Chapter 16.16
ENVIRONMENTALLY SENSITIVE AREAS

Sections:

16.16.010    Purpose.

16.16.020    Sensitive areas protected.

16.16.030    Applicability.

16.16.040    Definitions.

16.16.050    Maps and study – Adoption.

16.16.060    Sensitive area – Authority of planning director – Review process.

16.16.070    Applications – Content – Fee.

16.16.080    Applications – Approval – Permits – General condition.

16.16.090    Applications – Approval – Criteria – Revocation.

16.16.100    Sensitive area – Special study requirement.

16.16.110    Contents of sensitive areas study.

16.16.120    Mitigation and monitoring.

16.16.130    Mitigation sequencing.

16.16.140    Timing.

16.16.150    Bond requirements.

16.16.160    Vegetation management plan.

16.16.170    Sensitive areas – Markers and signs.

16.16.180    Sensitive areas – Tract designations.

16.16.190    Notice to title.

16.16.200    Performance standards for subdivisions.

16.16.210    Sensitive areas rules.

16.16.220    Exemptions.

16.16.230    Authorized exceptions to work in sensitive areas.

16.16.240    Setback exception.

16.16.250    Reasonable use exception to allow for reasonable economic use.

16.16.260    Public agency and utility exception.

16.16.270    Development standards – Sensitive area permits.

16.16.280    Erosion hazard areas – Development standards – Permitted alterations.

16.16.290    Landslide hazard areas – Development standards – Permitted alterations.

16.16.300    Seismic hazard areas – Development standards – Permitted alterations.

16.16.310    Steep slope hazard areas – Development standards – Permitted alterations.

16.16.320    Wetlands – Development standards.

16.16.330    Wetlands – Permitted alterations.

16.16.340    Wetlands – Mitigation requirements.

16.16.350    Streams – Development standards.

16.16.360    Streams – Permitted alterations.

16.16.370    Streams – Mitigation requirements.

16.16.380    Wildlife habitat conservation areas.

16.16.390    Wellhead protection areas.

16.16.400    Enforcement.

16.16.010 Purpose.

The provisions of this chapter implement the goals and policies of the Washington State Growth Management Act, the Lake Forest Park Municipal Code, the Washington State Environmental Policy Act and the comprehensive plan for the city of Lake Forest Park to protect the public health and safety and to protect the natural environment, in particular the Lyon and McAleer creek basins, but also all sensitive areas of the city, including their structures, functions and values.

This chapter is adopted, in part, to:

A. Protect sensitive areas;

B. Protect unique, fragile and irreplaceable elements of the environment;

C. Protect public and private property from damage due to landslide, seismic hazard, flooding, sedimentation, or erosion;

D. Minimize stormwater runoff;

E. Prevent losses from turbidity and pollution of wetlands and fish-bearing waters such as lakes and streams which are used in the life cycles of anadromous salmon, steelhead, or other species of fish and to maintain wildlife habitat;

F. Achieve a goal of no net loss of wetland function, value, and acreage within each drainage basin;

G. Maintain stream, habitat and riparian corridor functions; and

H. Provide the planning director and others with decision making authority with supplemental information for use concerning public or private development or work that affects sensitive areas, including decisions to approve or deny an application or to impose conditions thereon, and for use by the city with respect to determinations under the State Environmental Policy Act, Chapter 43.21C RCW, the Washington Administrative Code provisions, and city ordinances adopted in conjunction therewith. (Ord. 930 § 2, 2005)

16.16.020 Sensitive areas protected.

Unless expressly authorized herein, any alteration of or work in or development of a sensitive area is prohibited. (Ord. 930 § 2, 2005)

16.16.030 Applicability.

A. The provisions of this chapter shall apply to development proposals for sites in the city on which are located sensitive areas or sensitive area buffers or that are contiguous to sensitive areas or sensitive area buffers.

B. Whenever the planning director determines that a development proposal is for a site described in LFPMC 16.16.020, all work shall be performed and all construction completed in compliance with sensitive area permits issued by the city according to the requirements of this chapter. Permit decisions shall be Type III decisions and processed according to Chapter 16.26 LFPMC.

C. The decision of the city to issue a sensitive area permit conditioned by the requirements of this chapter does not relieve the applicant from complying with all other applicable city ordinances and plans. In case of a conflict among ordinances or between this chapter and adopted city plans, the more stringent shall apply. (Ord. 930 § 2, 2005)

16.16.040 Definitions.

Words and phrases used in this chapter shall have the meaning set forth in this section. Undefined words and phrases that are defined in LFPMC Title 18 shall have the meaning ascribed therein unless the context clearly requires otherwise or another code provision is referenced. For purposes of interpretation, the present tense includes the future, the singular form includes the plural, and the plural form includes the singular. “Shall” is mandatory and not discretionary. The words “person” or “applicant” shall include an individual(s), a corporation, partnership or other legal entity. Whenever a specific document or regulation is referenced herein, the reference shall refer to the most recent edition of such document or regulation, unless the context clearly indicates otherwise.

A. “Alteration” means any human activity that results or might result in any impact upon a sensitive area; provided, that alteration does not include walking, fishing, or any other passive recreation or other similar activities.

B. “Best management practices” means regularly accepted principles and practices or systems of practices and management measures that are recommended by a qualified professional as most likely to:

1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of streams and wetlands;

3. Protect trees and vegetation designated to be retained during and following site construction;

4. Protect wildlife habitat; and

5. Protect and enhance sensitive areas and their function and values.

C. “Buffer” means an area contiguous to a sensitive area that is established to protect the sensitive area.

D. “Development proposal” means any proposed activity relating to the use and/or development of land requiring a permit or approval from the city.

E. “Enhancement” means an action which increases the functions and values of a stream, wetland or other sensitive area.

F. “Erosion hazard area” means an area with soil characteristics that, according to the USDA Soil Conservation Service Soil Classification System, may experience severe to very severe erosion hazard, including slopes greater than 15 percent with erodible soils that are exposed. Any activity which exposes erodible soils to rainfall or running water will create erosion hazard conditions on slopes greater than 15 percent. Soils which are particularly susceptible to erosion include fill constructed of virtually all soil types, loose sandy native soils such as Vashon recessional outwash (Qvr), Esperance sand (Qe), Vashon till (weathered Qvt), and the dense fine-grained clay (Qcl). Improper fill methods, especially near flowing water, can produce an erosion hazard in areas not identified as hazard areas.

G. “Landslide” means any episodic downslope movement of a mass including, but not limited to, soil, rock or snow.

H. Landslide Hazard Areas.

1. “Landslide hazard areas” means slopes that are potentially subject to landslides. All landslide hazard areas are classified as:

a. “Class I”: a slope that is less than 15 percent and is considered relatively stable;

b. “Class II”: a slope that is greater than 15 percent and is underlain by permeable soils that are relatively stable in their natural state but may become unstable if slope configurations or draining conditions are modified;

c. “Class III”: a slope that is greater than 15 percent and is underlain by impermeable soils, and may be characterized by springs or seeping groundwater during the wet season.

2. “Landslide hazard areas” include Class II and Class III if any of the following are present:

a. Any area that has shown movement during the Holocene epoch (from 10,000 years ago to present) or which is underlain by significant waste debris of that epoch; or

b. An area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting; or

c. Any area located on an alluvial fan or delta potentially subject to inundation by debris flows; or

d. Any area with a slope of 40 percent or greater and with a vertical relief of 10 or more feet except any area composed of consolidated rock.

I. “Light equipment” means nonmotorized hand-held tools and construction equipment, such as handsaws, wheelbarrows, and post-hole diggers.

J. “Mitigation” means any of the following actions or combination of actions:

1. Avoiding impacts to environmentally sensitive areas by avoiding actions or parts of actions; or

2. Minimizing impacts by limiting the degree of an action and its implementation by affirmative acts designed to avoid or reduce impacts; or

3. Restoration measures that reduce or eliminate over time the adverse impacts to sensitive areas by preservation and maintenance operations; or

4. Compensation for an impact by means of replacement or enhancement of a sensitive area or providing for substitute resources; or

5. Monitoring the impact and initiating appropriate corrective measures.

K. “Monitoring” means the evaluation of the impacts of development proposals on biologic, hydrologic and geologic systems through the collection and analysis of data over a designated period of time and producing periodic reports for the purpose of understanding and documenting changes in natural ecosystems, functions and features.

L. “Pervious material” means any material that permits full or partial absorption of stormwater into previously unimproved land.

