Chapter 18.20
CRITICAL AREAS*
Sections:
18.20.010 Definitions.
18.20.020 Applicability—Regulated activities.
18.20.030 Exemptions.
18.20.040 Optional incentives for nondevelopment of critical areas.
18.20.050 Critical areas permits—Applications and approvals.
18.20.060 Relationship to other regulations.
18.20.070 Critical area inventory maps.
18.20.080 Critical area wetlands.
18.20.090 Fish and wildlife habitat conservation areas.
18.20.100 Frequently flooded critical areas.
18.20.110 Geologic hazard areas.
18.20.120 Critical aquifer recharge areas.
18.20.130 Mitigation plan performance standards—Planning requirements.
18.20.140 Variance/reasonable use allowance.
18.20.150 Appeals.
18.20.160 Violation—Penalty.
18.20.170 Fees.
18.20.180 Liability for damages.
18.20.190 Severability.
Appendix A—Geotechnical Assessments
Appendix B—Erosion Hazard Assessments (Stream/Hillsides)
Appendix C—Geotechnical Report
Appendix D—Wetland Assessment
Appendix E—Habitat Management Plan Requirements
Appendix F—Hydrogeologic Testing and Site Evaluation
* Ordinance 3373 adds these provisions as Chapter 18.16. The chapter has been editorially renumbered to prevent duplication.
18.20.010 Definitions.
The definitions contained in RCW 36.70A.030 insofar as they pertain to terms used herein, as they now exist or are hereafter amended, are adopted by this reference to be used in the administration of this chapter unless the context clearly appears otherwise. (Ord. 3509 § 1, 2003; Ord. 3373 § 1, 1997)
18.20.020 Applicability—Regulated activities.
All persons proposing development in critical areas or their buffers shall first obtain a critical areas permit pursuant to this chapter, except as exempted pursuant to Section 18.20.030. Development activities shall include but are not limited to the following:
A. Removing, clearing, grading, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;
B. Dumping, discharging, or filling with any material;
C. Subdivisions, short subdivisions, planned unit residential developments (PURDs), mobile home parks and recreational vehicle (RV) parks;
D. Construction, reconstruction, demolition, or alteration of the size of any structure or infrastructure;
E. Construction of any new public or private road or driveway;
F. Destroying, planting, or altering vegetation through clearing, harvesting, cutting, intentional burning, shading, or planting nonnative species where these activities would alter the character of a critical area, or its buffer;
G. Draining, flooding, or disturbing the water level or water table;
H. Activities causing significant adverse changes in water temperature, physical or chemical changes of water sources to wetlands or surface water systems;
I. Application of pesticides, fertilizers, herbicides, and/or other chemicals in amounts or at times demonstrated as harmful to wetland habitat, riparian corridors associated with surface water systems, or wildlife or fish life. (Ord. 3509 § 2, 2003; Ord. 3373 § 1, 1997)
18.20.030 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A. Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, Chapter 76.09 RCW and WAC Title 222, where state law specifically limits local authority, except with regard to developments and conversions requiring local approval, when the city is the lead agency for environmental review.
B. Development occurring within a volcanic hazard area as described in Section 18.20.110A5 and containing no other critical area as defined by this chapter.
C. Development occurring within frequently flooded areas and containing no other critical area as defined by this chapter; provided, the development meets the requirements of Chapter 18.12 of this code regarding floodplains.
D. Maintenance, operation, reconstruction of existing public and private roads, streets, driveways, utility lines, and existing structures; provided, that reconstruction of any such facilities does not extend outside the previously disturbed area.
E. Installation, construction, or replacement of utility lines in improved city right-of-way, not including electric substations.
F. The removal or control of noxious weeds by nonmechanical means.
G. Maintenance of ground cover or other vegetation in a critical area or buffer area that was disturbed prior to the effective date of the ordinance codified in this chapter; provided, that no further disturbance is created.
H. Minimal site investigative work required by a city, state, or federal agency, or any other applicant such as surveys, soil logs, percolation tests, and other related activities; provided impacts on environmentally critical areas are minimized and disturbed areas are restored to the pre-existing level of function and value within one year after tests are concluded.
I. Passive recreational uses such as sport fishing, scientific or educational review, or similar minimum impact, nondevelopment activities.
J. Maintenance of intentionally created artificial wetlands or surface water systems including irrigation and drainage ditches, grass-lined swales and canals, detention facilities and landscape or ornamental amenities. Wetlands, streams, lakes, or ponds created as mitigation for approved land use activities or that provide critical habitat are not exempt and shall be regulated according to the mitigation plan.
K. Activities occurring in nonregulated wetlands. Shoreline, state, and federal regulations may apply to wetlands not regulated under this chapter.
L. Emergency actions that must be undertaken immediately or for which there is insufficient time for full compliance with this chapter when it is necessary to prevent an imminent threat to public health or safety, public and private property or serious environmental degradation.
1. In the event a person or emergency agency determines that the need to take emergency action is so urgent that there is insufficient time for review by the department, such emergency action may be taken immediately;
2. The person or agency undertaking such action shall notify the department within one working day following the commencement of the emergency activity. Following such notification the department shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. Emergency repair or restoration activities shall be limited to the minimum work necessary to alleviate the emergency. Verbal hydraulic project approvals (HPAs) are required from Washington Department of Fish and Wildlife (WDFW); even for emergency work affecting waters of the state, WDFW may require restoration of damage to critical areas. If the department determines that the action taken or part of the action taken is beyond the scope of allowed emergency actions, enforcement action is authorized, as outlined in Section 18.20.160. (Ord. 3509 § 3, 2003; Ord. 3373 § 1, 1997)
18.20.040 Optional incentives for nondevelopment of critical areas.
A. Conservation Easement. Any person who owns an identified critical area as defined by this chapter shall be entitled to place a conservation easement over that portion of the property designated a critical area by naming the city or its qualified designee under RCW 64.04.130 as beneficiary of the conservation easement. The purpose of the conservation easement shall be to protect, preserve, maintain, restore, limit the future use of, or conserve for open space purposes, the land designated as critical area(s), in accordance with RCW 64.04.130. Details governing easement restrictions shall be negotiated between the property owners and the city.
B. Density Points (Planned Unit Development—PUDs). The city shall allow transfer of density for residential uses from lands containing critical areas, as defined by this chapter, when developed pursuant to Chapter 16.36 of this code. Residential density may only be transferred from a critical area to an area on the same site that is not a critical area.
C. Bonus Density Credits. For development proposals on lands determined to contain critical areas as defined by this chapter, the city shall determine allowable dwelling units for residential development proposals based on the formula below:
|
Percentage of Site in Critical Area |
Density Credit |
|
1—30 |
90% |
|
31—60 |
70% |
|
61—90 |
50% |
The density credit can only be applied within the development proposal site. The applicant may reduce lot sizes below the minimum required for that zoning district (RSF, RMF) to accommodate the transfer of density but it cannot change the residential uses permitted in the zone.
