Chapter 14.10
GENERAL PROVISIONS
Sections:
14.10.010 Authority.
14.10.020 Repeal.
14.10.025 Title.
14.10.030 Purpose.
14.10.040 Interpretation.
14.10.050 Applicability.
14.10.060 Definitions.
14.10.070 Administration.
14.10.080 Critical area protective measures.
14.10.085 Variances to critical areas.
14.10.090 Reconsideration and appeal procedures.
14.10.100 Fees.
14.10.110 Compliance.
14.10.120 Warning and disclaimer of liability.
14.10.130 Severability.
14.10.135 Violation – Civil infraction.
14.10.140 Appendices.
14.10.150 Figures.
14.10.010 Authority.
This title is established and adopted pursuant to:
A. Environmental policies and procedures for this title are established pursuant to Chapter 43.21C RCW, as amended and entitled the “State Environmental Policy Act” (SEPA), and Chapter 197-11 WAC, as amended and entitled “State Environmental Policy Act Rules”; and
B. The city adopts by reference WAC 197-11-300 through 197-11-800; and
C. Chapter 173-22 WAC; and
D. Chapter 86.16 RCW; and
E. The Growth Management Act (RCW 36.70A.060); and
F. The Tri-County Response to the 4(D) Rule-Land Management Development Regulations; and
G. RCW 36.70A.172, Critical areas – Designation and protection. (Ord. 02-200 § 2).
14.10.020 Repeal.
The current EMC Title 19, Shoreline Management, and EMC Title 20, Critical Areas, are hereby repealed in their entirety and EMC Title 20 is replaced with this title (effective December 24, 2002). Repeal of EMC Title 20 does not affect any existing permits, land use applications or requirements, or existing enforcement actions. (Ord. 02-200 § 2).
14.10.025 Title.
The current EMC Title 14, Environment, is hereby renamed EMC Title 20, SEPA, and the new EMC Title 14 shall be known as EMC Title 14, Critical Areas (effective December 24, 2002). (Ord. 02-200 § 2).
14.10.030 Purpose.
The purpose of this title is to protect environmentally sensitive critical areas of Edgewood from the impacts of development and protect development from the impacts of hazard areas by establishing minimum standards for development of sites which contain or are adjacent to identified critical areas and thus promote the public health, safety, and welfare by:
A. Avoiding impacts to critical areas;
B. Mitigating unavoidable impacts by regulating development;
C. Protecting critical areas from impacts of development;
D. Protecting the public against losses from:
1. Costs of public emergency rescue and relief operations where the causes are avoidable; and
2. Degradation of the natural environment and the expense associated with repair or replacement;
E. Preventing adverse impacts on water availability, water quality, wetlands, and streams;
F. Protecting unique, fragile, and valuable elements of the environment, including critical fish and wildlife habitat;
G. Providing department staff with sufficient information to adequately protect critical areas and proposed development when approving, conditioning, or denying public or private development proposals;
H. Providing the public with sufficient information and notice of potential risks associated with development in natural hazard critical areas; and
I. Implementing the goals and requirements of the Growth Management Act of 1990, the State Environmental Policy Act, the Puget Sound Water Quality Management Plan, the Pierce County Charter, the Pierce County Interim Growth Management Policies, the city of Edgewood comprehensive plan, and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the city of Edgewood.
J. This title also consolidates procedures and regulations that shall promote compatibility between the natural and built environment within the city of Edgewood. Chapters within this title detail the procedures for activities related to critical areas and natural resource lands. (Ord. 02-200 § 2).
14.10.040 Interpretation.
In the interpretation and application of this title, all provisions shall be:
A. Considered the minimum necessary;
B. Liberally construed to serve the purposes of this title; and
C. Deemed neither to limit nor repeal any other powers under state statute. (Ord. 02-200 § 2).
14.10.050 Applicability.
A. This title shall apply to all lands and waters within Edgewood that are designated as critical areas.
B. No development (see “development” definition) shall hereafter be affected without full compliance with the terms of this title.
C. When the requirements of this title are more stringent than those of other Edgewood codes and regulations, including the International Building Code, the requirements of this title shall apply.
D. Compliance with these regulations does not remove an applicant's obligation to comply with applicable provisions of any other federal, state, or local law or regulation.
E. Criteria for determining critical areas is contained within each chapter of this title.
F. When a site contains two or more critical areas, the site shall meet the minimum standards and requirements for each identified critical area as set forth in this title.
G. Critical areas, as defined and regulated by this title, are identified, but not limited to the following Edgewood critical areas atlas maps:
1. Wetland inventory maps; and
2. Landslide hazard area maps; and
3. Erosion hazard area maps; and
4. Seismic hazard area maps; and
5. Volcanic hazard area maps; and
6. Aquifer recharge and wellhead protection areas maps; and
7. Fish and wildlife habitat, and stream typing area maps; and
8. Flood hazard area maps; and
9. Resource lands maps; and
10. Soils maps; and
11. FIRM (flood insurance rate maps) maps.
H. The exact boundary of each critical area depicted on the critical areas atlas maps is approximate and is only intended to provide an indication of the presence of a critical area on a particular site. Additional critical areas that have not been mapped may be present on a site. The actual presence of a critical area, or areas and the applicability of these regulations shall be determined based upon the classification or categorization criteria and review procedures established for each critical area. City staff and/or consultant(s) may conduct on-site inspections to assess the site in order to determine if additional studies or reports identified in this title are necessary. An inspection report of findings shall be written after the on-site inspection and will become a part of any site development application as a future reference.
I. The Edgewood critical areas atlas maps shall be updated and maintained by the city's department of community development geospatial information system (GIS) division.
J. Development of the city's critical areas atlas maps were derived from the sources listed in EMC 14.10.140, Appendix A. These sources may be updated from time to time and will result in a correlating update to the applicable critical areas atlas maps. (Ord. 02-200 § 2).
14.10.060 Definitions.
A. This title shall rely on the definitions contained in Chapter 18.20 EMC, Definitions. The city also adopts by reference the definitions stated in WAC 197-11-700 through 197-11-799 as now or hereafter amended. In addition, the definitions in subsection (B) of this section shall also apply:
B. Additional definitions that apply to this title are:
“Abutting” means bordering upon, to touch upon, in physical contact with. Sites are considered abutting even though the area of contact may be only a point.
Act. See “State Environmental Policy Act (SEPA).”
“Actions” include, as further specified below:
1. New and continuing activities (including projects and programs) entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies;
2. New or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals. Actions fall within one of two categories:
a. Project Actions. Involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to:
i. License, fund, or undertake any activity that will directly modify the environment, whether the activity will be conducted by the agency, an applicant, or under contract;
ii. Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land, whether or not the environment is directly modified.
b. Nonproject Actions. Involve decisions on policies, plans, or programs.
i. The adoption or amendment of legislation, ordinances, rules, or regulations that contain standards controlling use or modification of the environment;
ii. The adoption or amendment of comprehensive land use plans or zoning ordinances;
iii. The adoption of any policy, plan, or program that will govern the development of a series of connected actions (WAC 197-11-060), but not including any policy, plan, or program for which approval must be obtained from any federal agency prior to implementation;
iv. Creation of a district or annexations to any city, town or district;
v. Capital budgets; and
vi. Road, street, and highway plans.
“Actions” do not include the activities listed above when an agency is not involved, or include bringing judicial or administrative civil or criminal enforcement actions (categorical exemptions in WAC 197-11-800 identify in more detail governmental activities that would not have any environmental impacts and for which SEPA review is not required).
“Activity” means any use conducted on a site.
“Addition” means an alteration to an existing structure that increases the floor area. There are two types of additions: additions affixed to the side of an existing structure and an upper story addition.
“Adjacent” means within 500 feet from the exterior boundaries of designated resource lands pursuant to RCW 36.70A.060.
“Addendum” means an environmental document used to provide additional information or analysis that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. The term does not include supplemental EISs. An addendum may be used at any time during the SEPA process.
“Aggrieved person” means the project sponsor, or any person affected by the proposal.