M. “Priority habitats” means a seasonal range or habitat element with which a priority species has a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

N. “Priority species” means those species that are listed in the Washington Department of Wildlife Priority and Habitat Species (PHS) list for forested and urban areas.

O. “Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant sensitive area subject according to WAC 365-195-905(4). A qualified professional must also have obtained a Bachelor of Science or Bachelor of Arts or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, with at least three years’ experience in the related profession, such as botany, wetlands, fisheries, wildlife, soils, ecology, and similar areas of specialization; provided, that a qualified professional for:

1. Habitat must have a degree from an accredited college or university in biology and professional experience related to the subject species.

2. Wetlands must be a certified professional wetlands scientist or have, at a minimum: (a) a bachelor’s degree in hydrology, soil science, biology, botany, ecology, or related field; and (b) at least two years of full-time work experience as a wetlands professional, including experience in delineating wetlands using the state or federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.

3. A geological hazard must be a professional engineer or geologist, licensed in the state of Washington.

4. Wellhead protection areas must be a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.

P. “Recommended development practices” means guidelines for development in or near sensitive areas as may be utilized by the planning director from time to time.

Q. “Restorations” or “restoration” means the actions or action taken to return a sensitive area to a state in which the stability, functions and values approach the natural state as closely as possible.

R. “Salmonid” means a member of the fish family salmonidae, which include chinook, coho, chum, sockeye, and pink salmon; rainbow, steelhead, and cutthroat trout; brown trout; bull trout; brook and dolly varden; char; kokanee and whitefish.

S. “Seismic hazard areas” means areas underlain by low-strength fill and floodplain deposits with soil and groundwater conditions that are more susceptible to seismic hazards than other areas.

T. “Sensitive areas” means erosion hazard areas, landslide hazard areas, seismic hazard areas, steep-slope hazard areas, streams, wetlands, wellhead protection areas, wildlife habitat conservation areas and flood hazard areas. “Sensitive areas” also means and includes any buffers established by this chapter, or any buffer or setback established by state law or other city ordinance that serves to protect sensitive areas. “Sensitive areas” also means and includes sensitive areas that are located on neighboring lots.

U. “Setback” means the area delineated on a development proposal site permit that separates building structures from sensitive area buffers present on the development site or on neighboring lots, unless otherwise specified in this chapter.

V. “Slope” means an inclined ground surface, the inclination of which is expressed as a ratio (percent) of vertical distance to the horizontal distance, using the formula:

A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.

1. “Steep slope hazard areas” means areas not composed of consolidated rock with slope gradients of 40 percent or greater within a vertical elevation change of at least 10 feet.

2. “Toe of a slope” is a distinct topographic break in slope that separates slopes inclined at less than 40 percent from slopes equal to or in excess of 40 percent. Where no distinct break exists, the toe of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within the horizontal distance of 25 feet.

3. “Top of a slope” is a distinct, topographic break in slope that separates slopes inclined at less than 40 percent from slopes equal to or in excess of 40 percent. Where no distinct break in slope exists, the top of the slope shall be the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet.

X. “Streams” means surface water carried in defined channels or beds, intermittently or perennially, excluding irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial streams, unless used by salmonids or to convey surface water naturally occurring prior to the alteration of the land. A defined channel or bed shall constitute an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales. A channel or bed need not contain water year-round, but should show evidence of annual intermittent flow to meet the requirements of this definition. The upstream reach of a stream shall end at the most upstream segment of open water channel flow; provided, that segments that have been culverted shall continue to be considered streams for the purpose of this title. Streams shall be designated as Type 1, Type 2, and Type 3 according to the following criteria.

1. “Type 1”: streams that are used at least seasonally by fish for spawning, rearing or migration. Streams that are fish passable from Lake Washington are presumed to be Type 1. Fish passage should be determined by using a qualified professional. Type 1 streams include streams or parts thereof that are waters of the state according to law.

2. “Type 2”: streams that are not fish bearing and that do not go dry any time during a year of normal rainfall (perennial streams); provided, however, Type 2 streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow; provided further, that if the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined by a qualified professional.

3. “Type 3”: streams that are not Type 1 or 2. These are seasonal, non-fish-bearing streams in which surface flow is not present for a significant portion of a year of normal rainfall and that are not located downstream from any Type 2 or higher stream.

Y. “Utilities” means facilities providing services to lots within the city through wires, pipes, or lines provided by a public or private utility. “Utilities” do not include wireless facilities.

Z. “Wellhead protection area” means the surface and subsurface area surrounding a water well or wellhead, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellhead.

AA. “Wetlands” means land that is inundated or saturated with water, such as swamps, marshes, bogs, and similar, or areas that under normal circumstances support a prevalence of vegetation typically adapted for life in saturated soil conditions; excluding 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. Wetlands shall be delineated in accordance with the Washington State Wetland Identification and Delineation Manual (Department of Ecology Publication No. 96-94).

To differentiate between levels of wetland protection and the application of development standards, wetlands are rated as follows:

1. “Category 1”: wetlands that meet any of the following:

a. The wetland contains species listed by the federal government as endangered or threatened; or

b. The wetland is listed by the federal or the state government as containing critical or outstanding actual habitat for endangered or threatened species; or

c. Wetlands with 40 percent to 60 percent permanent open water in dispersed patches with two or more classes of vegetation; or

d. Wetlands equal to or greater than 10 acres in size and having three or more wetland classes, one of which is open water; or

e. Wetlands with plant associations of infrequent occurrence that are associated with wetland values and functions.

2. “Category 2”: wetlands that are not Category 1 wetlands and meet any of the following criteria:

a. Wetlands greater than one acre in size;

b. Wetlands equal to or less than one acre in size and having three wetland classes;

c. Wetlands equal to or less than one acre that have a forested wetland class; or

d. Wetlands with heron rookeries or raptor nesting trees.

3. “Category 3”: wetlands that are not Category 1 or 2 wetlands and that are equal to or less than one acre in size with two or fewer wetland classes.

BB. “Wetland boundary” means the line delineating the outer edge of a wetland as determined by a qualified professional using the Washington State Wetland Identification and Delineation Manual (Department of Ecology Publication No. 96-94) as required by RCW 36.70A.175.

CC. “Wetland functions” means the natural processes performed by wetlands, including functions that are important in facilitating food chain production, providing sites for nesting, rearing and resting for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for groundwater aquifers and moderating surface and stormwater flows, as well as performing other functions including, but not limited to, those set forth in the U.S. Army Corps of Engineers regulations at 33 C.F.R. Section 320.4(b)(2), 1988.

DD. “Wildlife habitat conservation area” means feeding, breeding and nesting sites for priority, endangered or threatened species, regardless of number. These lands are managed for maintaining species in a wild state in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. “Wildlife habitat conservation areas” include:

1. Priority habitats with priority species;

2. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

3. Waters of the state;

4. Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity; or

5. State natural area preserves and natural resource conservation areas. (Ord. 930 § 2, 2005)

16.16.050 Maps and study – Adoption.

A. The approximate location and extent of sensitive areas are shown on the sensitive area maps adopted by the city of Lake Forest Park, as most recently updated. The following sensitive area maps are hereby adopted:

1. City of Lake Forest Park official sensitive area maps known as the “Lake Forest Park Sensitive Areas Mapping Project,” completed in December 1991, and updates that are the result of sensitive areas studies by a qualified professional subject to review by the planning commission and approval by the planning director. Updates and original plates may be consolidated into a new official map subject to approval of the planning director.

2. Washington Department of Fish and Wildlife Priority Habitat and Species Maps;

3. Maps of wellhead protection areas included in the Lake Forest Park Water District Comprehensive Water System Plan, 2001.

B. These maps are for the guidance of the city of Lake Forest Park, project applicants, and/or property owners. They are a reference and do not provide a final sensitive area designation or delineation. (Ord. 930 § 2, 2005)

16.16.060 Sensitive area – Authority of planning director – Review process.

A. The planning director is authorized to administer this chapter and to make all decisions required by this chapter unless specifically provided otherwise.

B. The planning director shall perform a review for any development proposal permit application or other request for permission to proceed with an alteration on a site to:

1. Determine whether any sensitive area exists on the property and confirm its nature and type;

2. Determine whether a sensitive area study is required and, if so, the nature of that study;

3. Evaluate the sensitive area study;

4. Determine whether any proposed alteration to the sensitive area is necessary; and

5. Determine whether the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare, consistent with the purposes of this chapter. (Ord. 930 § 2, 2005)

16.16.070 Applications – Content – Fee.

A. Whenever the planning director determines that work on or development of a site will affect a sensitive area, an application for a sensitive area permit shall be filed with the planning director on forms provided by the city.