D. Land Exchange. State agencies or local government may convey, sell, lease, or trade existing public lands in order to obtain public ownership of a fee interest, leasehold interest, or conservation easement over all or part of a critical area. Such exchanges may occur only upon agreement between the record owner and state and local agencies authorized to exchange the subject land.
E. Process for Land Exchange.
1. There shall be no time limitation on applications for land exchanges. All applications for land exchanges must be filed in accordance with the requirements of this section. For the purposes of this section, any requirements to provide information, appraisals or notice relating to the “property” or “subject property” shall apply to all properties involved in the proposed exchange.
2. Contents of Claim. The applicant is responsible for submitting a complete and accurate application. Such application shall include, at minimum:
a. Completed master application and/or any required supplement sheets signed by the record owner of the property.
b. A map, drawn to scale, showing the following information:
i. Name, address, and telephone number of the property owner(s);
ii. Name, address and telephone number of the preparer of the application;
iii. Date of submittal;
iv. Property boundary lines;
v. Legal description of the property;
vi. Description of the nature, size, and location of the critical area located on the property, as determined by a qualified expert;
vii. All existing public or private roads, sewer and water lines, wells, utilities, easements, watercourses, lakes, springs, drainage facilities, on-site sewage disposal drainfield areas, on and within one hundred feet of the property boundaries;
viii. The boundaries of all lands reserved in the deeds for the common uses of the property owners.
c. A written appraisal from a licensed appraiser of the fair market value of the properties subject to the critical area regulations in this chapter and a written appraisal by the same appraiser of the fair market value of the property not subject to the critical area regulations in this chapter.
d. All other information identified by the director of community development during the preapplication conference.
3. Director’s Action. The director shall determine if the application is complete in accordance with the requirements contained in Section 17.124.060. If additional information is necessary, the application shall be returned to the property owner, together with a list identifying the deficiencies. When the application is complete, the director shall consult with the county assessor for a comparison of the fair market value of the property when subject to the critical area regulations in this chapter with the fair market value of the property if not subject to the critical area regulations in this chapter.
4. Planning Commission Action. The planning commission shall hold a public hearing to review all property owner requests, pursuant to this section. Notice of public hearing shall be made in accordance with the requirements contained in Section 17.124.090.
F. Process for Conservation Easement or Density.
1. Time for Claim. Record owners of real property seeking relief under this section shall file with the city a claim application for a conservation easement, density incentives, or density credits. The application may be filed at any time; provided, that all applications be filed in accordance with the requirements of this section.
2. Contents of Claim. The applicant is responsible for submitting a complete and accurate application. Such application shall include, at minimum:
a. Completed master application and/or any required supplement sheets signed by the record owner of the property.
b. A map drawn to scale, showing the following information:
i. Name, address, and telephone number of the property owner(s);
ii. Name, address, and telephone number of the preparer of the application;
iii. Date of submittal;
iv. Property boundary lines;
v. A legal description of the property;
vi. A description of the nature, size, and location of the critical area located on the property, as determined by a qualified specialist;
vii. All existing and/or public and private roads, sewer, and water lines, wells, county utilities, easements, watercourses, lakes, springs, drainage facilities, on-site sewage disposal drainfield areas, on and within one hundred feet of the property boundaries;
viii. The boundaries of all lands reserved in the deeds for the common uses of the property owners;
ix. All other information identified by the director during the preapplication conference.
3. Director’s Action. Once the application has been determined to be complete, the director shall then determine whether all or part of the property is in fact subject to any of the critical area regulations contained in this chapter. The director shall forward such findings to the planning commission.
4. Planning Commission Decision. In accordance with the provisions contained in Section 17.124.120, the planning commission shall make the final determination on whether all or part of the property is subject to this chapter. For conservation easement applications, if the planning commission determines that all or part of the property is subject to this chapter, the city shall accept a conservation easement over that portion of the property subject to this chapter to the extent requested by the record owner of the property. For density incentive applications, the planning commission shall approve requested density transfers in conjunction with a final approval of a planned unit development (PUD). (Ord. 3621 § 1, 2006; Ord. 3509 § 4, 2003; Ord. 3373 § 1, 1997)
18.20.050 Critical areas permits—Applications and approvals.
All persons proposing to develop in critical areas or associated buffers shall first obtain a critical areas permit pursuant to this chapter, except as exempted in Section 18.20.030. All critical areas permit applications shall proceed in conformance with this section.
A. Critical Areas Permit—Coordination with Other Permits. To avoid duplication, the information required by this section shall be coordinated by the city with the assessments and requirements for other associated permits.
B. Request for Determination of Critical Areas. Staff will conduct an environmental review, based on existing in-house data and a site(s) visit, to determine if critical areas exist on a parcel; provided, that the applicant supplies the following:
1. A completed master application and vicinity map;
2. An assessor’s map of the property;
3. A fee in the amount established by resolution of the city council, paid to the department at the time an application for a critical area determination is submitted; and
4. Other information as needed. When the determination of critical areas has been completed, a letter will be issued to the applicant, placed in a correspondence file, and a copy sent to the property owner if different. A property owner may request a re-evaluation by the department once in any twelve-month period when a change in physical conditions or government institutional actions warrants such re-evaluation.
C. Critical Areas Permit. A critical areas permit is required if it is determined that the proposed alteration or development is located within a critical area or associated buffer.
The permit application shall at a minimum include the following:
1. A completed master application, signed by the applicant and the property owner if different from the applicant, a vicinity map, environmental checklist, and any supplemental information required by the director.
2. A site plan drawn to scale. The site plan should clearly show the following information:
a. North arrow;
b. Property line dimensions;
c. Location and dimensions of all existing and proposed development or alterations, including public and private roads, sewer and water lines, wells, utilities, easements, watercourses, lakes and springs, drainage facilities, on-site sewage disposal and drainfield areas within the property boundary.
3. Technical assessments shall be attached to or incorporated into any environmental checklist required for the proposal.
4. Fees. A fee in the amount established from time to time by resolution of the city council shall be paid to the department at the time an application for critical areas permits, including conservation easements, bonus density points, density credits, and land exchange is filed.
D. Expert Qualifications and City Review. The applicant or a qualified expert shall prepare all critical area technical assessments and studies required of the applicant by this chapter. The director’s decision to require additional studies will be based on the complexity of the project and/or a site inspection.
E. Comments. The department shall have the option of soliciting comments and technical assistance on the critical areas permit application from resource agencies; these agencies shall have thirty days to respond. WSDOT will be contacted for comments for activities occurring within one mile of a WSDOT State Route (SR).
F. Unless the qualified expert is agreed upon by the city and the developer, permits shall be required to undergo third party review.
1. Third party review requires the applicant’s technical studies to be reviewed by an independent and impartial consultant.
2. The third party review shall be completed by a qualified consultant paid for by the applicant, but hired by the director.
G. Permit Action. For actions for development permits where the decisions are made administratively, the director may approve, approve with modifications and/or conditions, or deny a critical areas permit. Any notification of approval shall include the conditions, modifications and restrictions regarding the location, character, and other features of the proposed development the director finds necessary to make the proposal compatible with the purposes and standards of this chapter. Prior to notification of approval, approval with conditions/modifications, or denial, the decisionmaker(s) shall make findings that:
1. Confirm the nature and type of the critical area;
2. Determine if a proposed alteration to a critical area meets the standards contained in this chapter; and
3. Determine if the assurances for the mitigation proposed by the applicant are sufficient to protect the critical area consistent with this chapter.
