the presence of critical areas, classifies and designates each critical area, documents site conditions, analyzes project-generated impacts, and identifies appropriate mitigative measures. Site assessments include wetland reports, hydrogeologic reports, and habitat management plans.
“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance from the toe to the top of the surface. The slope may also be expressed as a percent based on the quotient of the vertical distance divided by the horizontal distance.
“Species of local importance” means those species that may not be endangered, threatened or sensitive from a statewide perspective, but are of local concern due to their population status, sensitivity to habitat manipulation, or other educational, cultural or historic attributes. A species shall only be considered as being of local importance upon official designation as such by the City Council.
“Stream” means a natural flow of water.
“Technical Review Committee meeting” is a meeting requested by an applicant to have the Directors of Planning and Building, Public Works, and Parks including the Fire Marshal or other personnel review a proposed development application and provide comments regarding conformance with City of Ferndale regulations.
“Technical study” means a thorough investigation of the subject parcel, the proposed activity, and the critical area(s) a proposed activity may impact as required by this chapter.
“Threatened species” means a species, native to the state of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats as designated by WAC 232-12-011.
“Values” means the desirable attributes associated with a critical area and its components that contribute to public health, safety and welfare, or biological diversity.
“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater 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 soft conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the purposes of this chapter, those portions of a lake that meet the definitional criteria for “wetland” shall be regulated under the wetland section of this chapter. 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, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.
“Wetland delineation” means mapping wetlands and establishing a wetland edge or boundary in accordance with the manual adopted under RCW 36.70A.175 pursuant to RCW 90.58.380.
“Wetland reconnaissance” means a site assessment of wetlands in accordance with the methodologies stipulated in the manual adopted under RCW 36.70A.175 pursuant to RCW 90.58.380.
“Wetland specialist” means a person who has earned a bachelor’s degree in science with specific or related course work in wetland ecology, hydrology or soils science from an accredited college or university and who has five years of professional experience in wetland delineation, functional assessment and mitigation or equivalent training and experience. A professional wetland scientist (PWS) certified through the Society of Wetland Scientists or Washington State may be required at the discretion of the Critical Areas Administrator.
“Wildlife corridor” means a linear travel route that is commonly used by faunal species. Wildlife corridors may include but are not limited to streams, riparian zones, flyways, fallow fields, or a connection of forested areas. Roads, developments, homesites, and agricultural fields may intersect wildlife corridors. (Ord. 1398 § 2, 2006)
Article XI. Appendix A
Appendix A
A. Technical Study Criteria. The technical study is a report that describes the critical area, the existing conditions of the parcel and surrounding area, the proposed conditions, and may include how the proposed conditions will or may affect the regulated critical area. Actual contents of the technical study will vary depending on the critical area involved, the proposed development, and advice from the Critical Areas Administrator. A technical study may be or include a mitigation plan, wetland study, fish and wildlife habitat study, geologically hazardous area study, an aquifer recharge study, a flood hazard study, or other study or report that satisfies the requirements of this chapter.
In general the technical study shall include:
1. A description of the methods used and names and qualifications of consultants performing the field work;
2. A location map of subject parcel;
3. A survey or drawing of the parcel with north arrow and scale;
4. A description of the biotic and abiotic conditions of the parcel, that includes at a minimum a description of the soils, vegetation, and hydrology;
5. The location, boundary and extent of the critical area and regulated buffer;
6. Detailed description of the critical area, its functions, values and/or associated hazard;
7. A description of the surrounding properties;
8. A description of critical areas within 200 feet of the subject parcel if practical;
9. A discussion of the regulations that pertain to the critical areas identified;
10. A separate compensatory mitigation plan if required by this chapter or suggestions regarding mitigating measures to offset and/or compensate for the effects the proposed development may have on the critical area.
B. Mitigation Plan. All proposed mitigation shall be contained in a proposed mitigation plan. Actual contents of the mitigation plan will vary depending on the critical area involved, the proposed development, and advice from the Critical Areas Administrator. At a minimum, the mitigation plan shall include the following:
1. A description and drawing of the existing conditions;
2. A description and drawing of the proposed conditions, i.e., project;
3. Proposed mitigation;
4. How the proposed mitigation will maintain or compensate for the lost functions and values of the critical area or reduce potential risks posed by the critical area;
5. Monitoring and/or inspections that are deemed necessary to ensure the adequacy of the proposed mitigation, a minimum five-year monitoring period is recommended;
6. Remedial measures that may be necessary based on the results of monitoring and/or inspection;
7. Professional expertise necessary to install, maintain, monitor or inspect proposed mitigation measures;
8. Any bonding deemed necessary to ensure performance and/or maintenance of the proposed mitigation;
9. All mitigation plans may include adaptive management strategies; and
10. Mitigation for biological work shall occur, in order of preference: a. on-site and in-kind, b. on-site and out-of-kind, c. off-site, d. out-of-kind.