“Agricultural activities” means the production of crops and/or raising or keeping livestock, including operation and maintenance of farm and stock ponds, drainage ditches, irrigation systems, and normal operation, maintenance, and repair of existing serviceable agricultural structures, facilities, or improved areas, and the practice of aquaculture. Forest practices regulated under Chapter 76.09 RCW and WAC Title 222 are not included in this definition.
“Agricultural land” means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
“Alluvial geologic unit” means geologically recent stream, lake, swamp, and beach deposits of gravel, sand, silt, and peat.
“Animal containment area” means a site where two or more animal units of large animals per acre or 0.75 of an animal unit of small animals per acre are kept, and where a high volume of waste material is deposited in quantities capable of impacting groundwater resources.
“Animal unit” means the equivalent of 1,000 pounds of animal.
“Applicant” means any person or entity, including an agency, applying for a license from an agency.
“Application” means a request for a license.
“Aquifer” means a saturated geologic formation, which will yield a sufficient quantity of water to serve as a private or public water supply.
“Aquifer recharge area” means areas that have a critical recharging effect on groundwater used for potable water supplies and/or that demonstrate a high level of susceptibility or vulnerability to groundwater contamination from land use activities. Examples of aquifer recharge areas include:
1. Wellhead protection areas delineated pursuant to the Federal Safe Drinking Water Act; and
2. Other areas with a high level of susceptibility or vulnerability to contamination as demonstrated through the use of the DRASTIC (see DRASTIC) model.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the “100-year flood.”
“Best available science” means as defined by WAC 365-195-905, Criteria for determining which information is the “best available science.”
“Best available technology” means the technology that provides the greatest degree of protection to the natural resource, taking into consideration processes that are developed, or could feasibly be developed given overall reasonable expenditures on research and development, and processes that are currently in use. In determining what is best available technology, the local government shall consider the effectiveness, engineering feasibility and commercial availability of the technology.
“Best management plan” means a plan developed for a property, which specifies best management practices for the control of animal wastes, stormwater runoff, and erosion.
“Buffer” means an area contiguous with a critical area that is required for the integrity, maintenance, function, and structural stability of the critical area.
“Building footprint” means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
“Cave” means a natural subterranean chamber greater than one foot in diameter and greater than three feet deep.
“City” means the city of Edgewood.
“Class” means one of the wetland classes in the United States Fish and Wildlife Service (USFWS) December 1979 publication, Classification of Wetlands and Deep Water Habitats of the United States.
“Classification” means defining value and hazard categories to which critical areas and land resource lands will be assigned.
“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site, which exposes the earth's surface on the site.
“Cliff” means a steep vertical or overhanging face of rock or earth greater than 25 feet in height.
“Colluvium” means materials deposited by gravity at the foot of a slope (e.g., talus, soil creep, etc.).
“Compensatory mitigation” means mitigation to compensate for loss of wetland habitat due to filling of wetlands or other regulated activities in wetlands.
“Conservation easement” means a recorded deed restriction or covenant that runs in perpetuity on a parcel of land restricting the use of the property by preventing future real estate development such as residential, industrial, or commercial use. Conservation easements may allow for continued current uses (e.g., residential, recreational, agriculture, forestry, or ranching); however, conservation easements most often restrict both the current use as well as future uses of the land to some important conservation quality such as habitat preservation, open space, or scenic views. A land trust or governmental entity that manages properties for long-term goals typically holds conservation easements.
“Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally or occurs at concentrations and duration as to be injurious to human health or welfare or shown to be ecologically damaging.
“Council” means the Edgewood city council.
“County” means Pierce County.
“Crawl space” means the shallow space beneath the bottom floor of a house with no basement; used for access and inspection of framing, electrical, plumbing, insulation, vapor barriers, or duct work. For purposes of the National Flood Insurance Program Elevation Certificate, a crawl space that has subgrade around all sides shall be considered a basement.
“Creation” means producing or forming a wetland through artificial means from an upland (nonwetland) site.
“Critical areas” means erosion, landslide, seismic, volcanic, and flood hazard areas; streams; wetlands; fish and wildlife habitat; and aquifer recharge and (depressional) pothole areas as defined by RCW 36.70A.030. All of these areas are of special concern to the people of Edgewood and the state of Washington.
“Critical facilities” means those facilities occupied by populations or which handle dangerous substances including but not limited to hospitals, medical facilities; structures housing, supporting, or containing toxic or explosive substances; covered public assembly structures; school buildings through secondary, including daycare centers; buildings for colleges or adult education; jails and detention facilities; and all structures with occupancy of greater than 5,000 people.
“Debris flow” means the rapid downslope movement of a viscous mass of water-saturated regolith.
“Degraded” means to have suffered a decrease in naturally occurring functions and values due to activities undertaken or managed by persons on or off a site.
“Delineation” means a wetland study conducted in accordance with the Corps of Engineers Wetlands Delineation Manual 1987 edition and corresponding guidance letters and the Washington State Wetlands Identification and Delineation Manual.
“Delineation report” means a written document prepared by a wetland specialist, which includes data sheets, findings of the delineation, and a site plan, which identifies the wetland boundaries.
“Department” means any division, subdivision, or organizational unit of the city, established by regulations, resolution or order.
“Depressional pothole” means a relatively sunken or low-lying area of the earth's surface, especially one having no natural outlet for surface drainage.
“Designation” means taking formal legislative action to adopt classifications, inventories, and regulations.
“Determination of”:
1. Nonsignificance (DNS).
2. Significance (DS).
3. Mitigated determination of nonsignificance (MDNS).
“Development” means any human-induced change to improved or unimproved real property including, but not limited to, the construction of buildings or other structures, placement of manufactured home/mobile, mining, dredging, clearing, filling, grading, paving, excavation, drilling operations, or activities governed by EMC Title 16, Subdivisions.
“Development activity” means any construction, development, earth movement, clearing, or other site disturbance of the land, except as listed under exemptions.
“Director” means the city manager or designee.
“Downed logs” means trees that have fallen or toppled which are dead or in the process of dying, and exhibit sufficient decay characteristics to enable use by fish or wildlife species as habitat. Also referred to as “large woody debris (LWD).”
“DRASTIC” is an acronym for a computer model developed by the National Water Well Association and Environmental Protection Agency used to measure aquifer susceptibility.
“Drift” means a nearly horizontal mine passageway driven on or parallel to the course of a vein or rock stratum.
“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family.
“Earth/earth material” means naturally occurring rock, soil, stone, sediment, or combination thereof.
“Earthflow” means a slow downslope movement in which saturated regolith sags downward in a series of irregular terraces.
“Ecotone” means a transition area between two adjacent vegetation communities.
“Encroachment” means any development or regulated activity conducted inside the boundaries of a designated critical area and/or its associated buffer.
“Engineer” as defined by Chapter 18.43 RCW.
“Engineering geologist” means a geologist who, by reason of his or her knowledge of engineering geology, acquired by education and practical experience, is qualified to engage in the practice of engineering geology, has met the qualifications in engineering geology established under Chapter 18.220 RCW, and has been issued a license in engineering geology by the Washington State Geologist Licensing Board.
“Engineering geology” means a specialty of geology affecting the planning, design, operation, and maintenance of engineering works and other human activities where geological factors and conditions impact the public welfare or the safeguarding of life, health, property, and the environment.
“Enhancement” means actions performed to improve the condition of existing degraded wetlands and/or buffers so that the quality of wetland functions increases (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, removing nonindigenous plant or animal species, removing fill material or solid waste).
“Environmental determination” means that the responsible official or proponent has determined whether or not there are significant adverse effects on quality of the environment and if so, can they be mitigated.
“Environmental Impact Statements (EISs) – Types.” See Chapter 197-11 WAC, SEPA Rules.
“Environmental Review.” See Chapter 197-11 WAC, SEPA Rules.
“Erosion” means the wearing away of the earth's surface as a result of the movement of wind, water, or ice.
“Erosion hazard areas” means those areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or human-induced changes to such characteristics, are vulnerable to erosion.
“Excavation” means the mechanical removal of earth material.
“Extirpation” means the elimination of a species from a portion of its original geographic range.
“Facility” means all structures, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing, or otherwise handling a hazardous substance. Use of the term “facility” includes underground and aboveground tanks and operations, which handle, use, dispose of, or store hazardous substances.