H. Permit Duration. Permitted development must be complete within five years. Upon application for an extension and payment of the fees as established from time to time by resolution of the city council, critical area permits may be extended annually at the discretion of the planning commission. Permits run with the land. (Ord. 3608 § 1, 2006; Ord. 3509 § 5, 2003; Ord. 3373 § 1, 1997)
18.20.060 Relationship to other regulations.
Areas characterized by a particular critical area may also be subject to other regulations due to the overlap of multiple functions of critical areas. In the event of any conflict between these regulations and any other regulations of the city, such as, but not limited to, shoreline management, environmental policy, and the Federal Clean Water Act, the regulations which provide the greater protection for critical areas shall apply with the exception of incentive options. No permit granted pursuant to this chapter shall remove applicant’s obligation to comply in all respects with the applicable provision of any other federal, state, or local law or regulation. (Ord. 3509 § 6, 2003; Ord. 3373 § 1, 1997)
18.20.070 Critical area inventory maps.
The approximate location and extent of critical areas and lands within the city planning area are shown on the maps adopted as part of this chapter. These maps are based on the best available information and are intended to be used as a general guide for the assistance of property owners and as information for the public. Boundaries are generalized; field investigation and analysis by a qualified expert may be required to confirm the existence of a critical area. The city will update information and resource material as it becomes available and feasible.
In the event of any conflict between the location, designation, or classification of a critical area shown on the city maps and the criteria or standards of this section, the criteria and standards and the determination of any field investigation shall prevail.
Summary of Map Sources
|
Topic |
Map/Data Source(s) |
|
Geologically Hazardous Areas |
1. Geologic Hazard Map of Cowlitz County, Cowlitz-Wahkiakum Council of Governments, 1993, as amended. |
|
2. Karl Wegman DNR Landslide Study 2003—Digital Landslide Inventory Cowlitz County, WA, City of Kelso and Vicinity, as amended. |
|
|
Frequently Flooded Areas |
3. FEMA, National Flood Insurance Program, Flood Insurance Rate Maps. |
|
Critical Aquifer Recharge Areas |
4. Cowlitz County Aquifer Recharge Map, Cowlitz-Wahkiakum Council of Governments, 1993, as amended. |
|
Wetlands |
5. Cowlitz County Wetlands Map, Cowlitz-Wahkiakum Council of Governments, 1993, as amended. Source: Hydric Soils, USDA, Soil Conservation Service, National Wetlands Inventory Maps, U.S. Department of Interior, Fish and Wildlife Service. |
|
Fish and Wildlife Habitat Conservation Areas |
6. Habitat and Species Maps, Washington Department of Wildlife, 1991, as amended. |
|
7. Forest Practice Act Stream Mapping. |
(Ord. 3578 § 1, 2005; Ord. 3509 § 7, 2003; Ord. 3373 § 1, 1997)
18.20.080 Critical area wetlands.
A. Wetland Classification. Wetlands are classified according to the following scheme, and regulated according to the threshold outlined in subsection B of this section. Wetlands shall be classified in accordance to the Washington State Wetland Rating System Manual, Department of Ecology Publication #93-74.
1. Category 1—Documented site-specific habitat for state or federally listed endangered, threatened, or sensitive animal species. (Chapter 232-12 WAC, Department of Wildlife, Permanent Regulations, as amended).
2. Category 2.
a. High quality, regionally rare, wetland with irreplaceable ecological functions; or
b. Complex wetlands of three or more wetland types which cannot be replicated through newly created wetlands or restoration; or
c. Wetlands improved, enhanced, or created by agency approved mitigation projects.
3. Category 3.
a. Wetlands of sufficient characteristics to provide any of the following:
i. Flood control functions, or
ii. Ground and surface water aquifer recharge function, or
iii. Significant fish and wildlife habitat, or
iv. Water quality attributes for sediment retention and pollution control;
b. Wetlands of any size created as a result of agency approved and permitted mitigation projects.
4. Category 4. Those wetlands that are not Category 1, 2, or 3.
B. Wetland Designation. For the purposes of this chapter “regulated wetlands” include all wetland Categories 1, 2, and 3, with no minimum size thresholds.
C. Development Limitations—Alterations of Wetlands. Alteration of all wetland Category 1, 2, 3, or 4 should be fully mitigated and not be allowed unless project sequencing has been followed. Regulated development shall conform with and be governed by the following:
1. Alteration of Category 1 wetlands is prohibited unless the alteration would improve habitat to threatened or endangered species occupying the habitat. This improvement of both functions and values must be demonstrated within the wetland technical study and the mitigation plan. A qualified expert may use best professional judgment to design a plan to allow such alterations to Category 1 wetland types.
2. Alteration of Category 2 regulated wetlands may be allowed only when it is demonstrated by a qualified expert through a wetlands site assessment that any of the following criteria are met:
a. Public benefit will accrue through the alteration and no reasonable and practical alternative to the alteration exists through on-site design or through acquisition of additional area; or
b. The alteration would enhance or maintain the existing wetland function and value, or the alteration would create a higher value or less common wetland type which would improve the function or value of the wetland as indicated within the wetland technical study and the mitigation plan.
3. Alteration of Category 3 regulated wetlands may be allowed only when it is demonstrated through a wetlands site evaluation that any of the following criteria are met:
a. Public benefit will accrue through the alteration and absence of reasonable practicable alternative; or
b. No reasonable and practical alternative to the alteration exists through on-site design.
4. Alteration of Category 4 regulated wetlands may be allowed if feasible alternatives cannot be identified during the site plan review process and other state and federal regulatory agencies concur with the alteration.
D. Wetland Buffers. Wetland buffers shall be designated in accordance to the Washington State Wetland Rating System Manual, Department of Ecology Publication No. 93-74, page 61.
1. Buffers are required for all regulated wetlands. Wetland buffer widths are established in Table 1 of this section.
2. Buffer widths shall be measured perpendicular to the delineated boundaries of the regulated wetland and extend the required distance.
3. Variable buffer widths intended to protect the physical functions of the wetland shall be based on a site visit, by both staff and applicant, to evaluate the impact of current and proposed land use on the regulated site. Wetland physical functions include but are not limited to flood control functions, ground and surface water aquifer recharge functions, sediment retention and pollution control functions (refer to subsection E of this section for buffer averaging).
4. Wetland buffer widths intended to protect fish and wildlife habitat shall be based on Table 1.
5. Buffer width can be reduced below minimums when site-specific, abrupt topographical changes, such as cliffs, indicate the wetland function will be protected with reduced buffer widths.
|
Table 1 |
|
|
Wetlands Category |
Buffer Width (Minimum) |
|
Category 1 |
200 feet |
|
Category 2 |
100 feet |
|
Category 3 |
50 feet |
|
Category 4 |
50 feet |
Source: Wetland Buffers: Use and Effectiveness, February 1992, Publication Number 92-10.