B. The applicant is responsible for providing and the application shall include information known to the applicant indicating whether the subject property is located in, adjacent to, contains, or has characteristics of an environmentally sensitive area as defined in this chapter or other adopted ordinances. The applicant responsibility includes informing the planning director of the discovery of sensitive areas during the development process that had not been earlier discovered or disclosed.

C. An application shall not be complete until:

1. The applicant has submitted a study prepared by a qualified professional that identifies and assesses any sensitive areas and buffers located on or adjacent to the proposed development site, the potential impacts to the sensitive areas; provided, however, that the planning director may waive the requirement for a study whenever the planning director determines that sufficient information is otherwise available to decide upon the application consistent with the requirements of this chapter, the city’s comprehensive plan, and city ordinances; and

2. The applicant has executed a hold harmless and release agreement in a form approved by the city releasing the city from liability for any damage arising from the location of improvements within the sensitive area or sensitive area buffer; and

3. The applicant has agreed that should the applicant fail to perform mitigation and monitoring as required the city may enter onto the property for the purpose of mitigation and monitoring as required by city permit at the applicant’s expense; and

4. The applicant has paid the fee established by the city council. An applicant shall be responsible for all costs associated with the employment of qualified professionals and any review conducted by city employees or city-retained consultants. The planning director may require a deposit to pay for city expenses related to the application as a condition of approval. (Ord. 930 § 2, 2005)

16.16.080 Applications – Approval – Permits – General condition.

A. In accordance with the provisions of this chapter, the planning director may approve, deny, or approve with conditions any application for a sensitive area permit. The planning director’s decision shall be in writing that sets forth the basis of the decision and cites the relevant code provision. Sensitive area permits shall be of two types:

1. A major sensitive area permit shall be required for all activities subject to this chapter, except as provided in subsection (A)(2) of this section.

2. A minor sensitive area permit shall be required for all activities:

a. Performed only by light equipment.

b. Authorized by LFPMC 16.16.230 and performed only by light equipment.

c. Authorized by the setback exceptions of LFPMC 16.16.240.

B. All work authorized by a sensitive area permit shall be conducted using the best management practices that result in the least amount of impact to the sensitive areas, including for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city may observe the use of best management practices as necessary to ensure that the activity does not result in degradation to the sensitive area. Any damage to, or alteration of, a sensitive area shall be restored, rehabilitated, or replaced as determined by the planning director at the responsible party’s expense. (Ord. 930 § 2, 2005)

16.16.090 Applications – Approval – Criteria – Revocation.

A. The planning director shall make final sensitive area determinations and issue sensitive area permits according to the requirements of this chapter, best available science, and sensitive area studies prepared by qualified professionals.

B. The planning director is authorized to conduct review of the sensitive area study submitted by the applicant using a qualified professional to verify the study’s findings, conclusions and recommendations. Before initiating a professional review, the city shall inform the applicant of the review and anticipated expense.

C. When reviewing an application, the planning director may consider any recommended development practices that may be used in conjunction with the adopted sensitive areas map and study. Recommended development practices may serve as a guideline for interpretation of both the study and sensitive areas map.

D. A permit issued on the basis of false information provided by the applicant is void and the holder of such permit shall have no rights thereunder. (Ord. 930 § 2, 2005)

16.16.100 Sensitive area – Special study requirement.

A. An applicant for a development proposal on a site determined by the planning director to be subject to the requirements of this chapter shall submit a sensitive area study that in the judgment of the planning director adequately evaluates the proposal and all probable impacts to the satisfaction of the planning director.

B. The planning director may require information from the applicant in addition to the sensitive area study as necessary to ensure compliance with this chapter. (Ord. 930 § 2, 2005)

16.16.110 Contents of sensitive areas study.

A. Sensitive area studies shall be in writing and:

1. Identify and characterize sensitive area as a part of a larger development proposal site;

2. Assess hazards posed by the development proposal to any sensitive areas or sensitive area buffers on or adjacent to the proposed site;

3. Propose adequate mitigation, maintenance, monitoring and contingency plans and bonding measures, if necessary;

4. Provide a scale map of the development proposal site;

5. Provide detailed studies, as required.

B. Sensitive area studies shall incorporate the best available science.

C. The planning director may permit a sensitive area study to incorporate studies required by other laws and regulations or other sensitive area studies performed under this chapter. (Ord. 930 § 2, 2005)

16.16.120 Mitigation and monitoring.

A. The planning director may require such mitigation as may be indicated as beneficial by the sensitive area study.

B. Mitigation of sensitive area impacts shall be conducted according to an approved mitigation plan that shall describe the existing functions and values of the affected sensitive areas, the nature and extent of impacts to those areas, and proposed mitigation measures to offset those impacts. The mitigation plan shall also contain a drawing that illustrates the compensatory mitigation elements. The plan and/or drawing shall list plant materials and other habitat features to be installed.

C. The applicant shall submit a monitoring and maintenance program prepared by a qualified professional that shall, at a minimum, include the following:

1. The goals and objectives for the mitigation plan;

2. The criteria for assessing the mitigation;

3. A monitoring plan that includes annual site visits by a qualified professional, with annual progress reports submitted to the planning director and that lasts for a period sufficient to establish that performance standards have been met as determined by the planning director, but no less than five years;

4. A contingency plan; and

5. A signed copy of the written contract with a qualified professional who will perform the monitoring program. The contract shall incorporate the terms of the required monitoring program.

D. Whenever the planning director determines that monitoring has established a significant adverse deviation from predicted impacts, or that mitigation or maintenance measures have failed, the applicant or the property owner shall be required to institute correction action, which shall also be subject to further monitoring as provided in this section.

E. All costs associated with the mitigation/monitoring and planning therefor, including city expenses, shall be the responsibility of the applicant. (Ord. 930 § 2, 2005)

16.16.130 Mitigation sequencing.

Applicants shall demonstrate that all reasonable efforts to avoid and minimize impacts to sensitive areas and buffers have been examined and that impacts have been avoided, minimized, or compensated for in the following order of preference:

A. Minimizing impacts by limiting the degree or magnitude of the action by using appropriate technology, or by taking affirmative steps to avoid or reduce the impact;

B. Rectifying the impact by repairing, rehabilitating, or restoring the affected sensitive area(s) and/or buffer(s);

C. Reducing or eliminating the impact or hazard over time through preservation and/or maintenance operations;

D. Compensating for the impact by replacing, enhancing, or providing substitute sensitive areas and/or buffers; and

E. Monitoring the impact and/or hazard and making appropriate corrective measures when necessary. (Ord. 930 § 2, 2005)

16.16.140 Timing.

A. All work approved or mitigation required by a sensitive areas permit shall be completed prior to the final inspection and occupancy of a project or sooner as prescribed by the planning director.

B. Failure to complete such action within the required time limit or any approved extension thereof shall render the sensitive area permit void, the project shall be subject to abatement, and the applicant shall be subject to sanctions as provided herein.

C. Upon showing of good cause, the planning director may extend the completion period. (Ord. 930 § 2, 2005)

16.16.150 Bond requirements.

A. The planning director may require a performance bond(s) or other security in an amount sufficient to guarantee that all required mitigation measures will be completed in a manner that complies with conditions of approval and to guarantee satisfactory workmanship and materials for a period not to exceed five years. The planning director shall establish the conditions of the bond or other security according to the nature of the proposed mitigation, maintenance or monitoring and the likelihood and expense of correcting mitigation or maintenance failures.

B. Performance and maintenance/monitoring bonds or other security shall also be required for restoration of a sensitive area or buffer not performed as part of a mitigation or maintenance plan, except that no bond shall be required for minor stream restorations carried out in compliance with applicable ordinances. The bond or other security shall be in a form and amount deemed acceptable by the planning director.

C. Posting of a bond or other security shall not discharge the obligation of an applicant or violator to complete required mitigation, monitoring or restoration. The requirement of a bond or other security is not intended and shall not be construed to relieve an applicant of any obligation imposed under this chapter. (Ord. 930 § 2, 2005)

16.16.160 Vegetation management plan.

A. Whenever the planning director determines that preservation of existing vegetation is required, a vegetation management plan prepared by a qualified professional shall be approved by the planning director before permit approval.

B. The vegetation plan shall identify the proposed clearing limits for the project and any areas where the sensitive area or buffer is proposed to be disturbed.

C. Clearing limits will be marked in a prominent and durable manner. Proposed methods of field marking shall be approved by the planning director and remain in place and visible until final project approval is granted.