“Fill/fill material” means a deposit of earth material placed by human or mechanical means.
“Filling” means the act of placing fill/fill material on any surface, including temporary stockpiling of fill material.
“Finished floor” means the top of the next higher floor above the lowest floor. For purposes of the National Flood Insurance Program Elevation Certificate, the finished floor referenced in this regulation shall equal the top of the next higher floor.
“Fish and wildlife habitat areas” means those areas identified as being of critical importance to maintenance of fish, wildlife, and plant species, including areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; waters of the state; lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity, or private organization; state natural area preserves and natural resource conservation areas.
“Fisheries biologist” means a professional with a degree in fisheries or certification by the American Fisheries Society, or with five years' professional experience as a fisheries biologist.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
“Flood hazard areas” means areas of flooding identified by verifiable flooded areas using:
1. Aerial photographs of the city, especially those taken in wintertime 1996 and 1997; or
2. Relevant and verifiable information from the city's capacity analysis technical review adhoc committee (CATRAC) draft report, 2000; or
3. Relevant and verifiable government and citizen photographs, notes, observations, etc. regarding historic ponding/flooding levels; or
4. Relevant and verifiable information available through Pierce County; or
5. Relevant and verifiable information available through the Federal Emergency Management Agency (FEMA); or
6. Areas of land located in floodplains, which are subject to a one percent or greater chance of flooding in any given year, including, but not limited to, streams, rivers, lakes, ponds, wetlands, depressional potholes and the like.
“Flood Insurance Rate Map (FIRM)” means the official map of a community on which the Federal Insurance Administration (FIA) administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
“Floodfringe” means the area subject to inundation by the base flood, but outside the limits of the floodway, and which may provide needed temporary storage capacity for floodwaters.
“Floodplain” means the total area subject to inundation by the base flood, including the floodfringe and the floodway areas.
“Floodway” means the channel of a river or other watercourse, and the land areas that must be reserved in order to convey and discharge the base flood without cumulatively increasing the water surface elevation by more than one foot, and those areas designated as deep and/or fast-flowing water.
“Foundation footing setback” means a typical geotechnical recommendation intended to assure that a proposed structure is protected in the event of a slope failure or sloughage. A foundation footing setback is measured horizontally from the face of the foundation footing to the face of the slope. A foundation footing setback for this purpose should not be confused with a building or construction setback from a landslide hazard area buffer. A foundation footing setback is also not a buffer (see Figure 14.10-1 in EMC 14.10.150).
“Geological assessment” means an assessment prepared by a professional engineer licensed by the state of Washington with expertise in geotechnical engineering or prepared by a licensed professional geologist, hydrologist, or soils scientist, as specified later in this section, who has earned the related bachelor's degree from an accredited college or university, or equivalent educational training, and has five years' experience assessing the relevant geologic hazard. A geological assessment must detail the surface and subsurface conditions of a site and delineate the areas of a property that might be subject to specified geologic hazards.
“Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
“Geologist” means engineering geologist, or hydrogeologist, registered in the state of Washington.
“Geotechnical professional” means a person with experience and training in analyzing, evaluating, and mitigating landslide, erosion, and/or seismic hazards. A geotechnical professional shall be licensed in the state of Washington as a geologist or professional engineer, and must have five or more years experience specializing in landslide, erosion, or seismic hazards, as applicable.
“Geotechnical report” means a report prepared by a professional engineer licensed by the state of Washington with expertise in geotechnical engineering, evaluating the site conditions and mitigating measures necessary to reduce the risks associated with development in geologically hazardous areas.
“Grading” means any excavating, filling, clearing, or creating of impervious surfaces or combination thereof.
“Ground amplification” means an increase in the intensity of earthquake-induced ground shaking which occurs at a site whereby thick deposits of unconsolidated soil or surficial geologic materials are present.
“Groundwater” means all water found beneath the ground surface, including slowly moving subsurface water present in aquifers and recharge areas.
“Group A water system” means a water system:
1. With 15 or more service connections; or
2. A system that services an average of 25 or more people per day for 60 or more days within a calendar year.
“Habitat assessment” means a report prepared by a professional wildlife biologist or fisheries biologist, which identifies the presence of fish and wildlife habitat conservation areas near the proposed development site.
“Habitat evaluation” means a procedure for determining the abundance and quality of habitat features for a species or other taxonomic group (in this case, salmonid fishes) at or on a particular site or property.
“Habitat evaluation report package” means the combined materials that compose a report on a habitat evaluation (see definition in this section), including narrative on methods and findings, as well as maps and data in tabular and graphic form.
“Habitat management plan” means a report prepared by a professional wildlife biologist or fisheries biologist, which discusses and evaluates the measures necessary to maintain fish and wildlife habitat conservation areas on a proposed development site.
“Habitat of local importance” means an area, range, or habitat within which a species has a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. Examples include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These areas may also include habitats that are of limited availability or high vulnerability to alteration.
“Hard armoring” means the use of large rock and/or human-made materials to protect property from shoreline erosion. Such techniques include cement/concrete bulkheads, steel structures, rock wall revetments, and rock gabion structures. Hard armoring typically does not utilize or integrate any of soft armoring or soil bioengineering techniques.
“Hazardous substance(s)” means any liquid, solid, gas, or sludge, including any materials, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
“Hazardous substance processing or handling” means the use, storage, manufacture, or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. Hazardous substances shall not be disposed on-site unless in compliance with Dangerous Waste Regulations, Chapter 173-303 WAC, and any pertinent local ordinances such as sewer discharge standards.
“Hazardous waste” means and includes all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.
1. “Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including but not limited to certain pesticides or any residues or containers of such substances which are disposed of in such quantity or concentrations as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
a. Have short-lived, toxic properties that may cause death, injury, or illness, or have mutagenic, teratogenic, or carcinogenic properties; or
b. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
2. “Extremely hazardous waste” means any waste which:
a. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife; and
b. Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.
“Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. Treatment includes using physical, chemical, or biological processing of hazardous wastes to make such waste nondangerous or less dangerous and safer for transport, amenable for energy or material resource recovery. Storage includes the holding of waste for a temporary period, but not the accumulation of waste on the site of generation as long as the storage complies with applicable requirements of Chapter 173-303 WAC.
1. “On-site treatment and storage facility” means a facility that treats or stores hazardous wastes generated on the same geographically contiguous property.
2. “Off-site treatment and storage facility” means a facility that treats or stores hazardous wastes generated on property other than those on which the off-site facility is located.
Hearing Examiner or Examiner. See EMC 18.20.110, “H” definitions.
“Holocene epoch” means that part of the geologic record that post-dates the youngest deposits associated with the late Pleistocene Age Fraser Glaciation.
“Hydrogeologic assessment” means a report detailing the subsurface conditions, the design of a proposed land use action, and the facilities operation which indicates the susceptibility and potential for contamination of groundwater supplies.
“Hydrologically connected” means a connection between two or more surface water bodies including, but not limited to, wetlands, streams or lakes as evidenced by:
1. The presence of surface water in a perennial or intermittent stream, through a culvert or otherwise above ground;
2. The presence of contiguous hydric soil; or
3. The location of a water body within or contiguous to a 100-year floodplain of a wetland, stream or lake.
“Hydrologically isolated wetland” means a wetland which:
1. Is not contiguous to any 100-year floodplain of a lake, river, or stream; and
2. Has no contiguous surface hydrology, hydric soil, or hydrophytic vegetation between the wetland and any other wetland or stream system.
“Impervious surface” means a hard surface, which prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area, which causes water to run off the surface in greater quantities or at an increased rate of flow than the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, gravel parking lots, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.
“In-kind mitigation” means to replace wetlands with substitute wetlands whose characteristics and functions and values are intended to replicate those destroyed or degraded by a regulated activity.
“Interspersion between wetland classes” means the degree to which different wetland classes are scattered among each other.
“Lahar” means a mudflow or debris flow mobilized by water, which originates on the slopes of a volcano.
“Lakes” means impoundments of open water 20 acres or larger.
Landfill. See EMC 18.20.150, “L” definitions.
“Landslide” means the abrupt downslope movement of soil, rocks, or other surface matter on a site. Landslides may include but are not limited to slumps, mudflows, earthflows, rockfalls, and snow avalanches.