E. Wetland Buffer Width Averaging.
1. Buffer widths may be modified by averaging buffer widths or by enhancing buffer quality as set forth herein:
a. Buffer width averaging shall be allowed only where the applicant demonstrates to the department that the wetland contains variations in sensitivity due to existing physical characteristics, that lower intensity land uses would be located adjacent to areas where the buffer width is reduced, that width averaging will not adversely impact the wetland functional values, and that the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging.
b. Buffer width may be reduced by up to twenty-five percent if an applicant undertakes measures approved by the department to enhance the buffer, including, but not limited to, planting of native trees or shrubs, increasing the diversity of plant cover types, or replacement of exotic species with native species.
2. Notwithstanding the reductions permitted in subsections E1a and b of this section, buffer widths shall not be reduced by more than fifty percent of the required buffer or to less than twenty-five feet.
3. The minimum buffer width stated in Table 1 of this section shall not be increased more than one hundred twenty-five percent (buffer width times 1.25) when the qualified consultant determines, based upon a site-specific wetland analysis, that impacts on the wetland from a proposed development can only be mitigated by a greater buffer width. The standard wetland buffer width shall be increased:
a. When the adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or
b. When the standard buffer has minimal or degraded vegetative cover that cannot be improved through enhancement; or
c. When the minimum buffer for a wetland extends into an area with a slope of greater than fifteen percent, the buffer shall be the greater of:
i. The minimum buffer for that particular wetland; or
ii. Twenty-five feet beyond the point where the slope becomes fifteen percent or less.
4. Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the city upon a demonstration by the applicant that:
a. There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surroundings that do not apply generally to other properties and which support the granting of a variance from the buffer width requirements;
b. Such buffer width variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property, but which because of special circumstances is denied to the property in question;
c. The granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and
d. The granting of the buffer width variance will not negatively impact the subject wetland.
5. All variances shall be in accordance with Kelso Municipal Code Chapter 17.140.
F. Activities Allowed in a Wetland Buffer Zone.
1. Passive activities that do not have adverse impact on the wetland function of buffer zones shall be allowed. Examples include educational or scientific projects, nonmotorized recreation, and utilities.
Such activities or projects shall be consistent with the wetland development limitations and mitigation standards set forth for buffered wetland.
2. Activities that are consistent with the purpose and function of the wetland buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the wetland. Examples of uses and activities which may be permitted in appropriate cases include pedestrian trails, viewing platforms, stormwater management facilities such as grass-lined swales, and utility easements. Uses permitted within the buffer shall be located in the outer portion of the buffer as far as possible from the wetland.
3. Prior to development or alteration within the buffer zone, the applicant shall demonstrate the following:
a. Avoidance of all impacts by restructuring project.
b. Minimize or reduce net impact to buffer while maintaining at least fifty percent of the buffer width on regulated wetlands.
c. Mitigation for all buffer alterations on regulated wetlands.
G. Mitigation Standards.
1. All adverse impacts to Category 2 and 3 wetlands and buffers as identified in the wetlands assessment shall be specified in a mitigation plan consistent with Kelso development standards, be prepared by a qualified expert, and be consistent with the standards outline in Table 2.
2. When an applicant proposes to alter or eliminate a regulated wetland, the applicant shall be required to replace or enhance the function and value of the wetland based upon an evaluation procedure such as Habitat Evaluation Procedure (HEP), Oregon Freshwater Wetland Assessment Methodology, Oregon Division of State Lands, Revised Edition, April 1996, and Methods for Assessing Wetland Functions on Riverine and Depressional Wetlands in the Lowlands of Western Washington, Department of Ecology Publication Numbers 99-115 and 99-116. When replacement of a wetland is proposed, the wetland and associated buffer shall be replaced at the ratio prescribed in Table 2, in accordance to the Washington State Wetland Rating System Manual, Department of Ecology Publication Number 93-74, page 61, and Wetland Mitigation Replacement Ratios: Defining Equivalency, Department of Ecology Publication Number 92-8, page 15.
3. Mitigation bonding may be required at the discretion of the city staff to ensure design and construction of compensatory mitigation projects.
|
Table 2 |
|
|
Regulated Wetland Type |
Minimum Ratio of Replaced Wetland |
|
Category 1 |
6:1 |
|
Category 2 and Category 3 wetland including forested, shrub/scrub and emergent |
At least 2:1, or as required by the department, not to exceed 3:1 |
|
Category 4 wetland |
1:1 replacement ratio |
Source: Wetland Mitigation Replacement Ratios: Defining Equivalency, February 1992, Publication Number 92-8.
H. Wetland Delineation. For the purposes of this chapter, wetland delineation shall be performed in accordance with the procedures as specified in the Corps of Engineers Wetlands Delineation Manual (1987), Army Engineer Waterways Experiment Station Technical Report Y-87-1, or the Washington State Wetlands Identification and Delineation Manual, Ecology Publication #96-94, March 1997, as amended. (Ord. 3608 § 1, 2006; Ord. 3509 § 8, 2003; Ord. 3373 § 1, 1997)
18.20.090 Fish and wildlife habitat conservation areas.
A. Designation of Critical Fish and Wildlife Habitat Conservation Areas. Critical fish and wildlife habitat conservation areas are designated according to the classifications in the following table:
|
Classifications WAC 365-190-080(5) |
Description |
|
(1) Areas with which state designated endangered, threatened, or sensitive species have a primary association. Example: Coweeman River |
Areas which, if significantly altered, may reduce the likelihood that the species will reproduce over the long term. Habitats associated with these species are those identified by the Washington Department of Fish and Wildlife’s Habitat and Species Maps, as amended. These habitats are designated as critical areas, where endangered, threatened, and sensitive species are verified to have a primary association. |
|
(2) Species and habitats of local importance. |
Habitat: Unique or significant habitats which regionally rare wildlife species depend upon and that have high wildlife concentrations, including: 1. Caves, 2. Talus slopes, 3. Snag rich areas (outside forest practices). Species: Wildlife species which require protective measures for their continued existence due to their population status or sensitivity to habitat alterations or are highly valued by the local citizens. Species meeting the above criteria but not depending upon a habitat of local importance (as listed above) to meet criteria habitat needs are those documented, verified, and mapped in Cowlitz County. |
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(3) Commercial and recreational shell fish areas. |
Cowlitz County has no shellfish protection districts. |
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(4) Kelp and eelgrass beds; herring and smelt spawning areas. |
No kelp, eelgrass beds, or herring spawning areas are known to occur in Cowlitz County. The entire length of the Cowlitz River adjacent to the city of Kelso is smelt spawning territory. |
|
(5) Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat. |
Naturally occurring ponds with a surface area of less than twenty acres but greater than one acre. Naturally occurring ponds do not include ponds deliberately created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years’ duration), and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority. |
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(6) Waters of the state. |
Waters of the state are defined in WAC 222-16-030, the forest practices rules and regulations. |
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(7) Lakes, ponds, streams, and rivers planted with game fish by a governmental agency or tribal entity. |
The Cowlitz River is planted with game fish by governmental agencies. |
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(8) State natural area preserves and natural resource conservation areas. |
Currently, there are no natural resource conservation areas within the city of Kelso. |
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(9) Unintentionally created ponds. |
Ponds with a surface area of less than twenty acres, but greater than one acre. |
B. Development Performance Standards. Development or regulated activity shall conform and be governed by the following items in this subsection, and in subsections C through J of this section. Mitigation plans including best available science should be developed by a qualified fish and wildlife biologist.