D. The vegetation plan may be incorporated into a temporary erosion and sediment control plan (TESCP) or landscaping plan where either of these measures are required by the city or other laws. (Ord. 930 § 2, 2005)

16.16.170 Sensitive areas – Markers and signs.

A. Before work commences, the applicant shall mark the property with permanent survey markings, and stakes delineating the boundary between sensitive areas and adjoining areas shall be set, as established by current survey standards.

B. Temporary survey markings shall be highly visible and shall remain in place until the planning director authorizes their removal at the completion of the work.

C. The planning director may require fencing when needed to best protect the sensitive area.

D. The boundary between a sensitive area and adjoining land shall be identified with permanent signs. (Ord. 930 § 2, 2005)

16.16.180 Sensitive areas – Tract designations.

A. Sensitive areas tracts shall be established or legally described to delineate and protect all sensitive areas and buffers and shall be recorded on all documents of title or record for all affected lots. Development proposals, including subdivisions, short subdivisions, lot line adjustments, variance requests, conditional use permits and reasonable use requests shall be required to meet the provisions of this section when one or more of the following areas are present:

1. Landslide hazard areas and buffers;

2. Steep slope hazard areas and buffers;

3. Wetlands and buffers; and

4. Streams and buffers.

B. Site plans submitted as a part of development proposals shall include and delineate all sensitive areas attached and shall be attached to the notice on title as required by the planning director. (Ord. 930 § 2, 2005)

16.16.190 Notice to title.

A. A condition of a major sensitive area permit shall be a requirement that the property owner shall record a notice that the property is subject to regulation under this chapter.

B. The planning director may require that as a condition of approval of any development proposal or minor sensitive area permit a notice on title be filed putting on record that the property is subject to regulation under this chapter.

C. Notice on title shall include any requirement for mitigation and monitoring imposed as a condition of a sensitive area permit. (Ord. 930 § 2, 2005)

16.16.200 Performance standards for subdivisions.

The subdivision and short subdivision of land in sensitive areas and associated buffers is subject to the following:

A. Land that is located wholly within a wetland, stream, landslide hazard area or their buffers may not be subdivided.

B. Land on which a wetland, stream, landslide hazard area, or their buffers are located may not be subdivided unless each new lot that is created can be developed under city ordinances without resort to variance or other exemption and contains a buildable area of no less than 1,000 square feet.

C. Access roads and utilities serving the proposed subdivision may be permitted within the sensitive area and associated buffers only if the planning director determines that no other feasible alternative exists and then only in a manner consistent with the requirements of this chapter. (Ord. 930 § 2, 2005)

16.16.210 Sensitive areas rules.

The mayor shall adopt such administrative rules and regulations, including recommended development practices, deemed necessary to implement this chapter. (Ord. 930 § 2, 2005)

16.16.220 Exemptions.

The following are exempt from regulation under this chapter, unless specifically provided otherwise.

A. Emergency Actions.

1. Actions taken to prevent an immediate threat to public health, safety, or welfare, or that are necessary to address an immediate risk of damage to public or private property; provided, that emergency actions that create an impact to a sensitive area or its buffer shall be taken with reasonable methods that are least likely to affect sensitive areas.

2. The person undertaking such action shall notify the planning director within one working day following commencement of the emergency activity and shall apply to the planning director for review of the work performed. The planning director may require a study by a qualified professional or mitigation and monitoring as provided in LFPMC 16.16.100 through 16.16.130. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency and completed in a timely manner as prescribed by the planning director, with the goal of no net loss of critical area functions and values.

B. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, or drainage systems, that do not require construction permits, including vegetation management; provided, that the activity does not alter or increase the impact to, or encroach further within, the sensitive area or buffer.

C. Use, preservation, or continuation of landscaping and landscaped areas existing as of the effective date of the ordinance codified in this chapter or gardens planted and maintained before the effective date of the ordinance codified in this chapter; provided, that such use does not expand the landscaped areas into sensitive areas or their buffers and does not involve the applying of herbicides, pesticides or any other hazardous substance. However, property owners shall be encouraged to allow sensitive areas and buffers to become naturalized whenever possible.

D. Passive recreation, education, and scientific research activities that do not degrade sensitive areas or buffers, such as fishing, hiking and bird watching, not including trail building or clearing.

E. Construction or modification of navigational aids and boundary markers.

F. The removal of the following vegetation with hand labor and light equipment:

1. Invasive and noxious weeds as listed by state and county agencies;

2. English ivy (Hedera helix);

3. Himalayan blackberry (Rubus discolor, R. procerus); and

4. Evergreen blackberry (Rubus laciniatus). (Ord. 930 § 2, 2005)

16.16.230 Authorized exceptions to work in sensitive areas.

The planning director may issue a sensitive area permit for work in sensitive areas or sensitive area buffers as follows:

A. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new access roads or excavation activities that involve the removal of more than 10 cubic yards of material. In every case, impacts to sensitive areas and buffers shall be minimized and disturbed areas shall be immediately restored.

B. Conservation, preservation, restoration and/or enhancement unrelated to development proposals.

1. Conservation and/or preservation of soil, water, native vegetation, fish and/or other wildlife that does not entail modification of the location, size, dimensions or negatively impact the functions of an existing sensitive area and/or buffer; and

2. Restoration and/or enhancement of sensitive areas or buffers; provided, that the actions do not: (a) alter the location, dimensions or size of the sensitive area and/or buffer; (b) negatively impact the native vegetation or wildlife habitat attributes; and (c) reduce, but improve, the existing functions of the sensitive areas or buffers; and

3. All actions under this section must be actions that are implemented according to a restoration and/or enhancement plan that has been approved by the planning director. The planning director may waive the fee for permits issued under this subsection (B).

C. Structural modification of, addition to, or replacement of an existing legally constructed structure, constructed on or before the effective date of the ordinance codified in this chapter as long as the structure is enlarged not more than the lesser of 10 percent or 250 square feet than its footprint as of the effective date of the ordinance codified in this chapter, and that no portion of the modification or replacement is located closer to the sensitive area; provided, that restoration of structures damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently pursued to completion.

D. Activities within the improved right-of-way.

E. Utility projects that have minor or short-duration impacts to sensitive areas, and do not significantly impact the function or values of a sensitive area(s), as determined by the planning director according to the following criteria:

1. There is no practical alternative to the proposed activity with less impact on sensitive areas;

2. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility;

3. The activity involves disturbance of an area less than 75 square feet;

4. The project does not result in the permanent transportation of sediment or increased stormwater flow.

F. Public and Private Pedestrian Trails. Public and private pedestrian trails, except in wetlands or streams, subject to the following:

1. The trail surface shall be made with pervious materials and meet all other requirements including city surface water management standards;

2. The mitigation may include increase of sensitive area and/or buffer widths equal to the width of the trail corridor, including disturbed areas; and

3. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

G. Select Vegetation Removal Activities.

1. Notwithstanding the provisions of Chapter 16.14 LFPMC, trees shall not be removed from sensitive areas, except for trees that are hazardous or pose an imminent risk of damage to private property; provided, that:

a. The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees;

b. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;

c. All vegetation cut (tree stems, branches, etc.) shall be left within the sensitive area or buffer unless removal is warranted because of the potential for disease or pest transmittal to other healthy vegetation or the potential fire hazard;

d. The landowner shall replace any trees that are removed with new trees at a ratio of one replacement tree for each tree removed (1:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the sensitive area. Replacement trees shall be species that are native and indigenous to the watershed and a minimum of one inch in diameter-at-breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball;

e. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and

f. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this title.

2. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind or with similar native species or other nonnative plants as may be approved by the city within one year in accordance with an approved restoration plan.

3. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited. (Ord. 930 § 2, 2005)

16.16.240 Setback exception.

A. Whenever in the judgment of the planning director the presence of a sensitive area makes it impractical to locate a building pad on the lot except by intruding into required setbacks, the planning director may permit a deviation from the front and rear yard zoning setbacks required by this code for residential development proposals for single lots, long subdivisions, lot line revisions and short subdivisions.

B. Aggregate setbacks for new short subdivisions, long subdivisions, and lot line revisions shall be recorded on final documents.