“Landslide hazard areas” means areas which are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.
“Large animal” means an animal with an average weight of 100 pounds or more.
“License” means any form of written permission given to any person, organization, or agency to engage in any activity, as required by law or agency rule. A license includes all or part of a city permit, certificate, approval, registration, charter, or plat approvals or rezones to facilitate a particular proposal. The term does not include a license required solely for revenue purposes.
“Liquefaction” means a process by which a water-saturated granular (sandy) soil layer loses strength because of ground shaking commonly caused by an earthquake.
“Long-term commercial significance” means the growing capacity, productivity, and soil composition of land, which makes it suitable for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of land.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement and crawl space). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title. For purposes of the National Flood Insurance Program Elevation Certificate, the lowest floor referenced in this regulation shall equal the top of the bottom floor.
“Maintenance” means those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. For the purposes of this document, activities within landscaped areas within areas subject to native vegetation retention requirements may be considered maintenance only if they maintain or enhance the canopy and understory cover.
“Manufactured home/mobile home” means a structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home/mobile home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home/mobile home” does not include park trailers, travel trailers, recreational vehicles, or other similar vehicles.
“Minerals” include gravel, sand, or other resources that are extracted from the ground, and valuable metallic substances.
“Mineral resource lands” means lands primarily devoted to the extraction of minerals or which have known or potential long-term commercial significance for the extraction of minerals.
“Mitigation” means:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;
6. Monitoring the impact and taking appropriate corrective measures; and
7. Measures used in sequential order to eliminate, reduce, or compensate for adverse impacts to habitat resulting from a development proposal or alteration.
“Mudflow” means a debris flow containing an abundance of fine particles.
“Native vegetation” means a mix of plant species comprising herbs, grasses, grass-like plants, shrubs and trees indigenous to the Puget Sound region that reasonably could be expected to naturally occur on the site.
“Natural resource lands” means agricultural and mineral resource lands, which have long-term commercial significance.
“Oak woodlands” means those areas where Oregon white oak comprises more than 20 percent of the trees in a stand, and where the stand size is one acre or greater; provided, that stand size may be smaller where white oak serves as linkages between larger stands. Trees should be greater than 15 inches in diameter at breast height and greater than 16 feet tall.
“Old growth forests” means a stand of trees generally containing mature and overmature trees in the overstory, a multi-layered canopy and trees of several age classes, and standing dead trees and down material.
“Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.
“Ordinary high water mark (OHWM)” means the mark on all lakes, streams and tidal waters that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland and vegetation, as that condition exists on the effective date of the ordinance codified in this title, or as it may naturally change thereafter. In any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean higher high tide in areas adjoining saltwater, and the line of mean high water in areas adjoining freshwater.
“Out-of-kind mitigation” means to replace wetlands with substitute wetlands whose characteristics do not approximate those destroyed or degraded by a regulated activity.
“Parties of record” are those persons with legal standing with respect to an application including the applicant, property owner as identified by the records available from the Pierce County assessor's office, or any person who testified at the open record public hearing on the application; and/or any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open record public hearing, excluding persons who have only signed petitions or mechanically produced form letters.
“Permanent erosion control” means continuous on-site and off-site control measures that are needed to control conveyance and/or deposition of earth, turbidity, or pollutants after development, construction, or restoration.
Person. See EMC 18.20.190, “P” definitions.
“Plat” means:
1. “Short subdivision” or “short plat” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
2. “Subdivision” or “formal subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or division for the purpose of sale, lease, or transfer of ownership.
“Ponds” means naturally occurring impoundments of open water less than 20 acres in size and larger than 2,500 square feet, which maintain standing water throughout the year. Also see “depressional pothole.”
“Private organization” means a nonprofit corporation organized pursuant to Chapter 24.03 RCW, which includes the planting of game fish among its purposes for organizing as a nonprofit corporation.
“Project permit” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, site development permits, land use preparation permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, development plan review, site specific rezones authorized by the comprehensive plan; but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection.
“Professional engineer” means an engineer currently licensed and registered in the state of Washington.
“Public services” means fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
“Recessional outwash geologic unit” means sand and gravel materials deposited by melt-water streams from receding glaciers.
“Reconstruction” means the rebuilding of an existing structure which has been partially or completely destroyed by any cause, such as but not limited to fire, wind, landslides, and water, without increasing the original floor area or square footage area.
“Rectification” means an action which repairs an alteration to habitat and its functions.
“Regolith” means any body of loose, noncemented particles overlying and usually covering the bedrock.
“Regulated activities” means, but is not limited to, any of the following activities which are directly undertaken or originate in a regulated critical area or its buffer: building permit, commercial or residential; binding site plan; franchise right-of-way construction permit; site development permit; right-of-way permit; shoreline permits; short subdivision; use permits; subdivision; utility permits; or any subsequently adopted permit or required approval not expressly exempted by this title.
“Rehabilitation” means any improvements and repairs which are made to the interior and exterior of an existing structure, but which do not result in any increase in the floor area of the structure. This is also commonly referred to as a “remodel” of an existing structure.
“Restoration” means an action which returns habitat to a state in which its stability and functions approach its unaltered state as closely as possible.
“Revised Code of Washington (RCW)” means all laws of a general and permanent nature heretofore or hereafter enacted by the legislature, and assign permanent numbers as provided by law to all new titles, chapters, and sections thereof.
“Riparian” means the area adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. Riparian habitat begins at the ordinary high water mark and includes the entire extent of the floodplain and riparian areas of wetlands that are directly connected to the stream course.
“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
“Sensitive areas” mean agricultural lands and mineral resource lands and all associated buffers.
“Shoreline” for this title means the line where a body of water and the shore meet or the strip of land along the shoreline. There are no waters within the city of Edgewood meeting the criteria of shorelines of statewide significance as defined by RCW 90.58.030.
“Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.
“Site” means a lot, parcel, tract, or combination of lots, parcels, or tracts on which a regulated activity is proposed.
“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.
“Sludge” means a semisolid substance consisting of settled solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or system or other sources, including septage sludge, sewage sludge, and industrial sludge.
“Sludge land application site” means a site where stabilized sludge, septage, and other organic wastes are applied to the surface of the land in accordance with established agronomic rates for fertilization or soil conditioning.
“Slump” means the downward and outward movement of a mass of bedrock, colluvium, or regolith along a distinct surface of failure.
“Small animal” means an animal with an average weight of less than 100 pounds.
“Snag-rich areas” means forested areas which contain concentrations of standing dead trees, averaging 10 snags or greater per acre, and averaging greater than 15 inches in diameter at breast height.
“Special occupancy structures” means those structures that have the potential to provide capacity for large numbers of people or special groups of people or assemblies such as but not limited to schools, jails and detention facilities, and resident incapacitated patients.
“Species of local importance” means species that are of local concern due to their population status or their sensitivity to habitat manipulation.
“Soft armoring techniques” means the use of woody plants and limited structural-mechanical systems that are integrated in a structurally and environmentally sound manner to repair and protect slopes and shorelines against shallow mass wasting and surface erosion. Measures such as live stake, live fascine, brushlayer, live cribwall, vegetated geogrid, branchpacking, live slope grading, beach berms, or earthen berms are examples of soft armoring techniques. Soft armoring techniques may also be referred to as soil bioengineering methods.
“State Environmental Policy Act (SEPA)” means RCW 43.21C.010, to declare a state policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere; stimulate the health and welfare of man; and to enrich the understanding of the ecological systems and natural resources important to the state and nation.
“State Environmental Policy Act (SEPA) Rules” means Chapter 197-11 WAC adopted by Washington State Department of Ecology as now, or hereafter, amended.
“Stockpiling” means the placement of material with the intent to remove it later.
“Subbasin” means a drainage area which drains to marine water, lakes or the mainstem of a watershed water resource inventory area.
“Subclass” means one of the subclasses identified in the United States Fish and Wildlife Service (USFWS) December 1979 publication, Classification of Wetlands and Deep Water Habitats of the United States.