1. When impacts to critical fish and wildlife habitat cannot be avoided, the performance standards contained in this section shall be used to develop plans submitted for regulated activities.
2. Consider habitat in site planning and design.
3. Locate buildings and structures in a manner that preserves the habitat or minimizes adverse impacts.
4. Consolidate habitat and vegetated open space in contiguous blocks, and where possible locate habitat contiguous to other habitat, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas.
5. Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers.
6. Emphasize heterogeneity and structural diversity of vegetation in landscaping.
7. Remove and/or control any noxious or undesirable species of plants.
8. Preserve trees to the extent possible, preferably in consolidated areas.
9. Preserve and introduce native plant species which serve as food, shelter from climatic extremes and predators, and structure and cover for reproduction and rearing of young for critical wildlife.
10. Preserve the natural hydraulic and ecological functions of drainage systems.
11. Preserve critical fish and wildlife habitat areas through maintenance of stable channels, adequate flow levels, management of stormwater runoff, erosion, and sedimentation.
12. Manage access to critical fish and wildlife habitat areas to protect species that are sensitive to human disturbance.
13. Maintain or enhance water quality through control of runoff and use of best management practices.
C. Overlap of Critical Areas. Section 18.20.060 notwithstanding, if a fish or wildlife habitat classification is determined to be a wetland, the most protective measure will apply.
D. Habitat Management Plan—Classification 1 Only. A habitat management plan shall be required (Appendix E) if the regulated activity is within two hundred fifty feet of a Classification 1 habitat area, or identified within one thousand feet of a point location (nests, dens, etc.) for a Classification 1 habitat area. Areas identified landward of the dike are exempt from HMP requirements for aquatic species.
1. The habitat management plan will be prepared by a qualified expert in a format conforming with Appendix E.
2. Habitat management plans will be sent to the Washington State Department of Fish and Wildlife and other state and federal agencies with jurisdiction for comment with the SEPA checklist.
E. Habitat Protection for Classification 2. Protection for these habitat areas shall be through the development performance standards listed above.
F. Habitat Protection for Classifications 3 and 4. If found to occur, protection of these areas shall be required by the department with review by the Washington State Department of Fish and Wildlife.
G. Habitat Protection for Classifications 5, 6, and 7. Protection for these habitat areas shall be required through the Shoreline Management Act, the Federal Clean Water Act, and the State Hydraulic Code and/or best management practices. Within Classification 6, Type 1, 2, and 3 waters as defined in WAC 222-16-030, Forest Practices Board, Definitions, are regulated streams.
H. Habitat Protection for Classification 8. Protection for state natural area preserves and natural resource conservation area habitat is achieved by the Washington State Department of Natural Resources.
I. Habitat Protection for Classification 9. Protection for habitat provided by unintentionally created ponds shall be through Section 18.20.080. (Ord. 3509 § 9, 2003; Ord. 3373 § 1, 1997)
18.20.100 Frequently flooded critical areas.
A. Frequently Flooded Area Classifications and Designation. All lands identified in Section 18.12.070, as amended, and approved by the city, as within the one-hundred-year floodplain are designated as frequently flooded areas.
B. Development Limitations. All development within designated frequently flooded areas shall comply with Chapter 18.12 of this code, as now or hereafter amended. (Ord. 3509 § 10, 2003; Ord. 3373 § 1, 1997)
18.20.110 Geologic hazard areas.
This section acknowledges the application of other relevant codes and regulations, which may require mutual compliance.
For all regulated activities proposed within designated landslide, erosion, seismic and mine hazard areas, a geotechnical assessment or an erosion hazard assessment prepared by a qualified expert shall be submitted and coordinated with International Building Code requirements. (See Appendices A and B.)
If the geotechnical assessment indicates an inability of the site to accommodate the proposed activity without special measures or precautions as determined by a qualified expert, the department may require a geotechnical report. (See Appendix C.)
A. The following define the different types of geologic hazard areas:
1. Erosion Hazard Areas. Erosion hazard areas are those areas identified by the presence of soils that are recognized as having a severe erosion hazard by the Natural Resources Conservation Service, Cowlitz Area, Washington.
2. Landslide Hazard Areas. Landslide hazard areas are those areas meeting any of the following criteria:
a. Areas of historic failure, such as areas designated as quaternary slumps, earthflows, mudflows, or landslides;
b. Any area with the following:
i. Steep hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock, that has or exhibits evidence of springs or groundwater seepage;
ii. Slopes that are parallel or sub-parallel to planes of weakness, such as bedding planes, joint systems, and fault planes;
iii. Slopes having gradients greater than eighty percent and subject to rock fall during seismic shaking;
iv. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action;
v. Areas located in a canyon, on an active alluvial fan, or that are presently subject to inundation by debris flows or catastrophic flooding;
vi. Areas identified as being medium or high probability of slope instability based on Washington State Department of Natural Resources soils based stability model or the most current map adopted by the city and filed with the city clerk;
vii. Areas identified as being medium or high probability of slope instability based on field visits along with reasonable assumption of city planning staff or other qualified experts with localized knowledge of present site conditions.
3. Seismic Hazard Areas. For the purposes of this classification, a seismic hazard area is any area indicated by a zone 2B or higher rating as defined by the Seismic Risk Map of the United States, adopted by the Washington State Legislature and defined in the International Building Code (IBC/IRC).
4. Mine Hazard Areas. For the purposes of this classification mine hazard areas are:
a. Abandoned mines and/or workings where locations are known.
b. Abandoned mines and/or workings where exact locations are unknown, but based upon the best available information there is good cause to believe it is within an area that may be reasonably delineated.
5. Volcanic Hazard Areas. For the purposes of this classification, all volcanic mudflow hazard areas shall be identified as the five-hundred-year floodplain areas identified in FEMA maps.