C. The decision to grant a deviation shall be based on the following criteria:

1. The aggregate setbacks for the zoning front, rear, and side yard setbacks total 60 feet or more;

2. Front and rear zoning setbacks are no less than 10 feet;

3. Side zoning setbacks are no less than five feet;

4. Significant vegetation is preserved;

5. The applicant demonstrates to the city through submittal of an application and supporting documentation that the use of aggregate zoning setbacks will not:

a. Be materially detrimental to the public welfare or injurious to adjacent property or development or alterations; and

b. Alter the neighborhood character or the appropriate use or development of adjacent property; and

c. Conflict with the general purposes and objectives of the comprehensive plan; and

d. Degrade sensitive areas and sensitive areas buffer functions. (Ord. 930 § 2, 2005)

16.16.250 Reasonable use exception to allow for reasonable economic use.

A. If the application of this chapter will prevent any reasonable economic use of the owner’s property, then the applicant may apply to the planning department for an exception from the requirements of this chapter; may be applied for in accordance with the provisions of Chapter 16.26 LFPMC.

B. The planning director shall forward the application, along with the record submitted to the city and the director’s recommendation, to the hearing examiner for decision.

C. The hearing examiner shall grant an exception only if:

1. Application of the requirements of this chapter will deny all reasonable economic use of the property; and

2. There is no other reasonable economic use with less impact on the sensitive area; and

3. The proposed development does not pose an unreasonable threat to the public health, safety, or welfare, on or off the proposed site, and is consistent with the general purposes of this chapter and the comprehensive plan; and

4. Any alteration is the minimum necessary to allow for reasonable economic use of the property.

D. The hearing examiner shall grant an exemption from the requirements of this chapter only to the minimum necessary extent to allow for reasonable economic use of the applicant’s property.

E. The hearing examiner shall condition any exception from the requirements of this chapter upon conditions recommended by the city and upon compliance with any mitigation plan approved by the city. (Ord. 930 § 2, 2005)

16.16.260 Public agency and utility exception.

A. Whenever requirements of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply to the planning director for an exception pursuant to this section.

B. An application for a public agency and utility exception shall include a sensitive area study, including mitigation plan, if required. The planning director shall prepare and submit a recommendation to the hearing examiner.

C. The hearing examiner shall review and decide upon the application pursuant to the provisions of Chapter 16.26 LFPMC. The hearing examiner shall approve, approve with conditions, or deny the request according to the following criteria:

1. There is no other practical alternative to the proposed development with less impact on the sensitive areas;

2. The application of this chapter would unreasonably restrict the ability to provide utility services to the public;

3. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

4. The proposal attempts to protect and mitigate impacts to the sensitive area functions and values consistent with the best available science with the objective of no net loss of critical area functions and values; and

5. The proposal is consistent with other applicable regulations and standards. (Ord. 930 § 2, 2005)

16.16.270 Development standards – Sensitive area permits.

Work or development authorized by a sensitive area permit shall be subject to the development standards of this chapter. (Ord. 930 § 2, 2005)

16.16.280 Erosion hazard areas – Development standards – Permitted alterations.

A. Clearing is allowed between April 1st and September 30th.

B. Development proposals shall include a temporary erosion control plan approved by the planning director.

C. Clearing of roads and utilities shall remain within construction limits, which must be marked in the field prior to the beginning of any site work.

D. Clearing of roads and utilities shall be the minimum necessary to accomplish project-specific designs and shall remain within approved rights-of-way.

E. Clearing of trees, as permitted by the Lake Forest Park Municipal Code, may occur in conjunction with clearing for roadways and utilities.

F. Only that clearing necessary to install temporary sedimentation and erosion control measures shall occur before clearing of roadways or utilities.

G. All trees and understory shall be retained on lots or parcels during clearing for roadways and utilities; provided, that understory damaged during approved clearing operations may be pruned.

H. Retained trees, understory and stumps may be cleared only if such action is a necessary element of any site plan approval.

I. Erosion control measures including but not limited to hydroseeding shall be required.

J. All development proposals shall include an erosion control plan consistent with this chapter and other adopted requirements prior to plan approval.

K. Whenever, in the judgment of the planning director erosion from a development site poses a risk of damage to downstream receiving waters, the applicant shall be required to provide regular monitoring of surface water discharge from the site. If the project does not meet water quality standards established by other applicable code or rules, the city may suspend further development work until the project meets such standards.

L. The use of pesticides, herbicides, fertilizers and hazardous substances in erosion hazard areas shall be prohibited unless demonstrated to the satisfaction of the planning director that special circumstances require their use. (Ord. 930 § 2, 2005)

16.16.290 Landslide hazard areas – Development standards – Permitted alterations.

A. A minimum buffer of 50 feet shall be established from all edges of the landslide hazard area. Buffer widths shall be extended or adjusted as needed to mitigate a steep slope or erosion hazard or to promote the health and safety of the public. The buffer may be reduced to a minimum of 25 feet when a qualified professional demonstrates to the planning director’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments, and uses and the landslide hazard area.

B. Unless permitted by a sensitive area permit, vegetation may not be removed from a landslide hazard area or buffer except as required for surveying purposes.

C. Vegetation that has been damaged by any activity or invaded by noxious weeds or nonnative vegetation may be replaced within a landslide hazard area with approved native vegetation or nonnative plants as may be approved by the city as part of an approved enhancement plan. The use of pesticides, herbicides, fertilizers and hazardous substances in landslide hazard areas shall be prohibited unless demonstrated to the satisfaction of the planning director that special circumstances require their use.

D. Permitted alterations to landslide hazard areas and buffers are allowed only as follows:

1. Landslide hazard areas located on a slope of 40 percent or steeper may only be altered if the alteration meets the standards and limitations established for steep slope hazard areas;

2. Alteration of landslide hazard areas located on slopes of less than 40 percent are permitted only under the following conditions or circumstances:

a. The development proposal will not decrease slope stability on the site or on adjoining properties;

b. A licensed geologist or geotechnical engineer certifies that the landslide hazard area can be safely modified or the development proposal designed so the landslide hazard risk to the property or adjacent property is eliminated or mitigated;

c. The alteration will not adversely impact other sensitive areas, such as streams; and

d. The alteration will not result in an increase in peak surface water flows or sedimentation to adjacent properties;

3. Where such alterations are approved, buffers may not be required. (Ord. 930 § 2, 2005)

16.16.300 Seismic hazard areas – Development standards – Permitted alterations.

Development proposals for developments other than single-family residences may require review standards of critical facilities based on larger earthquake recurrence intervals and implementation of measures to mitigate the risk are implemented that meet accepted engineering standards for safety. (Ord. 930 § 2, 2005)

16.16.310 Steep slope hazard areas – Development standards – Permitted alterations.

A. Buffer Width Requirements. A minimum buffer shall be established at a horizontal distance of 50 feet from the top, toe and along all sides of any slope 40 percent or greater. The buffer may be reduced to a minimum of 25 feet when a qualified professional demonstrates to the planning director’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments, uses and the steep slope hazard area.

1. Removal of existing vegetation from a steep slope hazard area or buffer is prohibited unless otherwise provided for in an approved alteration plan. Limited removal for surveying purposes is permitted;

2. All buildings and structures shall have a minimum setback of 15 feet from the edge of the slope buffer. The 15-foot setback shall be measured at an angle that is perpendicular to the edge of the slope buffer.

B. Alterations to steep slopes and buffers will be permitted only as follows:

1. An approved surface water conveyance may be allowed on steep slopes if in the judgment of the planning director it can be installed in a manner to minimize disturbance to the slope and vegetation;

2. Approval of public and private trails may be allowed on steep slopes subject to compliance with recognized construction and maintenance standards. Construction of impervious surfaces, such as asphalt and concrete, that would contribute to surface water runoff is prohibited unless the applicant demonstrates to the satisfaction of the planning director such action is necessary for soil stabilization or prevention of soil erosion;

3. Utility corridors on steep slope hazard areas may be permitted if a study performed by a qualified professional establishes to the satisfaction of the planning director that the risk of landslide or erosion will not increase;

4. Limited trimming, limbing and pruning may be allowed on steep slopes for the creation and maintenance of views based on an approved vegetation management plan if soils are not disturbed and applicable administrative rules are followed.

C. The following may be permitted:

1. Alteration of slopes that are 40 percent or steeper with a vertical elevation change of up to 20 feet; provided, that a soils report prepared by a qualified professional satisfies the planning director that no adverse impact will result from the exception;

2. Any slope that was created through legal grading activity may be regraded as part of an approved development plan; provided, that any slope that remains 40 percent or steeper following site development shall be subject to all requirements for steep slopes.