“Substantial improvement” means any repair, reconstruction, addition, rehabilitation, or other improvement of a structure, whereby the current permit valuation for the work exceeds 50 percent of the current permit valuation of the existing structure. The building official shall determine the current permit valuation based on the cost per square foot values in effect at the time of permit application. Substantial improvement shall be accumulative from the effective date of the ordinance codified in this chapter. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
“Substrate” means the soil, sediment, decomposing organic matter, or combination of those located on the bottom surface of a wetland.
“Talus” means a homogenous area of rock rubble ranging in average size 0.15 to 2.0 meters (0.5 to 6.5 feet) composed of basalt, andesite, and/or sedimentary rock, including riprap slides and mine tailings. Talus areas may be associated with cliffs.
“Ten-year time travel zone boundary” means the maximum distance around a pumping well from which a contaminant hypothetically present in groundwater could travel to the well within a 10-year time period.
“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration.
“Toe of slope” means a distinct topographic break in slope at the lowermost limit of the landslide or erosion hazard area.
“Top of slope” means a distinct topographic break in slope at the uppermost limit of the landslide or erosion hazard area.
“TPCHD” means the Tacoma-Pierce County Health Department.
“Underground storage tank” means any one or a combination of tanks (including underground pipes connected thereto) which are used to contain or dispense an accumulation of hazardous substances or hazardous wastes, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.
“Urban governmental services” means those governmental services historically and typically delivered by cities, and includes storm and sanitary sewer systems, domestic water systems, street cleaning services, and other public utilities associated with urban areas and normally not associated with nonurban areas.
“Urban growth” means growth that makes intensive use of the land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. ‘Characterized by urban growth' refers to land having urban growth located on it or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
“Utility line” means pipe, conduit, cable, or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, communications, and sanitary sewers.
“View corridor” means an area, which affords views of lakes, mountains, or other scenic amenities normally enjoyed by residential property owners.
“Volcanic hazard areas” means those areas subject to pyroclastic flows, lava flows, and inundation by debris flows, mudflows, or related flooding resulting from geologic or volcanic events on Mount Rainier.
“Washington Administrative Code (WAC)” means state of Washington Administrative Code.
“Wellhead protection area” means the area within the 10-year time-of-travel zone boundary of a group A public water system well, as delineated by the water system purveyor or its designee, pursuant to WAC 246-290-135.
“Wetland” means any area which is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. For the purpose of this definition:
1. Where the vegetation has been removed or substantially altered, the presence of a wetland is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the “Washington State Wetlands Identification and Delineation Manual,” 1997, Department of Ecology;
2. A wetland may occur along the shoreline of tidal water, a lake, a stream or in a depression in the landscape. For any wetland occurring along a shoreline, the wetland's waterward boundary is where the water's depth exceeds six and six-tenths feet below low water or, if low water cannot be determined, six and six-tenths feet below the outlet's invert elevation;
3. Except for artificial features intentionally made for the purpose of mitigation, a wetland does not include an artificial feature made from a nonwetland area which may include, but is not limited to, a surface water conveyance for drainage or irrigation, a grass-lined swale, a canal, a flow control facility, a wastewater treatment facility, a farm pond, a wetpond, landscape amenities or a wetland made after July 1, 1990, which was unintentionally made as a result of the construction of a road, street, or highway; and
4. Wetlands shall include those wetlands intentionally created from nonwetland areas, formed to mitigate conversion of wetlands.
“Wetland, isolated” means a wetland, which is not hydrologically connected, does not have permanent open water and is often of low function.
“Wetland specialist” means a person with experience and training in wetlands issues and with experience in performing a wetland delineation, analyzing wetland functions and values, analyzing wetland impacts, and recommending wetland mitigation and restoration.
Qualifications include:
1. Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two years of related work experience, including a minimum of one year experience delineating wetlands using the Unified Federal Manual and preparing wetland reports and mitigation plans. Additional education may substitute for one year of related work experience; or
2. Four years of related work experience and training, with a minimum of two years experience delineating wetlands using the Unified Federal Manual and preparing wetland reports and mitigation plans. The person should be familiar with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers Wetlands Delineation Manual 1987 edition and corresponding guidance letters, Washington State Wetlands Identification and Delineation Manual, the city site development regulations, and the requirements of this title.
“Wildlife biologist” means a professional with a degree in wildlife, or certification by the Wildlife Society, or with five years' professional experience as a wildlife biologist. (Ord. 02-200 § 2).
14.10.070 Administration.
A. Approvals Required. An approval must be obtained from the city when the department determines that the site or project area is or may be located within a critical area, as set forth in each chapter.
B. Application Requirements.
1. Preliminary Review. The provisions for conducting a preliminary review of an application is set forth in EMC 18.40.070, Process types.
2. Application Filing.
a. Applications shall be reviewed for completeness in accordance with department submittal standards checklists and pursuant to EMC 18.40.150, Determination of completeness.
b. Applications and associated reports shall not be submitted without an accompanying permit application for an underlying action (parent application) such as, but not limited to, a building permit, subdivision or boundary alteration action, site development application, TPCHD permit, or use permit, with the exception of applications required by the department as a result of an enforcement action.
3. Modifications. The department may request an update of any required assessment, report, delineation, etc., due to the potential for change in the existing environment that may have been caused by a natural event (e.g., seismic event, landslides, flooding, etc.) or human induced activity that degraded the existing conditions that occurred after the original document was initially submitted.
C. Public Notice. Public notice provisions for notice of application; public hearing, if applicable; and final decision pursuant to this title are outlined in EMC 18.40.190, Notice of public hearing.
D. Review.
1. Initial Review. The department shall conduct an initial review of any application in accordance with the provisions outlined in EMC 18.40.150, Determination of completeness.
2. Review Responsibilities.
a. The department is responsible for administration, circulation, and review of any applications and approvals required by this title.
b. The examiner shall be the decision authority for reasonable use applications.
c. Other city or county departments and state agencies, as determined by the department, may review an application and forward their respective recommendations to the director or examiner, as appropriate.
3. Review Process.
a. The department shall perform a critical area review for any building or land use application submitted for a regulated activity, including, but not limited to, those set forth in EMC 14.20.020. Reviews for multiple critical areas shall occur concurrently.
b. The department shall, to the extent reasonable, consolidate the processing of related aspects of other Edgewood regulatory programs which affect activities in regulated critical areas, such as subdivision or site development, with the approval process established herein so as to provide a timely and coordinated review process.
c. As part of the initial review of all development or building-related approvals or permit applications, the department shall review the information submitted by the applicant to:
i. Confirm the nature and type of the critical area and evaluate any required assessments, reports, or studies;
ii. Determine whether the development proposal is consistent with this title;
iii. Determine whether any proposed alterations to the site containing critical areas are necessary; and
iv. Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this title.
d. Regulated activities subject to SEPA shall also be reviewed with consideration for impacts on critical areas as identified in this title. Regulated activities that pose a significant adverse impact which are not addressed by the standards and criteria established in this title (gaps), may be subject to additional mitigation measures as determined through the SEPA process. A threshold determination issued pursuant to EMC Title 20, SEPA, may not be made prior to departmental review of any special studies or technical reports required by this title, except where the applicant requests a declaration of significance so that environmental review is required.
e. Critical area applications required under this title shall be approved prior to approval of any related action (parent application) such as, but not limited to, a building permit, subdivision action, site development action, forest practice application, or use permit.
f. The requirement to submit a critical area assessment, report, etc., required under this title, may be waived at the department's discretion when the proposed project area for a regulated activity is located in an area that has been the subject of a previously submitted and approved assessment, report, etc., if all of the following conditions have been met:
i. The provisions of this title have been previously addressed as part of another approval.
ii. There has been no material change in the potential impact to the critical area or required buffer since the prior review.
iii. There is no new information available that is applicable to any critical review of the site or particular critical area.
iv. The permit or approval has not expired or, if there is no expiration date, no more than five years have elapsed since the issuance of that permit or approval.
v. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured.
4. Burden of Proof. The applicant has the burden of proving that a proposed application complies with the standards set forth in this title.
5. Approval.
a. The department may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives, and requirements of this title based on the department's or examiner's, as applicable, evaluation of the ability of any proposed mitigation measures to reduce risks associated with the critical area and compliance with required standards. Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this title.
b. Applicants shall comply with the recommendations and/or mitigation measures contained in final approved assessments or reports and any department or examiner conditions of approval.
c. Approval of an application required under this title must be given prior to the start of any development activity on a site.