C. Wetland Technical Study Requirements. A wetland technical study shall be completed by a qualified wetland specialist that adequately describes the existing conditions of the parcel and shall include at a minimum the following information:
1. Description of the methods used and names and qualifications of wetland consultant(s) performing the fieldwork;
2. Location map of subject parcel;
3. A survey or adequate drawing of the parcel indicating property boundaries, north arrow, scale, and topography;
4. A description of the biotic and abiotic conditions of the parcel, that includes at a minimum a description of the soils, vegetation, and hydrology;
5. Identification of the extent and boundaries of all wetlands and wetland category as determined according to the methodology identified in FMC 16.08.240 and 16.08.250, and their regulated buffer;
6. Detailed description of the wetland functions and values and a description of the wetland community and classification (rating, categorization and description of the functions and values) prepared according to the classification system identified in FMC 16.08.250. The assessment of wetland functions and values shall address the following if applicable: fish and wildlife habitat; buffer size and function; age and classes of the wetland communities and populations; ecotone complexity; enhancement potential; flood and storm drainage potential; presence of sensitive, threatened, or endangered plants or animals; size of wetland or habitat; support of baseflow and surface/groundwater recharge and discharge; uniqueness of habitat to area or in general; water quality functions; wetland/habitat classification diversity; wildlife corridors and linkage to other habitats; (functional) isolation; and aesthetics, or other appropriate functions;
7. A description of the surrounding properties;
8. A description of critical areas within 200 feet of the subject parcel if practical;
9. A description and discussion of the regulations (local, state, and federal) that pertain to critical areas on the subject parcel.
D. Fish and Wildlife Habitat Conservation Areas Technical Study Requirements. A fish and wildlife HCA technical study shall be prepared by a qualified biologist and shall include the following:
1. Description of the methods used and names and qualifications of consultant(s) performing the field work;
2. Location map of subject parcel;
3. Survey of the parcel indicating property boundaries, north arrow, scale, and topography;
4. Identification of the type, location and extent of the HCA on the project site plan that adequately describes the existing conditions of the parcel;
5. A description of the surrounding properties;
6. A description of HCAs within 200 feet of the subject parcel if practical;
7. A regulatory analysis, including a discussion of any federal, state, tribal and/or local requirements or management recommendations that have been developed for the species and/or habitats in question;
8. This study may include a habitat management plan to protect or mitigate for disturbances to protected species.
E. Geologically Hazardous Areas Technical Study Requirements. A geologically hazardous area technical study shall be prepared by a qualified geologist or geotechnical engineer and shall include the following:
1. Identification of the type, location and extent of the hazard area on the project site plan;
2. An assessment of the geologic and engineering characteristics of the proposed sites;
3. A geotechnical analysis of the project in relation to the proposed site, including discussion of potential impacts on the hazard area, the project site and adjacent properties;
4. A mitigation plan, including documentation of preparation or concurrence by a professional engineer, discussing how the project has been designed to avoid or minimize risks associated with the identified hazard area.
F. Aquifer Recharge Area Technical Study Requirements. All proposals within a designated aquifer recharge area that require SEPA review shall be reviewed by the Critical Areas Administrator to determine the potential for adverse impacts to groundwater resources. If the potential for significant adverse impacts is present, then the Critical Areas Administrator shall require preparation of an aquifer recharge area technical study. An aquifer recharge area technical study shall be prepared by a qualified consultant such as a geologist or geotechnical engineer and shall include the following:
1. An aquifer recharge area technical study shall be prepared by a qualified consultant with experience in preparing hydrogeologic site assessments. Evidence of these qualifications shall be included with the technical study.
2. The technical study shall identify the existing hydrogeologic conditions of the project site and the proposed activity’s potential to result in contamination of groundwater resources.
3. The technical study shall also identify proposed mitigation measures necessary to reduce potential impacts to groundwater resources.
G. Flood Hazard Areas Technical Study Requirements. A flood hazard areas report shall be prepared by a qualified professional who is a hydrologist, or engineer, who is licensed in the state of Washington with experience in preparing flood hazard assessments.
1. The site area of the proposed activity;
2. All areas of a special flood hazard area, as indicated on the flood insurance map(s), such as the 100-year flood elevation, 10- and 50-year flood elevations, floodway within 200 feet of the project area;
3. All other flood areas indicated on the flood insurance map(s) within 200 feet of the project area;
4. Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the floodplain;
5. Clearing limits;
6. Elevation of the lowest floor (including basement) of all structures, and the level to which any nonresidential structure has been floodproofed. (Ord. 1398 § 2, 2006)