B. Development within geologic hazard areas shall meet the following requirements:
1. Development Standards for Landslide Hazard Areas and Erosion Hazard Areas. Any allowed or regulated activity on areas identified as landslide or erosion hazards or their buffers shall conform to the following standards:
a. Buffers.
i. An undisturbed fifty-foot buffer, as measured on the surface, is required from the top, toe, and along all sides of any existing landslide or eroded area, within a critical area;
ii. Based on the results of the geotechnical assessment, the director may increase or decrease the buffer or require additional areas including buffers as indicated;
iii. The buffer shall be clearly staked before and during any construction or clearing.
b. General Design Guidelines.
i. Structures should be clustered where possible to reduce disturbance and removal of vegetation;
ii. Foundations should conform to the natural contours of the slope;
iii. Roads, walkways, and parking areas should be designed to parallel the natural contours of the site.
c. Grading.
i. Clearing, grading, and other construction activities shall not aggravate or result in slope instability or surface sloughing;
ii. Undergrowth shall be retained to the maximum extent feasible;
iii. No dead vegetation (slash), fill, or other foreign material shall be placed within a landslide or erosion hazard area, other than that approved for bank stabilization or if such fill is consistent with authorized activities specified in a geotechnical report;
iv. Minimize ground disturbance to the maximum extent feasible by not allowing clearing from May 1st to October 1st of every year.
d. Erosion Control.
i. There shall be minimum disturbance of trees and vegetation in order to reduce erosion and maintain existing stability of hazard areas;
ii. Vegetation removal on the slopes of banks between the ordinary high water mark and the top of the banks shall be minimized because of the potential for erosion;
iii. Vegetation and organic soil material shall be removed from fill site prior to the placement of fill;
iv. Thinning of limbs of individual trees is preferred over tree removal as a means to provide a view corridor;
v. Vegetative cover or engineered ground covers shall be placed on any disturbed surface to the extent feasible.
e. Drainage.
i. Surface drainage, including downspouts, shall not be directed across the face of a hazard area. If drainage must be discharged from the top of a hazard area to its toe, it shall be collected above the top and directed to the toe by tight line drain, and provided with an energy-dissipating device at the toe for discharge to a swale or other acceptable natural drainage areas;
ii. Stormwater retention and detention systems, including percolation systems utilizing buried pipe, require a geotechnical assessment that indicates such a system shall not affect slope stability and require the systems to be designed by a licensed civil engineer. The licensed civil engineer shall also certify that the systems are installed as designed.
f. Sewage Disposal System Drainfields. For the purpose of landslide or hazard areas, the sewage disposal drainfields shall be located outside of the hazard area buffer, unless otherwise justified by a qualified geotechnical engineer. The septic system drainfield must be in compliance with all local government health regulations.
2. Development Standards—Seismic Hazard Areas. All development within areas that meet the classification for seismic hazard areas shall comply with the International Building Code. A critical areas permit is not required by this chapter for seismic hazards.
3. Development Standards—Mine Hazard Areas. Development adjacent to a mine hazard area is prohibited unless the applicant can demonstrate the development will be safe. If a proposal is located adjacent to a mine hazard area, a geotechnical assessment may be required.
4. Development Standards—Volcanic Hazard Areas. Development shall comply with existing Federal Emergency Management Agency regulations for floodplain management. A critical areas permit is not required by this chapter for development in a volcanic hazard area.
C. Designations. Lands in the city meeting the classification criteria for geologic hazard areas are hereby designated, under Chapter 36.70A RCW, as geologic hazard areas designated on the city’s geologic hazard map. (Ord. 3617 § 1, 2006; Ord. 3567 § 3, 2005; Ord. 3509 § 11, 2003)
18.20.120 Critical aquifer recharge areas.
A. Classification—Critical Aquifer Recharge Areas.
1. For the purposes of this classification, the critical aquifer recharge areas are determined by the combined effects of soil types and hydrogeology. (Critical Aquifer Recharge Map, Cowlitz-Wahkiakum Council of Governments, 1993).
2. High Susceptibility. Areas, identified on the aquifer recharge map, with a very high susceptibility to contamination of the underlying aquifer due to high soil permeability and high water table.
B. Regulated Activities. The following activities are regulated in critical aquifer recharge areas:
1. Solid Waste Disposal Facilities, Junkyards, Etc. Landfills, junkyards, salvage yards, auto wrecking yards, and other solid waste disposal facilities, except those for the disposal of brush and stumps, sawdust, and inert construction debris.
2. Aboveground and Underground Storage Tanks and Vaults. Aboveground or underground storage tanks or vaults for the storage of hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, Dangerous Waste Regulations, or any other substances, solids, or liquids in quantities identified by the county health department, consistent with Chapter 173-303 WAC, as a risk to groundwater quality shall conform to the Uniform Fire Code, Chapter 173-360 WAC, and underground storage tank regulations.
3. Utility Transmission Facilities. Utility facilities that carry liquid petroleum products or any other hazardous substance as defined in Chapter 173-303 WAC.
4. Land Divisions. Subdivisions, short subdivisions and other divisions of land will be evaluated for their impact on groundwater quality within the aquifer recharge areas. The following measures may be required:
a. An analysis of the potential contaminate loading;
b. Alternative site designs, phased development and/or groundwater quality monitoring;
c. Open spaces within development proposals;
d. Community/public water systems and community drainfields.
C. Hydrogeologic Testing and Site Evaluation.
1. Hydrogeologic testing and site evaluation may be required for any regulated activity. If federal or state regulations require hydrogeologic testing, the department may waive the requirement for additional testing; provided, the director has adequate factual information to evaluate the proposal.
2. If hydrogeologic testing and site evaluation are required, they shall be conducted by a qualified expert and must include but not be limited to the requirements in Appendix F.
3. Development that negatively impacts the quality of critical aquifer recharge areas shall be prohibited unless the hydrogeologic testing and site evaluation satisfactorily demonstrate that significant adverse impacts will be mitigated. (Ord. 3509 § 12, 2003; Ord. 3373 § 1, 1997)
18.20.130 Mitigation plan performance standards—Planning requirements.
All critical areas mitigation projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan approved by the department and prepared by or on behalf of the applicant.
A. When a mitigation plan is required it shall be approved by the department prior to any site disturbance. The department may seek assistance from resource agencies prior to making a decision. At a minimum the plan shall meet the following standards:
1. The mitigation plan shall be prepared by an applicant or qualified expert and shall be acceptable to the city;
2. The mitigation plan shall include:
a. An assessment of the existing function and values of the critical area,
b. The functions and values that will be lost,
c. The critical area’s expected functions and values after mitigation;
3. Objectives shall be stated in measurable terms, if feasible;
4. The mitigation plan shall specify and describe how functions and values will be replaced;
5. The mitigation plan shall include provisions for monitoring the mitigation area as reasonably necessary to determine whether stated objectives have been accomplished. A contingency plan shall be included in the event the stated objectives are not accomplished;
6. Mitigation shall be provided on-site, except where on-site mitigation is not scientifically feasible, economical, or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site;
7. When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant where such mitigation is practical and beneficial to the critical area and associated resources. Where possible, this means within the same hydrologic unit as the location of the proposed project;
8. Mitigation plans shall be approved by the department prior to any site alterations.
B. Restoration shall be required when a critical area has been altered by the land owner after the adoption of the ordinance codified in this chapter and prior to project approval or when a critical area is temporarily affected by construction or any other temporary phase of a project. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
18.20.140 Variance/reasonable use allowance.
If an applicant asserts that application of this chapter would deny him all reasonable use of his property, the applicant may apply for a variance/reasonable use allowance. A variance/reasonable use allowance is intended to address those cases in which the application of this chapter unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.
A. The director shall have the power to grant variances/reasonable use allowances. A request for a variance/reasonable use allowance shall be made on forms provided by the director and shall accompany an application for a development permit. Before an application for a variance/reasonable use allowance is acted upon, all of the matters relating to the application shall be reviewed by the director and his or her findings shall be included in his/her decision.