6. Denial. The department or examiner, as applicable, shall have the authority to deny any application for development or building-related approvals or permits when the criteria established in this title have not been met.
7. Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this title is set forth in EMC 18.40.040, Coordination of development permit procedures.
E. Time Limitations.
1. Expiration of Approval.
a. Approvals granted under this title shall be valid for the same time period as the underlying permit (e.g., preliminary plat, site development, building permit). If the underlying permit does not contain a specified expiration date then approvals granted under this title shall be valid for a period of three years from the date of issue, unless a longer or shorter period is specified by the department.
b. The approval shall be considered null and void upon expiration, unless a time extension is requested and granted as set forth in subsection (E)(2) of this section.
2. Time Extensions.
a. The applicant or owner(s) may request in writing a one-time, one-year extension of the original approval.
b. Knowledge of the expiration date and initiation of a request for a time extension is the responsibility of the applicant or owner(s).
c. A written request for a time extension shall be filed with the department at least 60 days prior to the expiration of the approval.
d. Upon filing of a written request for a time extension, a copy shall be sent to each party of record together with governmental departments or agencies that were involved in the original approval process. By letter, the department shall request written comments be delivered to the department within 30 days of the date of the letter.
e. Prior to the granting of a time extension, the department may require a new application(s), updated study(ies), and fee(s) if:
i. The original intent of the approval is altered or enlarged by the renewal;
ii. The circumstances relevant to the review and issuance of the original approval have changed substantially; or
iii. The applicant failed to abide by the terms of the original approval.
f. If approved, the one-year time extension shall be calculated from the date of granting said approval.
F. Recording.
1. Approvals.
a. Critical area regulation approvals are to be recorded on the title of the project parcel(s) at the Pierce County auditor's office within six months of issuance. Failure to record an approval in this timeframe may result in the project being placed into inactive status. A new application(s) and fee(s) may be required to remove the project from inactive status. Also refer to EMC 14.10.080(C), Title and Land Division Notification, for additional recording requirements.
b. Recording of a wetland approval for work completed within utility line easements on lands not owned by the jurisdiction conducting the regulated activity shall be required.
2. Right of Entry Agreement. The city may require the applicant to record a right of entry agreement, which shall be consistent with a format approved by the department. The right of entry agreement shall:
a. Allow director or agent to access the site for purposes of inspection during the course of application review, construction, and post-construction monitoring.
b. Allow the director or agent to enter a property to construct required improvements, mitigation measures, or monitoring that have been financially guaranteed.
c. Run with the land, and be binding on all parities having or acquiring any right, title, interest, or any part thereof of the site, including the grantor, heirs, successors, and assigns. (Ord. 02-200 § 2).
14.10.080 Critical area protective measures.
A. General. All critical area tracts, conservation easements, land trust dedications, and other similarly preserved areas shall remain undeveloped in perpetuity, except as they may be allowed to be altered pursuant to each chapter.
B. Financial Guarantees.
1. The city may require an applicant to submit one or more financial guarantees to the city, as set forth in each chapter of this title (and other titles of Edgewood's Municipal Code as required), to guarantee any performance, mitigation, maintenance, or monitoring required as a condition of permit approval. The approval for the project will not be granted until the financial guarantee is received by the department. Projects where the city or one of its departments is the applicant shall not be required to post a financial guarantee.
2. Financial guarantees required under this title shall be:
a. In addition to any other site development guarantees required for project approval.
b. Submitted on financial guarantee forms approved by the city.
c. In the amount of 125 percent of the estimate of the cost of mitigation or monitoring to allow for inflation and administration should the city have to complete the mitigation or monitoring, unless the provisions set forth in subsection (B)(2)(D) of this section are applicable.
d. Released by the city only when the applicant's appropriate technical professional has provided written confirmation that the performance, mitigation, or monitoring requirements have been met and department staff, or agent, inspected the site(s) for compliance.
3. Failure to complete any performance, mitigation, or monitoring may result in the forfeiture of the guarantee. Applicants who have previously defaulted will no longer be allowed to post a guarantee for improvements necessary for approval of a land use application. Applicants who have previously defaulted will be allowed to post guarantees for subsequent critical area mitigation work needed for approval of a land use application or permit, but the guarantee must be by bond and must be for two times the required amount.
C. Title and Land Division Notification.
1. General.
a. Title and/or land division notice shall be required to be recorded with the Pierce County auditor on each site that contains a critical area, prior to approval of any regulated activity on a site.
b. If more than one critical area subject to the provisions of this title exists on the site, then one notice which addresses all of the critical areas shall be sufficient.
c. Title and land division notifications and notes shall be approved by the department and shall be consistent with Appendix B in EMC 14.10.140.
2. Title Notification.
a. When the city determines that activities not exempt from this title are proposed, the property owner shall file a notice with the Pierce County auditor. The notice shall provide a public record of the presence of a critical area and associated buffer, if applicable; the application of this title to the property; and that limitations on actions in or affecting such critical area and associated buffer, if applicable, may exist.
b. The notice shall be notarized and shall be recorded with the Pierce County auditor prior to approval of any regulated use or activity for the site.
c. Notice on title is not required for utility line easements on lands not owned by the jurisdiction conducting the regulated activity (e.g., gas pipelines).
3. Land Division Notification and Notes. The applicant shall include notes, as referenced in EMC 14.10.140, Appendix B, on the face of any proposed activity as defined in EMC Title 16, Subdivisions (i.e., final plat, binding site plan, large lot, short subdivision, boundary line adjustment, or lot combination), for projects that contain critical areas or critical area buffers. The applicant shall also clearly identify the critical area boundaries and the boundary of any associated buffers on the face of these documents.
D. Conservation Easements. Prior to any final critical area approval, the part of the critical area and required buffer which is located on the site shall be protected with a conservation easement or other similar permanent deed restriction. The conservation easement shall indicate allowable and prohibited uses within the critical area and required buffer.
E. Tracts. Prior to final approval of any subdivisions, short subdivisions, large lot divisions, or binding site plans, the part of the critical area and required buffer which is located on the site, shall be placed in a separate tract or tracts (see Figure 14.10-2 in EMC 14.10.150). In lieu of a separate tract, an applicant may propose to establish an alternative permanent protective mechanism; however, approval of such is based upon the department's or hearing examiner's, as applicable, determination that such alternative mechanism provides the same level of permanent protection as designation of a separate tract or tracts.
F. Homeowner's Covenants. A description of the critical area and required buffer shall be placed in any required homeowner's covenants. Such covenants shall contain a detailed description of the allowable uses within the critical area and, if applicable, associated buffer and long-term management and maintenance requirements of that critical area.
G. Identification of Critical Areas and Required Buffers on Construction Plans. Critical areas and required buffers shall be clearly identified on all construction plans such as, but not limited to, site development plans, residential building plans, commercial building plans, forest harvest plans, etc.
H. Markers, Fencing, and Signage.
1. Markers. Prior to final approval of any critical area application, the outer edge of the critical area boundaries or, if applicable, required buffer boundaries on the site shall be flagged by the qualified professional, as outlined in each chapter. These boundaries shall then be identified with permanent markers (rebar and cap) and flagged by a licensed surveyor, unless otherwise stated in this title. The permanent markers shall be clearly visible, durable, and permanently affixed to the ground.
2. Fencing.
a. Temporary Construction Fencing. Temporary fencing is required when vegetation is to be retained in an undisturbed condition within the critical area and required buffer. In such cases, the applicant will be required to construct silt fencing, construction fencing, or other city-approved method of temporary fencing at the edge of the critical area or, if applicable, the edge of the required buffer prior to beginning construction on the site.
b. Permanent Fencing. Where deemed necessary by the department to provide protection to the critical area, the applicant will be required to construct permanent fencing along the buffer boundary.
3. Signage.
a. The department shall require permanent signage to be installed at the edge of the critical area or, if applicable, the edge of the required buffer.
b. The sign shall indicate the type of critical area and if the area is to remain in a natural condition as permanent open space.
c. Exact sign locations, wording, size, and design specifications shall be established by the department. Required signage shall be clearly visible, durable, and permanently affixed to the ground.
d. Prior to final approval of any critical area application, the applicant shall submit an affidavit of posting to the department as proof that the required signs were posted on the site.