D. When steep slope alterations are allowed by this section, the proposal shall:

1. Not decrease slope stability on the site or on adjoining properties; and

2. Be subject to certification by a qualified professional that the landslide hazard area can be modified safely or that the development proposal eliminates or mitigates the landslide hazard risk to the property or adjacent property; and

3. Not adversely impact other sensitive areas, such as streams; and

4. Not result in an increase in peak surface water flows or sedimentation to adjacent properties. (Ord. 930 § 2, 2005)

16.16.320 Wetlands – Development standards.

A. Wetland buffers, measured from the outer edge of the wetland boundary, are established as follows:

Wetland Type	Standard Buffer Width (feet)	Minimum Buffer Width with Enhancement (feet)
Category 1	150	105
Category 2	100	70
Category 3	50	35

B. Except as otherwise permitted herein, alteration of any wetland buffer is prohibited.

C. Wetlands within 25 feet of the toe of a slope 30 percent or steeper, but less than 40 percent, shall have the following buffers:

1. Where the horizontal length of the slope including small benches and terraces is within the buffer for the wetland class, the buffer width shall be the greater of:

a. The minimum standard for that wetland class;

b. Twenty-five feet beyond the top of the slope.

2. Where the horizontal length of the slope extends beyond the standard buffer for that wetland class, the buffer shall extend to a point 25 feet beyond the standard buffer for that wetland class.

D. Buffer width averaging may be allowed only where the applicant demonstrates to the satisfaction of the planning director:

1. That the wetland contains variations in sensitivity because of existing physical characteristics; and

2. That low-intensity land uses would be located adjacent to areas where buffer width is reduced and that such low-intensity land uses are guaranteed in perpetuity by covenant deed restriction, easement or other legally binding mechanism; and

3. That buffer width averaging will not adversely impact the wetland’s functional values; and

4. The buffer averaging provides additional protection; and

5. That the total area contained in the buffer on the development proposal site does not decrease, and the buffer is not reduced in any one location to less than the minimum buffer specified in subsection A of this section.

E. The planning director may reduce a standard wetland buffer to not less than the minimum buffer as follows:

1. In accordance with an approved sensitive area study, mitigation plan, and the best available science; provided, that a smaller area is adequate to protect the wetland functions based on site-specific characteristics and the proposal will result in a net improvement of wetland and buffer functions.

2. A plan for mitigating buffer-reduction impacts must be prepared that incorporates from the list below incentive-based mitigation to achieve a buffer no less than the minimum buffer listed in subsection A of this section. Whenever the reduced buffer area is degraded, the buffer reduction plan shall provide for revegetation of the degraded area with native plants or other nonnative plants as may be approved by the city and shall provide for a five-year monitoring and maintenance plan. Mitigation options include:

a. Removal of impervious surfaces.

b. Installation of biofiltration/infiltration mechanisms, such as the installation of bioswales, created and/or enhanced wetlands, or ponds.

c. Removal of invasive, nonnative vegetation subject to monitoring (minimum of five years) and continued-removal maintenance of relatively dense stands of invasive, nonnative vegetation from significant portions of the remaining buffer area in conjunction with dense planting of native trees and shrubs or other nonnative plants as may be approved by the city.

d. If not already required under an existing development proposal, installation of oil/water separators for stormwater quality control.

e. Use of pervious material for driveway/road construction.

f. Construction of roofs for on-site buildings built in accordance with the standards of the LEED Green Building Rating System.

g. Removal of significant refuse or sources of toxic material.

h. Revegetation enhancement of degraded buffer outside of the reduced buffer area if the remaining buffer beyond the enhanced buffer reduction area is degraded and a substantial portion of this degraded area is enhanced through revegetation with native plants or other nonnative plants as may be approved by the city subject to a five-year monitoring and maintenance plan.

F. Increased buffer widths shall be required when necessary to protect wetlands. The criteria used to determine increased buffer widths shall include:

1. The presence of critical drainage areas;

2. Location of hazardous materials;

3. The presence of critical fish and wildlife habitat;

4. The presence of landslide or erosion hazard areas adjacent to wetlands;

5. The presence of groundwater recharge and discharge;

6. The location of trail or utility corridors; and

7. Such other factors as may be adopted by administrative rule.

G. All buildings or other structures shall have a minimum setback of at least 15 feet from any place on the edge of a wetland buffer. The setback line shall be established by measuring perpendicularly from the edge of a wetland buffer.

H. Development proposals that would permit the introduction of livestock shall protect wetlands by the use of fencing located not closer than the buffer edge, or by use of other measures approved by the planning director.

I. The use of hazardous substances, pesticides or fertilizers in the wetland, its buffer, or in its setback shall be prohibited unless demonstrated to the satisfaction of the planning director that special circumstances require their use. (Ord. 930 § 2, 2005)

16.16.330 Wetlands – Permitted alterations.

A. Exceptions to the wetlands requirements may be allowed only if it is determined by the planning director that the development site proposal will enhance or protect the wildlife habitat, natural drainage or other functions and will be consistent with the purposes of this chapter.

1. The applicant shall submit a report prepared by a qualified professional. The report shall assess the habitat, water quality, stormwater detention, groundwater recharge, and erosion protection functions of the buffer; assess the effects of the proposed modification on those functions; and address other criteria listed in this subsection. The report shall include specific recommendations for mitigation including, but not limited to, construction techniques or design, drainage or density specifications.

2. If a wetland is located in a flood hazard area, the applicant shall notify in writing the affected parties and the appropriate responsible officials of the proposed alterations before undertaking any alteration.

3. Introduction of nonnative plant material or wildlife into any wetland or buffer is prohibited unless authorized by a city-approved nonnative plant list or a state or federal permit or approval.

B. Sewer utility corridors may be allowed in wetland buffers only if:

1. The applicant demonstrates that there are no feasible alternatives;

2. The corridor is not located in a wetland or buffer that is used by species listed as endangered, threatened or priority by the state or federal government or that contains critical or outstanding actual habitat for those species or rookeries or raptor nesting sites;

3. The corridor alignment including, but not limited to, any allowed maintenance roads follows a path beyond a distance equal to 75 percent of the standard buffer width from the wetland edge;

4. Any corridor construction or maintenance protects the wetland and buffer, the corridor is aligned to avoid cutting trees greater than 12 inches in diameter when possible, and use of pesticides, fertilizers, or herbicides is consistent with best management practices to avoid wetland and habitat impacts;

5. Provision is made for an additional contiguous buffer of equal width to the proposed corridor, including any maintenance roads to protect the wetland;

6. The corridor is revegetated with native vegetation to a state equal to or greater than preconstruction densities immediately upon completion of construction or as soon as possible. Maintenance and monitoring provisions for the revegetation will be a part of any revegetation plan;

7. Additional access for maintenance shall be limited to specific points rather than via parallel roads; and

8. The width of any necessary parallel road providing maintenance access is as narrow as possible, not to exceed 15 feet, and maintenance is carried out in accordance with wetland management standards.

C. Joint use of an approved sewer utility corridor by other utilities shall be encouraged.

D. Surface water management activities and facilities may be allowed in wetland buffers as allowed in wetlands approved for hydrologic modification and/or treatment in accordance with Guide Sheet 1B in Appendix I-D of the Department of Ecology Stormwater Management Manual for Western Washington (2005) and only as follows:

1. Surface water may discharge to a wetland from a detention facility, presettlement pond or other surface water management activity or facility; provided, that the discharge does not increase the rate of flow, change the plant composition or decrease the water quality of the wetland;

2. A Category 3 wetland or buffer may be used for a regional detention/retention facility only when:

a. A public agency or utility is authorized by LFPMC 16.16.260;

b. The rating or factors used in rating the wetlands will not alter the use;

c. There are no adverse impacts to the wetland;

3. A Category 3 wetland or buffer with the major function of water storage may be used as a regional retention/detention facility; provided, that presettlement ponds are required and all other applicable standards are met and:

a. No other practical alternative exists; and

b. The functions of the buffer or wetland are not adversely affected.

E. Wetlands shall not be used for retention/detention facilities other than for regional facilities as allowed in wetlands approved for hydrologic modification and/or treatment in accordance with Guide Sheet 1B in Appendix I-D of the Department of Ecology Stormwater Management Manual for Western Washington (2005) and as provided for in this section.