B. Before a variance is granted it shall be shown by the applicant that:
1. The application of this chapter will deny all economically viable use of the subject property otherwise allowed by applicable law;
2. Because of special circumstances applicable to the subject property including size, shape, topography, and location, the enforcement of this chapter would result in unwarranted hardship;
3. An interpretation of this chapter will deprive the land owner of rights commonly enjoyed by other properties in similar areas within the critical area or buffer;
4. The granting of a variance will not confer upon a land owner any special privilege that would be denied by the terms of this chapter to other lands or structures within the critical area or buffer that are of a similar nature or circumstance;
5. The variance request is not based upon conditions or circumstances which are the result of actions by the current or previous land owners or that the request arises from any condition related to land or building use, either permitted or nonconforming, on any neighboring property. Such conditions or circumstances include:
a. Prior subdivision or segregation of the subject property, or changes to the boundaries of the subject property through a boundary line adjustment or otherwise;
b. Prior actions taken in violation of this chapter or any local, state or federal law or regulation;
c. Natural constraints of the subject property that would otherwise preclude the proposed development activities;
6. As a result of the proposed development varying from the terms of this chapter there will be no threat to the public health, safety, or welfare on or off the subject property;
7. Any variance granted shall be for the least intrusion into the critical area or buffer necessary to allow an economically viable use of the subject property; and
8. Any authorized alteration of a critical area or buffer under this section shall be subject to conditions established by the department in accordance with this chapter and may require mitigation under an approved mitigation plan. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
18.20.150 Appeals.
Any interpretation or decision made by the director in the administration of this chapter is final and conclusive unless appealed to the planning commission. Appeals of decisions made by other bodies shall be as directed by the appropriate code governing the underlying action. The city council may elect to have the appeal heard by a hearing examiner.
A. Any person aggrieved by a decision of the director may, within thirty days following the date of the department’s written decision, submit an appeal of the director’s decision. The burden of proof in any appeal is the responsibility of the appellant. Any appeal shall be in written form and filed with the department together with a fee as established by resolution by the city council. Any appeal shall as a minimum contain the following information:
1. An explanation and description of how the appellant is aggrieved.
2. A statement describing why the appellant believes the decision of the director is in error and the specific relief sought.
3. A statement showing why upholding an appeal will not be detrimental to public health, safety or welfare, or significantly negate the functions of a critical area, the goals, objectives and policies of the Growth Management Act, and the purposes this chapter.
4. A statement describing any mitigating measures the appellant proposes to assure that the function of the critical area will not be irrevocably jeopardized in the event the appeal is successful.
B. Upon the filing of an appeal with appropriate fee, the director shall set forth the time and place for a public hearing before the planning commission or hearing examiner on the matter.
C. Notice of the time, date and place of the hearing shall be sent to the appellant and the permittee by first class mail prior to the public hearing. Legal notice of the hearing shall be published in a newspaper of general circulation and the subject property shall be posted with said notice not less than ten days prior to the public hearing.
D. Within ten days after the public hearing, the planning commission or hearing examiner shall issue a written decision, including findings of fact on which the decision is based. Such written decision shall be available to the appellant and the public upon request.
E. The director shall transmit the application and appeal information to the planning commission or hearing examiner at least five days prior to the public hearing. The director may provide additional information if the appeal contains material or facts not available prior to the director’s decision.
F. The planning commission or hearing examiner shall determine if the appeal should be upheld, upheld with conditions, or denied. Any person aggrieved by the appeal decision regarding a permit pursuant to this chapter may request relief from the superior court of Cowlitz County pursuant to state law. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
18.20.160 Violation—Penalty.
It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
18.20.170 Fees.
Fees for administering the provisions of this chapter shall be as set from time to time by resolution of the city council. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
18.20.180 Liability for damages.
This chapter shall not be construed to hold the city, or any officer or employee thereof, responsible for any damages to persons or property by reason of the certification, inspection or noninspection of any building, equipment or property as herein authorized. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
18.20.190 Severability.
Should any section, clause or provision of this chapter or any code adopted hereby be declared by a court to be invalid, the same shall not affect the validity of the remainder, either in whole or in part. (Ord. 3509 § 13, 2003; Ord. 3373 § 1, 1997)
APPENDIX A—Geotechnical Assessments
Appendix A
A. The applicant must submit a geotechnical assessment prepared by a qualified expert.
B. The geotechnical assessment shall typically include at a minimum the following:
1. A discussion of the surface and subsurface geologic conditions of the site;
2. A site plan of the area delineating all areas of the site subject to landslide hazards based on mapping and criteria;
3. A contour map of the proposed site, at a reasonable scale (not smaller than one inch equals two hundred feet) which clearly delineates slopes for ranges between fifteen and twenty-nine percent and thirty percent and greater, and includes figures for area coverage of each slope category on the site. If any springs or seeps are present, their location should be indicated on the map.
C. Site Evaluation. Evaluation of the ability of the site to accommodate the proposed activity. (Ord. 3509 § 14, 2003; Ord. 3373, 1997)
APPENDIX B—Erosion Hazard Assessments (Stream/Hillsides)
Appendix B
The applicant must submit an erosion hazard assessment prepared by a qualified expert.
A. The erosion hazard assessment shall typically include, at a minimum, the following:
1. An overview of existing channel characteristics and stream hydraulics at the subject property.
2. An assessment of the probability for stream induced erosion to occur on the subject property and the estimated extent of the property that would be affected.
3. A site map of the property, drawn to scale, delineating the relationship of the stream to the property, and existing erosion areas and/or potential erosion areas, and the proposed development, including structural dimensions.
4. A cross-section map, drawn to scale and at five-foot contour intervals from the edge of the river’s surface to the furthest landward boundary of the property, and including the proposed development.
5. Site Evaluation. Evaluation of the ability of the site to accommodate the proposed activity.
B. Hillsides. In addition to the basic critical area report requirements, a critical area report for an erosion hazard or landslide hazard area associated with hillsides shall include the following information at a minimum:
1. Site Plan. The report shall include a copy of the site plan for the proposal showing:
a. The height of slope, slope gradient, and cross section of the project area;
b. The location of springs, seeps, or other surface expressions of groundwater on or within two hundred feet of the project area or that have potential to be affected by the proposal. A distance of two hundred feet is suggested so that geological features that might affect the proposal are included in the critical area report. It may be necessary to include features further than two hundred feet from the project area in some instances, such as a series of related geological features that extend more than two hundred feet;
c. The location and description of surface water runoff.
2. Geotechnical Analysis. The geotechnical analysis shall specifically include:
a. A description of the extent and type of vegetative cover;
b. An estimate of load capacity including surface and groundwater conditions, public and private sewage disposal systems, fills and excavations and all structural development;
c. An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure;
d. An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a one-hundred-year storm event;
e. Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run-out on down slope properties;
f. A study of slope stability including an analysis of proposed angles of cut and fill and site grading;
g. Recommendations for building limitations, structural foundations, and an estimate of foundation settlement;
h. An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion.