I. Building Setbacks.
1. Unless otherwise provided in this title, buildings and other structures shall be set back a distance of 15 feet from the edge of all critical area buffers or, where no buffers are required, the edge of the critical area.
2. The following uses and activities may be allowed in the building setback area:
a. Landscaping;
b. Uncovered decks;
c. Building overhangs if such overhangs do not extend more than 18 inches into the setback area;
d. Impervious ground surfaces, such as driveways, parking lots, roads, and patios; provided, that such improvements conform to the water quality standards set forth in the city's adopted stormwater management manual and that construction equipment does not enter the buffer during the construction process; and
e. Clearing and grading. (Ord. 02-200 § 2).
14.10.085 Variances to critical areas.
A. General. Variances are pursuant to EMC 18.50.080, Variances. Conditions may be attached to a critical area(s) variance, which will serve to meet the goals, objectives, and policies of this title.
B. Criteria for Priority Habitat Buffer Variances. In order to grant a priority habitat buffer variance, requirements pursuant to EMC 18.50.080, Variances, shall apply. In addition, the applicant must also demonstrate, and the examiner must find, that the requested buffer width modification preserves adequate vegetation to:
1. Maintain proper water temperature;
2. Minimize sedimentation; and
3. Provide food and cover for listed species.
C. Should a variance be denied, the application will be reviewed as a reasonable use exception pursuant to EMC 14.20.050. (Ord. 02-200 § 2).
14.10.090 Reconsideration and appeal procedures.
Procedures for appeal of an administrative decision and procedures for reconsideration or appeal of a hearing examiner decision issued pursuant to this title are set forth in EMC 18.40.090, Process II – Administrative action. (Ord. 02-200 § 2).
14.10.100 Fees.
Fees for applications and/or review of reports, studies, or plans filed pursuant to this title are set forth in the adopted fee schedule and as stipulated below:
A. Fee Establishment. The city, by resolution, shall establish fees for filing of critical area review processing and other services provided by the city as required by this title. These fees shall be based on the anticipated sum of direct costs incurred by the city for any individual development or action and may be established as a sliding scale that will recover all of the city costs. Basis for these fees shall include, but not be limited to, the cost of engineering and planning review time, cost of inspection time, costs for administration, and any other special costs attributable to the critical area review process.
B. Applicant Responsibilities. Unless otherwise indicated in this title, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessment(s), studies, plans, reconnaissance(s), peer review(s) by qualified consultants, and other work prepared in support of or necessary to review the application.
C. Fee Schedule. The director is charged with the responsibility of collecting appropriate fees charged to applicants for any permits or discretionary approval processes provided for in this title. The amount of the fees charged shall be as established by resolution or ordinance of the city council filed in the office of the city clerk and may be, from time to time, changed without amendment to this title.
D. Payment. Fees established in accordance with this title shall be paid upon submission of a signed application or petition for appeal, or as otherwise provided by any fee ordinance or resolution adopted by the city council. A department of the city shall not be required to pay application fees when applying for a permit regulated under this title. Where such an application will require substantial review time or expenditures, the city manager may, at his/her sole discretion, direct that the department initiating the permit request to reimburse the community development department for some or all of costs expended for the application review.
E. Investigation Fee. To investigate violations of this title, all city fees associated with investigation of violations of this title may be assessed at the adopted billable staff hour rate in addition to any required consultant costs, legal costs, and other expenses necessary to complete the investigation of the violation. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of this title, nor from penalties prescribed by law.
F. Fees for Environmental Assessments and EISs. Environmental assessment/checklist fees for the construction, alteration, or repair of single- or two-family dwellings may be waived when the application provides sufficient documentation showing, to the satisfaction of the city, who shall make written findings, that all of the following conditions exist:
1. The single- or two-family dwelling is intended for low-income families. Low-income families are those families who meet the low-income guidelines as set forth by the city of Edgewood community development department; Department of Housing and Urban Development (HUD) annual guidelines, Section 8;
2. The construction, alteration, or repair of the single- or two-family dwelling involves some volunteer labor; and
3. The construction, alteration, or repair is being undertaken by an organization classified as a 501(c)(3) nonprofit organization by the Internal Revenue Service; or
4. The construction, alteration, or repair is being undertaken by Pierce County department of community services housing rehabilitation or authorized agent. (Ord. 02-200 § 2).
14.10.110 Compliance.
A. The regulations for compliance with the provisions of this title are set forth in EMC 18.30.040, Scope and compliance.
B. When a critical area or its required buffer has been altered in violation of this title, the department shall require the property owner to bring the site into compliance. The property owner shall be required to submit the appropriate critical area application and commence a departmental review, as applicable for each chapter of this title. In addition to any required site investigation, delineations, assessments, reports, etc., the property owner shall be required to submit a restoration plan that identifies the proposed mitigation to bring the subject property into compliance with the requirements of this title. (Ord. 02-200 § 2).
14.10.120 Warning and disclaimer of liability.
The degree of protection required through application of this title is deemed to be reasonable for regulatory purposes and is based on scientific and engineering considerations; however, natural events that may exceed the geographic boundaries regulated under this title can and will occur (e.g., flood heights that are higher that anticipated). This title does not mean to imply that land outside designated hazard areas or uses permitted within such areas will be free from damages. Application of this title shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any damages that may result from the administration of this title or any administrative decision lawfully made hereunder. (Ord. 02-200 § 2).
14.10.130 Severability.
If any provision of this title or its application to any person or circumstance is held invalid, the remainder of this regulation or the application of the provision to other persons or circumstances shall not be affected. (Ord. 02-200 § 2).
14.10.135 Violation – Civil infraction.
A. In addition to any other sanction or penalty, or any remedial, judicial or administrative procedure available under city code or state law, violation of any provision of this title or failure to comply with a decision of the responsible official, hearing examiner, or city council issued pursuant to this title constitutes a civil infraction.
B. Each day or portion thereof during which a violation occurs or exists shall be deemed a separate civil infraction. A person found to have committed a civil infraction shall be assessed a monetary penalty. The maximum penalty and the default amount for a civil infraction shall be $250.00, not including statutory assessments. In addition:
1. The court may consider dismissing with costs only upon a showing that the violation was corrected within 30 days.
2. Whenever a monetary penalty is imposed by a court under this title, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay.
3. Payment of a monetary penalty or performance of the required community service shall not relieve a person of the duty to correct the violation.
4. The court may also order a person found to have committed a civil infraction to make restitution. (Ord. 02-200 § 2).
14.10.140 Appendices.
A. Mapping Sources.
B. Title and Plat Notification Forms.
APPENDIX A
MAPPING SOURCES
The following sources of information, or latest available version, may be used to indicate the presence of critical areas within Edgewood and provide data used in the development of the city of Edgewood critical areas atlas maps:
A. The following sources identify wetlands that are depicted in the Edgewood wetland inventory map and/or used as indicators of wetland presence:
1. Soil Survey of Pierce County Area, Washington, 1979, Soil Conservation Service, United States Department of Agriculture (USDA);
2. National Wetland Inventory Maps, U.S. Department of Interior, Fish and Wildlife Service, 1973;
3. FEMA FIRM Maps and flood insurance study maps;
4. Aerial photographs, Department of Natural Resources, 1985 (Assessor's Office aerials) or city-acquired aerial photographs;
5. Applicant supplied and verified data;
6. Ongoing field investigation to categorize and delineate wetlands; and
7. Buildable Lands Wetland Inventory, 2001.
B. The following sources identify landslide and erosion hazard areas that are depicted in the critical areas landslide hazard area map and erosion hazard areas map and/or used as indicators of landslide and erosion hazard area presence:
1. Soil Survey of Pierce County Area, Washington, 1979, Soil Conservation Service, United States Department of Agriculture (USDA);
2. Areas designated as slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Washington Department of Natural Resources Division of Geology and Earth Resources;
3. The city of Edgewood topographic data;
4. United States Geologic Survey Quadrangle maps;
5. Applicant supplied and verified data of active landslide areas and potentially unstable areas; and
6. Buildable Lands Slope Data, 2001.
C. The following sources identify seismic hazard areas which are depicted in the critical areas seismic hazard areas map and/or used as indicators of seismic hazard areas presence:
1. Washington State Department of Natural Resources Division of Geology and Earth Resources 1-100,000 Scale Digital Geology of Washington State; and
2. Areas designated as faults or subject to liquefaction or dynamic settlement on maps or data published by the United States Geological Survey or Washington Department of Natural Resources Division of Geology and Earth Resources.