F. Alterations to isolated wetlands will be permitted only pursuant to an approved mitigation plan.

G. Wetland crossings may be allowed; provided, that the planning director determines that:

1. No possible alternative exists;

2. All crossings minimize impact to the wetland and provide mitigation for unavoidable impacts through restoration, enhancement or replacement of disturbed areas;

3. The overall wetland hydrology is not changed;

4. Important habitat functions are not disturbed;

5. Construction is scheduled during periods of low water tables, generally during the drier summer months. (Ord. 1011 § 1, 2010; Ord. 930 § 2, 2005)

16.16.340 Wetlands – Mitigation requirements.

A. Mitigation shall be conducted pursuant to LFPMC 16.16.100 through 16.16.130.

B. Restoration shall be required when a wetland or its buffer is altered in violation of this chapter or other applicable standards. To the extent practicable and applicable, restoration will conform to the following minimum requirements:

1. The original wetland shape and form shall be replicated, including its depth, width, length and gradients at the original location;

2. The original soil types and configuration should be restored;

3. The wetland edge and buffer configuration shall be restored to original condition;

4. The wetland edge and buffer shall be replanted with native vegetation which recreates the original in species, sizes and densities; and

5. The original wetland functions shall be restored, including but not limited to hydrologic and biologic functions.

C. The requirements of subsection A of this section may be modified if it is demonstrated that greater wetlands functions can be obtained otherwise.

D. Replacement shall be required when a buffer is altered pursuant to an approved development proposal or a wetland is used for a regional retention/detention facility or other approved use. The minimum standards required for the restoration of a wetland listed under subsection B of this section shall be followed.

E. Enhancement may be allowed when a wetland or buffer will be altered pursuant to a development proposal, but the wetland’s water quality or wildlife habitat functions will be improved. Minimum requirements for enhancement shall be established in administrative rules.

F. Surface water management or flood control alterations shall not constitute replacement or enhancement unless other functions are simultaneously improved.

G. Replacement or enhancement for approved wetland alterations shall meet the following minimum requirements unless upon review it is shown that a different ratio would enhance the wetland values and functions:

1. Unless it is shown upon review that different ratios would benefit the wetland, wetlands that are altered shall be replaced or enhanced on site with equal or greater biological values including habitat value, and with equivalent hydrological values, including storage capacity, using the following formulas:

a. Category 1 wetlands on a 6:1 ratio basis;

b. Category 2 wetlands on a 3:1 ratio basis;

c. Category 3 wetlands on a 2:1 ratio basis.

Mitigation shall result in equal or greater biological values including habitat and hydrological values, including storage capacity;

2. Replacement or enhancement off the site may be allowed; provided, that the applicant demonstrates that the off-site location is in the same drainage subbasin as the original wetland and that water quality or wildlife habitat functions will be increased. The formulas and requirements of subsection (G)(1) of this section will apply.

H. Monitoring shall be required in accordance with LFPMC 16.16.120. (Ord. 930 § 2, 2005)

16.16.350 Streams – Development standards.

A. Stream buffers measured from the ordinary high water mark, if such can be identified, otherwise from the top of the bank are established as follows:

Stream Type	Standard Buffer Width (feet)	Minimum Buffer Width with Enhancement (feet)
Type 1	115	70
Type 2	50	35
Type 3	35	25

B. Except as otherwise permitted herein, alteration of any stream buffer is prohibited.

C. Any stream restored, relocated, replaced or enhanced because of stream alteration shall have the standard required buffer.

D. Any stream with an ordinary high water mark within 25 feet of the toe of a slope 30 percent or steeper shall have a buffer equal to the greater of:

1. The standard stream buffer; or

2. A buffer 25 feet beyond the top of the slope; provided, that a stream buffer shall not be required to be greater than 25 feet beyond the standard stream buffer if the horizontal length of the slope including benches and terraces extends beyond the buffer.

E. Any stream abutted by riparian wetlands or other contiguous sensitive areas shall have the largest buffer required.

F. Buffer Width Averaging. Buffer width averaging may be allowed if it is demonstrated to the satisfaction of the planning director that averaging will provide additional protection, provided the total area contained in the buffer on the development proposal site does not decrease, and the buffer is not reduced in any one location to less than the minimum buffer listed above.

G. Reduction of Stream Buffer Widths.

1. The planning director may reduce the standard buffer to no less than the minimum buffer allowed by subsection A of this section, whenever, in the judgment of the planning director, a smaller width is adequate to protect the stream and habitat functions and the development proposal will result in a net improvement of stream and buffer functions.

2. The planning director’s decision shall be based upon a sensitive area study. If the planning director determines that mitigation is necessary, such mitigation shall be performed in accordance with LFPMC 16.16.120 through 16.16.130.

3. In addition, a plan for mitigating buffer-reduction impacts must be prepared that incorporates from the list below incentive-based mitigation options to achieve a buffer no less than the minimum buffer listed above. Whenever the reduced buffer area is degraded, the buffer reduction plan shall provide for revegetation of the degraded area with native plants and shall provide for a five-year monitoring and maintenance plan. Mitigation options include:

a. Removal of impervious surfaces.

b. Installation of biofiltration/infiltration mechanisms, such as the installation of bioswales, created and/or enhanced wetlands, or ponds supplemental to existing storm drainage and water quality requirements.

c. Removal of invasive, nonnative vegetation subject to monitoring (minimum of five years) and continued-removal maintenance of relatively dense stands of invasive, nonnative vegetation from significant portions of the remaining buffer area in conjunction with dense planting of native trees and shrubs.

d. In-stream habitat enhancement, such as log structure placement, bioengineered bank stabilization, culvert removal or replacement, improving fish passage and/or creation of side channel or backwater areas.

e. If not already required under an existing development proposal, installation of oil/water separators for stormwater quality control.

f. Use of pervious material for driveway/road construction.

g. Construction of roofs for on-site buildings in accordance with the standards of the LEED Green Building Rating System.

h. Removal of significant refuse or sources of toxic material.

i. Revegetation enhancement of degraded buffer outside of the reduced buffer area if the remaining buffer beyond the enhanced buffer reduction area is degraded and a substantial portion of this degraded area is enhanced through revegetation with native plants and subject to a five-year monitoring and maintenance plan.

H. As an alternative to the standard buffers listed in subsection A of this section, stream buffers in the town center zone may be determined by the planning director according to a sensitive area study prepared by a qualified professional. The planning director may approve the site-specific stream buffers, provided the following criteria are met:

1. Multiple fish and wildlife habitat functions will be enhanced;

2. Risk of flood or geologic hazards will be reduced;

3. Encroachment of paved areas into the standard buffer area is reduced;

4. Impacts of existing and proposed development are mitigated; and

5. The proposal results in a significant net benefit to sensitive areas protection.

I. Increased buffer widths will be required whenever in the judgment of the planning director an increase is necessary to protect streams. Provisions for additional buffer widths will be set forth in administrative rules and will include but not be limited to critical drainage areas, location of hazardous substances, fish and wildlife habitat, contiguous landslide or erosion hazard areas, groundwater recharge and discharge and location of trail or utility corridors.

J. The planning director may prohibit the use of herbicides, fertilizers, and pesticides in stream corridors or buffers unless it is demonstrated that special circumstances require their use and they are used in accordance with best management practices to avoid adverse habitat and wetland impacts.

K. LFPMC 16.16.320(H) applies to streams and their buffers.

L. Compliance with this chapter shall be in addition to, and not a fulfillment of, all requirements under Chapter 90.58 RCW, the Shoreline Management Act, and any development proposal shall, in addition to the requirements of this chapter, comply with the permitting and substantive requirements of Chapter 90.58 RCW, the Shoreline Management Act.

M. All buildings or structures shall have a setback of at least 15 feet from any place on the edge of a stream buffer. The setback line shall be established by measuring perpendicularly from the edge of a stream buffer. (Ord. 930 § 2, 2005)

16.16.360 Streams – Permitted alterations.

Alterations to streams and buffers may be allowed only as follows:

A. In accordance with a sensitive area study.

B. If a stream is located in a flood hazard area, the applicant shall notify affected parties in writing, as well as the appropriate responsible officials, of proposed alterations prior to any alteration.

C. Introduction of nonnative plant material or wildlife into any stream or buffer is prohibited unless authorized by a city-approved nonnative plant list or a state or federal permit or approval.

D. LFPMC 16.16.330(B) applies to streams and their buffers.

E. Joint use of an approved sewer utility corridor by other utilities shall be encouraged.

F. Surface water discharge to a stream from a detention facility, presettlement pond or other surface water management activity or facility may be allowed in a stream buffer if the discharge does not increase the rate of flow or decrease the water quality of the stream.

G. Stream crossings may be allowed if:

1. All crossings minimize impact to the stream and provide mitigation according to LFPMC 16.16.120;

2. All road crossings use bridges or other construction techniques which do not disturb the stream bank or bed;

3. All crossings are constructed during the low summer flow and are scheduled to avoid disturbances during critical salmonid use periods;

4. Crossings do not decrease the flood-carrying capacity of the stream;

5. Crossings are minimized and serve multiple purposes whenever possible or no other possible crossing site exists; and

6. Underground utility crossings are laterally drilled and located below the maximum depth of scour for the base flood, as determined by a qualified professional.