3. Erosion and Sediment Control Plan. For any development proposal on a site containing an erosion hazard area, an erosion and sediment control plan shall be required. The erosion and sediment control plan shall be prepared in compliance with requirements set forth in the locally adopted stormwater management regulations.
4. Drainage Plan. The report shall include a drainage plan for the collection, transport, treatment, discharge and/or recycle of water prepared in accordance with the locally adopted surface water management plan. The drainage plan should consider on-site septic system disposal volumes where the additional volume will affect the erosion or landslide hazard area.
5. Mitigation Plans. Hazard and environmental mitigation plans for erosion and landslide hazard areas shall include the location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and/or replanting plan and/or other means for maintaining long-term soil stability.
6. Monitoring Surface Waters. If the community development director determines that there is a significant risk of damage to downstream receiving waters due to potential erosion from the site, based on the size of the project, the proximity to the receiving waters, or the sensitivity of the receiving waters, the critical area report shall include a plan to monitor the surface water discharge from the site. The monitoring plan shall include a recommended schedule for submitting monitoring reports to the city of Kelso. (Ord. 3509 § 14, 2003; Ord. 3373, 1997)
APPENDIX C—Geotechnical Report
Appendix C
The geotechnical report shall typically include at a minimum the following. Technical justification shall be provided where the qualified expert does not deem any information applicable.
A. Site Geology Information Required.
1. Topographic Data. Contour map of proposed site at a scale of one inch equals two hundred feet, which clearly delineates the slopes between fifteen and twenty-nine percent and thirty percent and greater, including figures for area coverage of each slope category on the site.
2. Subsurface Data. Boring logs and exploratory methods, soil and rock stratigraphy, groundwater levels including seasonal changes.
3. Site History. Description of any prior grading, soil instability, or slope failure.
4. Seismic Hazard. Data concerning the vulnerability of the site to seismic events.
B. Geotechnical Engineering Information Required.
1. Slope stability studies and opinion of slope stability;
2. Proposed angles of cut and fill slopes and site grading requirements;
3. Structural foundation requirements and estimated foundation settlements;
4. Soil compaction criteria;
5. Proposed surface and subsurface drainage;
6. Lateral earth pressures;
7. Erosion vulnerability of site;
8. Suitability for fill;
9. Laboratory data and soil index properties for soil samples; and
10. Building limitations.
C. Site Evaluation. Evaluation of the ability of the site to accommodate the proposed activity.
Where a valid geotechnical report has been prepared within the last five years for a specific site, and where the proposed activity and surrounding site conditions are unchanged, said report may be utilized and a new assessment may not be required. (Ord. 3509 § 14, 2003; Ord. 3373, 1997)
APPENDIX D—Wetland Assessment
Appendix D
A wetland assessment shall include the following. Technical justification shall be provided where the qualified expert does not deem any information applicable.
A. An on-site wetland delineation performed by a qualified expert. The wetland boundaries shall be staked and flagged. The recommended wetland buffer shall be staked and flagged with different colored flags than that used for the wetland delineation.
B. Vicinity map drawn to scale and including a north arrow, public roads and other known landmarks in the vicinity.
C. National Wetlands Inventory Map (U.S. Fish and Wildlife Service) and/or a Cowlitz County wetland inventory map identifying wetlands on or adjacent to the site.
D. Site Map. This map must be drawn to a usable scale, one inch equals one hundred feet or better, and must include a north arrow and all of the following requirements:
1. Site boundary/property lines and dimensions;
2. Wetland boundaries based upon a wetland specialist’s delineation, and depicting sample points and differing wetland types if any;
3. Recommended wetland buffer boundary;
4. Internal property lines such as rights-of-way, easements, etc.;
5. Existing physical features of the site including buildings and other structures, fences, roads, utilities, parking lots, water bodies, etc.;
6. Topographical variations.
E. Report. This document must include each of the following:
1. Location information (legal description, parcel number and address);
2. Site characteristics including topography, total acreage, delineated wetland acreage, other water bodies, vegetation, soil types, etc., and distances to and sizes of other off-site wetlands and water bodies within one-quarter mile of the subject wetland;
3. Identification of the wetland’s classification as defined in this chapter, including the rationale for selecting the wetland category;
4. Analysis of functional values of existing wetlands, including flood control, water quality, aquifer recharge, fish and wildlife habitat, and hydrologic characteristics;
5. A complete description of the proposed project and its potential impacts to the wetland and, if applicable, adjacent off-site wetlands, including construction impacts;
6. Discussion of project alternatives including total avoidance of impacts to wetland areas;
7. If mitigation for wetland impacts is proposed, a description and analysis of that mitigation;
8. A wetland buffer recommendation and rationale for the buffer size determination.
F. Completed wetland data forms. (Ord. 3620 § 1, 2006; Ord. 3509 § 14, 2003; Ord. 3373, 1997)
APPENDIX E—Habitat Management Plan Requirements
Appendix E
A. At a minimum, the habitat management plan shall typically contain the following information. Technical justification shall be provided where the qualified expert does not deem any information applicable.
1. A description of state or federally designated endangered, threatened or sensitive fish or wildlife species, or species of local importance, on-site or adjacent to the subject property within a distance typical of the normal range of the species.
2. A description of the critical wildlife habitat for the identified species known or expected to be located on-site or immediately adjacent to the subject property.
B. A site plan that clearly identifies and delineates critical fish and wildlife habitats found in subsection (A)(2) of this section.
C. An evaluation of the project’s effects on critical fish and wildlife habitat both on and adjacent to the subject property.
D. A summary of any federal, state, or local management recommendations that have been developed for the critical fish or wildlife species or habitats located at the site.
E. A statement of measures proposed to preserve existing habitats and restore area degraded as a result of proposed activities.
F. A description of proposed measures that mitigate the impacts of the project.
G. An evaluation of ongoing management practices which will protect critical fish and wildlife habitat after the project site has been fully developed, including proposed monitoring and maintenance programs of the subject property. (Ord. 3509 § 14, 2003; Ord. 3373, 1997)
APPENDIX F—Hydrogeologic Testing and Site Evaluation
Appendix F
If hydrogeologic testing and site evaluation are required, they shall be conducted by a qualified expert and typically include at least the following. Technical justification shall be provided where the qualified expert does not deem any information applicable.
A. A characterization of the site and its relationship to the aquifer and evaluation of the ability of the site to accommodate the proposed activity.
B. A discussion of the effects of the proposed project on groundwater quality and quantity.
C. Recommendations on appropriate mitigation, if any, to assure that there shall be no significant degradation of groundwater quality or quantity.
D. In addition, the testing and evaluation must include, but not be limited to, an analysis of:
1. Geologic setting and soils information of site and surrounding area.
2. Water quality data, including pH, temperature, conductivity, nitrates, and bacteria.
3. Location and depth to perched water tables.
4. Recharge potential of facility site (permeability/transmissivity).
5. Local groundwater flow, direction and gradient.
6. Surface water locations within one thousand feet of the site. (Ord. 3509 § 14, 2003; Ord. 3373, 1997)