D. The following sources identify volcanic hazard areas that are depicted in the Critical Areas Atlas – Volcanic Hazard Areas Map:
1. “Map Showing Debris Flows and Debris Avalanches at Mount Rainier, Washington – Historical and Potential Future Inundation Areas,” Hydrogeologic Investigations Atlas HA-729, U.S. Department of Interior, Geologic Survey, 1995, as amended by Kevin Scott, USGS, on November 10, 1997, to be consistent with the reports listed in subsections (D)(1) and (2) of this section;
2. Volcano Hazards from Mount Rainier, Washington by Hoblitt, Walder, Driedger, Scott, Pringle, and Valance, U.S. Geological Survey Open File Report 95-273, 1995;
3. Sedimentology, Behavior, and Hazards of Debris Flows at Mount Rainier, Washington, U.S. Geological Survey Professional Paper 1547, 1995; and
4. Table of Estimated Lahar Travel Times for Lahars 107 to 108 Cubic Meters in Volume (Approaching a “Case I” Lahar in Magnitude) in the Puyallup River Valley, Mount Rainier, Pierson, T.C., 1998, An empirical method for estimating travel times for wet volcanic mass flows; Bulletin of Volcanology, v. 60, p. 98-109.
E. The following sources identify fish and wildlife habitats or presence and/or are used as indicators of critical fish or wildlife presence:
1. Water Type Reference Maps, Washington Department of Natural Resources, were used as sources to identify fish and wildlife habitat areas that are depicted in the Critical Areas Fish and Wildlife Habitat Areas – Stream Typing Map;
2. Priority Habitats and Species Program and Priority Habitat Species Maps, Washington Department of Fish and Wildlife (WDFW);
3. Water Resource Index Areas (WRIA), Washington Department of Fish and Wildlife; and
4. Salmon Distribution Maps, WDFW and Washington State Conservation Commission Data, January 2000.
F. The following sources identify the aquifer recharge, pothole and wellhead protection areas that are depicted in the Critical Areas Aquifer Recharge Area – DRASTIC Zones Map and Aquifer Recharge Area:
1. The boundaries of the two highest DRASTIC zones which are rated 180 and above on the DRASTIC index range, as identified in Map of Groundwater Pollution Potential, Edgewood, Washington, National Water Well Association, U.S. Environmental Protection Agency;
2. Wellhead protection areas as identified by the Mountain-View/Edgewood Water Company.
G. The following sources identify flood hazard areas:
1. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Pierce County” dated August 19, 1987, with accompanying FIRMs and floodway maps and any map amendments or corrections are hereby adopted by reference and declared to be a part of this title. The city may add or delete land from areas of special flood hazard or revise base flood elevations in accordance with federal regulations.
2. The city's Surface Water Management Plan, 1997, or as amended thereafter.
3. Aerial photographs of the city, especially those taken in wintertime 1996 and 1997.
4. The city's two-foot elevation contour mapping performed by Nies Mapping Group Inc., 1999, or as subsequently updated.
5. Relevant and verifiable information from the City's Capacity Analysis Technical Review AdHoc Committee draft report, 2000.
6. Relevant and verifiable government and citizen photographs, notes, observations, etc., regarding historic ponding/flooding levels.
7. Relevant and verifiable information available through Pierce County.
8. Relevant and verifiable information available through FEMA.
9. The flood insurance study and maps provide the base information used in the administration of this title. The flood insurance study is on file at the Pierce County Public Works and Utilities Department, 2401 South 35th Street, Tacoma, Washington.
10. Where the flood insurance study, FIRM, and floodway maps do not provide adequate, best, or most recent information, the city may utilize flood information that is more restrictive or detailed than the FEMA data which can be used for identifying flood hazard areas. This information may include, but is not limited to, new and more accurate mapping or data on: channel migration, high water elevations from flood events, base flood elevations, groundwater flooding areas, potholes, maps showing increased flood inundation based on future build-out or changed hydrologic conditions, specific maps from watershed basin plans or related studies, studies by federal or state agencies, or other information deemed appropriate by the city.
APPENDIX B
TITLE AND PLAT NOTIFICATION FORMS
A. Notice for Title Notification.
1. (Example: Appropriate Critical Area from EMC 14.10.030)
Tax Parcel Number:
Address:
Legal Description:
Present Owner:
NOTICE: This property contains (e.g., wetlands or wetland buffers) as defined by EMC 14.10.030. The site was the subject of a development proposal for _________ application number filed on ___________ (date). Restrictions on use or alteration of the site may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the (e.g., wetland or wetland buffers) and any restriction on use.
__________ __________________
Date Signature of owner
Notary acknowledgment and notary seal
B. Additional Title Notification Statements.
1. Title notification for liquefaction and dynamic settlement hazard areas shall include a statement of the performance criteria (i.e., protection of life safety only, provision for minimal structural damage so that post-earthquake functionality is substantially unchanged, no structural damage for the design earthquake).
2. Title notification for fault rupture hazard areas shall include a statement that a fault rupture hazard area or associated buffer exists on the site. The title notification shall include a site plan of the subject property with the fault rupture hazard area and associated buffer identified.
3. Properties that contain flood hazard areas pursuant to Chapter 14.70 EMC shall include the following statement:
Flood Elevation Certificates are kept on file by the Department.
C. Notice for Plat Notification/Plat Notes.
1. General. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains critical areas or critical area buffers:
Notice: This site lies within a (e.g., landslide hazard area) as defined in EMC Title 14. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.
2. Native/Natural Vegetation Preservation Areas. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains critical areas or critical area buffers and when said critical areas or critical area buffers have been identified as native/natural vegetation preservation areas.
Notice: The Critical Areas (e.g., Oregon White Oak Preservation Areas) appearing on this (final site plan/preliminary plat/final plat/short plat/large lot/engineering drawing) contain areas of natural/native vegetation intended to buffer the Critical Area from the adverse effects of development. These Critical Areas (e.g., Oregon White Oak Preservation Areas) shall remain and be maintained in a natural, undeveloped, open space state. There shall be no clearing, grading, filling, or construction within the Critical Areas (e.g., Oregon White Oak Preservation Areas), except as shown on plans or documents approved by the City of Edgewood and contained in the official files for this development. Each Critical Area (e.g., Oregon White Oak Preservation Area) shall remain undisturbed except for periodic watering and hand weeding of plants designated as noxious by the State of Washington.
3. Plat Notes for Flood Hazard Areas. The following notes shall be placed on the face of any of final plat, short plat, large lot, or binding site plan documents which lie within a flood hazard area.
a. Grading, clearing, and/or filling within the limits of the 100-year floodplain is prohibited except for watercourse related construction, repair, and/or maintenance work that is done by the city for management operations.
b. If a higher frequency event occurs or if existing conditions upon which the flood hazard area boundaries were based were to change or occur differently than depicted, then the level of protection afforded by the existing levee, if applicable, and flood hazard area standards may not be adequate to prevent the subject site from flooding.
c. All purchasers and developers (and/or their agents) of property within the subject development area and/or parcel shall take notice of the above conditions and hereby agree to defend, indemnify, and hold harmless Edgewood from any and all claims, losses, costs, liabilities, or damages of any nature imposed upon or asserted against Edgewood uprising out of or caused by the city's issuance of approval or by issuance of any other permits arising out of this approval.
d. All occupants and/or owners of property in the subject area assume the risk of flooding which may occur and waive any claims against Edgewood arising out of damage or injury to person or property resulting therefrom. (Ord. 02-200 § 2).
14.10.150 Figures.
A. Figure 14.10-1, Foundation Footing Setback.
B. Figure 14.10-2, Critical Area Protective Measures – Tracts.
(Ord. 02-200 § 2).