H. Stream relocations may be allowed only in the following instances:

1. As part of a public road project for which a public agency or utility exception is granted pursuant to LFPMC 16.16.260; and

2. For the purpose of enhancing resources in the stream if:

a. Appropriate floodplain protection measures are used; and

b. The relocation occurs on site, except that relocation off-site may be allowed if no practical on-site location exists, the applicant provides necessary easements and waivers from affected property owners and the off-site location is in the same drainage subbasin as the original stream.

I. Based on information provided by a civil engineer and biologist, approved relocations must demonstrate to the satisfaction of the planning director the following:

1. Equivalent base flood storage volume and function will be enhanced;

2. There will be no adverse impact to local groundwater;

3. There will be no increase in velocity;

4. There will be no interbasin exchange of water;

5. There will be no increased sediment load; and

6. Requirements of a mitigation plan are met.

J. A stream channel may be stabilized if:

1. Movement of the stream channel threatens existing improvements, natural resources or the sole access to property; and

2. The stabilization is done in compliance with the requirements of LFPMC 16.24.250 through 16.24.270.

K. Stream enhancement not part of any other development proposal may be permitted if the enhancement is carried out using a plan addressing design, implementation, maintenance and monitoring and prepared by a civil engineer and biologist.

L. A minor stream restoration project for fish habitat enhancement may be allowed if:

1. The restoration is completed by an authorized public agency;

2. The restoration plan is unassociated with mitigation of a specific development project;

3. The restoration is limited to specific salmonid habitat improvements as determined by appropriate public agencies; and

4. Disturbance to the area being restored is limited.

M. Restoring Piped Streams.

1. The city encourages the opening of previously channelized/culverted streams and the rehabilitation and restoration of streams.

2. When piped stream sections are restored, the minimum buffers listed in LFPMC 16.16.350 shall apply.

3. Modifications to the stream and buffer area to be restored shall include habitat improvements and measures to prevent erosion, landslide and water quality impacts. Opened channels shall be designed to support fish access, unless determined to be unfeasible by the planning director.

4. Removal of pipes conveying streams shall only occur when the planning director determines that the proposal will result in a net improvement of ecological functions and will not significantly increase the threat of on-site or off-site erosion, flooding, slope stability or other hazards.

N. All projects involving perennial streams shall make adequate accommodation for fish passage, as approved by the Washington State Department of Fisheries and Game. No obstructions shall be placed within the stream that would prohibit the free passage of fish under all flow conditions. (Ord. 930 § 2, 2005)

16.16.370 Streams – Mitigation requirements.

A. Restoration may be required as a condition of a sensitive area permit and shall be required when a stream or its buffer is altered in violation of this chapter or when done without permission. A mitigation plan for the restoration shall demonstrate that:

1. The stream has been degraded and restoration activity will not cause further damage;

2. The restoration will improve the water quality and fish and wildlife habitat of the stream;

3. The restoration will have no lasting adverse impact on the stream or its functions; and

4. The action of restoration will include, but not be limited to, the use of bioengineering principles to assist in stream stabilization.

B. Minimum requirements for stream restoration will include:

1. Basin analysis to determine hydrologic conditions;

2. The natural channel dimensions will be restored, including its depth, width, length and gradient at the original location, and the original horizontal alignments shall be replaced;

3. The stream bottom will be restored with identical or similar materials;

4. The bank and buffer configuration shall be restored to the original condition;

5. The channel, bank and buffer areas will be replanted with native vegetation or other nonnative plants as may be approved by the city;

6. The original biologic functions of the stream will be recreated.

C. The requirements of subsection B of this section may be modified if the applicant demonstrates that a greater biologic function can be achieved.

D. Replacement or enhancement will be required when a stream or buffer is altered pursuant to an approved development proposal. There will be no net loss of stream functions on a development proposal site and no impact on stream functions above or below the site due to approved alterations.

E. Relocation of streams must meet the requirements of subsection B of this section unless it can be demonstrated that the relocation will result in increased biologic function.

F. Replacement or enhancement for approved stream alterations shall be done in streams and on site unless it can be demonstrated that:

1. Enhancement or replacement on the site is not practical or possible;

2. The off-site location is in the same drainage subbasin as the original stream; and

3. Greater biologic and hydrologic functions will be obtained.

G. Surface water management or flood control alterations shall not be considered enhancement of a stream unless other functions are improved at the same time by the action. (Ord. 930 § 2, 2005)

16.16.380 Wildlife habitat conservation areas.

A. A sensitive area study for a habitat conservation area shall contain the information listed in LFPMC 16.16.110 and an assessment of habitats and potential for priority species including the following site- and proposal-related information:

1. Identification of any nonaquatic species of local importance, priority species, or endangered, threatened, sensitive or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

2. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

3. A discussion of any ongoing management practices that will protect habitat after the project site has been developed, including any proposed monitoring, maintenance, and adaptive management programs;

4. When appropriate, because of the type of habitat or species present or the project area conditions, the planning director may also require the habitat management plan to include an evaluation by the Washington Department of Fish and Wildlife or other qualified professional regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate;

5. Such other information that is required in the judgment of the planning director.

B. Development Standards.

1. Wildlife Habitat Conservation Area Buffers.

a. Establishment of Buffers. The planning director shall require the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas when needed to protect wildlife habitat conservation areas.

b. Seasonal Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Activities may be further restricted and buffers may be increased during the specified season.

2. General Requirements.

a. A wildlife habitat conservation area and associated buffer may be altered only if the proposed alteration of the habitat and associated buffer does not degrade the functions of the habitat and associated buffer.

b. Whenever activities are proposed in or adjacent to a wildlife habitat conservation area or associated buffer, such area shall be protected through the application of measures in accordance with a sensitive area study prepared by a qualified professional and approved by the city of Lake Forest Park, and guidance provided by the appropriate state and/or federal agencies.

c. Mitigation sites should be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved sensitive area study to minimize the isolating effects of development on habitat areas.

d. The planning director shall condition approvals of activities allowed within or adjacent to a wildlife habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:

i. Establishment of buffer zones;

ii. Preservation of critically important vegetation;

iii. Limitation of public access to the habitat area, including fencing to deter unauthorized access;

iv. Seasonal restriction of activities;

v. Establishment of a duration and timetable for periodic review of mitigation activities; and

vi. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation.

e. Mitigation of alterations to wildlife habitat conservation areas shall achieve equivalent or greater biologic functions. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis. (Ord. 930 § 2, 2005)

16.16.390 Wellhead protection areas.

A. To prevent uses that may be incompatible with groundwater protection, development in wellhead protection areas shall be limited to those uses allowed under single-family residential zoning.

B. Site impervious surfaces shall be limited to a total of 5,000 square feet or 35 percent of lot size, whichever is greater; provided, that this limit may be increased if a special study submitted by the applicant indicates that the proposed development includes on-site infiltration and will not have a negative impact on groundwater recharge. (Ord. 930 § 2, 2005)

16.16.400 Enforcement.

Except as provided in subsection E of this section, violations of this chapter shall be enforced as follows:

A. Except as otherwise provided in this section, a first offense shall be a civil infraction and proceeded against as provided in Chapter 18.71 LFPMC.

B. Except as otherwise provided in this section, a second offense shall be a civil violation subject to a fine not to exceed $5,000. Each day of violation shall be a separate offense. Civil violations shall be filed by civil complaint in the Lake Forest Park municipal court, which shall hear the matter without a jury.

C. A third offense shall be a gross misdemeanor.

D. Notwithstanding anything to the contrary in subsections A and B of this section, the planning director may refer any violation for criminal prosecution as a gross misdemeanor if the planning director determines that the estimated cost of mitigation or restoration will exceed $5,000, or that failure to comply with the provisions of this chapter result in environmental damage that, in the planning director’s judgment, cannot be corrected by mitigation or restoration.

E. Notwithstanding anything to the contrary in subsections A and B of this section, any person who works in a sensitive area without obtaining a sensitive area permit, when such a permit is required, is guilty of a gross misdemeanor

F. Notwithstanding anything to the contrary in subsections A and B of this section, any person who fails to comply with a stop-work order issued under Chapter 18.71 LFPMC with respect to a violation of this chapter shall be guilty of a gross misdemeanor. (Ord. 930 § 2, 2005)