Chapter 18.260
GENERAL PROVISIONS

Sections:

18.260.010    Purpose.

18.260.020    Authority.

18.260.030    Relationships to other regulations.

18.260.040    Administrative procedures.

18.260.050    Critical areas.

18.260.060    Applicability.

18.260.070    Exemptions.

18.260.080    Exception—Reasonable use.

18.260.090    Allowed activities.

18.260.100    Critical area report—Requirements.

18.260.110    Best available science.

18.260.115    General approval criteria.

18.260.120    Mitigation.

18.260.130    Mitigation plan requirements.

18.260.140    Determination.

18.260.150    Unauthorized critical area alterations and enforcement.

18.260.160    Notice on title.

18.260.170    Native growth protection areas.

18.260.180    Critical area tracts.

18.260.190    Bonds to ensure mitigation, maintenance and monitoring.

18.260.200    Critical area inspections.

18.260.210    Definitions.

18.260.010 Purpose.

The purpose of this title is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values while also allowing for reasonable use of private property. This title is to implement the goals, policies, guidelines, and requirements of the city of Battle Ground comprehensive plan and the Growth Management Act. (Ord. 04-025 § 3 (part), 2004)

18.260.020 Authority.

As provided herein, the director is given the authority to interpret and apply, and the responsibility to enforce, this title to accomplish the stated purpose. The city may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this title. (Ord. 04-025 § 3 (part), 2004)

18.260.030 Relationships to other regulations.

When any provision of this title or any existing regulation, easement, covenant, or deed restriction conflicts with this title, that which provides more protection to the critical areas shall apply. (Ord. 04-025 § 3 (part), 2004)

18.260.040 Administrative procedures.

The director, to the extent practical, shall review development for compliance with critical area regulations (with the triggering development application). Where there are no triggering applications, determination of the type of application shall be based upon the criteria in BGMC 17.200.035. Determinations of compliance with this title shall be appealable along with the decision on the underlying permit application through BGMC 17.200.140. (Ord. 04-025 § 3 (part), 2004)

18.260.050 Critical areas.

The following critical areas are regulated by this title:

A.    Wetlands as designated in Chapter 18.270 BGMC, Wetlands;

B.    Fish and wildlife habitat conservation areas as designated in Chapter 18.280 BGMC, Fish and Wildlife Habitat Conservation Areas;

C.    Critical aquifer recharge areas as designated in Chapter 18.290 BGMC, Critical Aquifer Recharge Areas;

D.    Geologically hazardous areas as designated in Chapter 18.300 BGMC, Geologically Hazardous Areas; and

E.    Frequently flooded areas as designated in Chapter 18.310 BGMC, Frequently Flooded Areas. (Ord. 04-025 § 3 (part), 2004)

18.260.060 Applicability.

The provisions of this title shall apply to all lands designated as critical areas within the city and to all development activities thereon unless specifically exempted by this title.

A.    Critical areas shall be those areas that meet the definition of a critical area as defined in BGMC 18.260.050 regardless of whether they are mapped as such. The city shall maintain maps and other information to indicate the likely presence of critical areas.

B.    The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, if it does not comply with the requirements of this title, including, but not limited to, the following:

1.    Building permit;

2.    Clearing and grading permit;

3.    Forest practices application;

4.    Conditional use permit;

5.    Short subdivision;

6.    Subdivision;

7.    Planned unit development;

8.    Binding site plan;

9.    Variance; or

10.    Any other adopted permit or required approval not expressly exempted by this title.

C.    The following table establishes the level of review required for uses or activities under this chapter.

1.    Activities or uses that are exempt require no review and do not need to meet the standards of this chapter.

2.    Activities and uses that are categorized as review required must comply with the standards of this chapter but no special report is needed. Determination of compliance with this chapter will be determined through the review process required for the underlying development permit application.

3.    For activities where a critical area report is required, the applicant must submit a report with the underlying development application and submit additional application fees consistent with the adopted fee schedule:

 

Table 18.260-1 

USE / ACTIVITY

Development located in any of the following critical areas may be Exempt (E), Require Review (RR), or are subject to a Critical Area Report (CAR) as defined in BGMC 18.260.100:

WETLAND

FISH AND WILDLIFE HABITAT

CRITICAL AQUIFER RECHARGE

GEOLOGICALLY HAZARDOUS AREA

FREQUENTLY FLOODED AREA

RESIDENTIAL ACTIVITIES

Single-family permit located in a critical area or buffer

RR

RR

E

RR

RR

Single-family permit located outside critical area or buffer

E

E

E

E

E

Single-family permit on lots platted prior to 2004 1

E

E

E

E

RR

Approved multifamily site plan prior to 2004

E

E

E

E

RR

Multifamily site plan within critical area or buffer

CAR

CAR

E

CAR

RR

Multifamily site plan outside critical area or buffer

E

E

E

E

E

Interior or exterior alteration or repair that does not change the footprint of the building or does not increase the footprint within a critical area or buffer

E

E

E

E

E

COMMERCIAL & INDUSTRIAL ACTIVITIES

New construction on vacant land in critical area or buffer

CAR

CAR

CAR

CAR

RR

New construction previously approved prior to adoption of this chapter

E

E

E

E

RR

New construction on vacant land outside critical areas or buffer

E

E

E

E

E

Expansion, alteration or addition to existing construction within a critical area or buffer

CAR

CAR

CAR

CAR

RR

Expansion, alteration or addition to existing construction outside of critical area or buffer

E

E

E

E

E

OTHER ACTIVITIES

Clearing and grading activities within a critical area or buffer

CAR

CAR

CAR

CAR

RR

Forest practices except conversions

E

E

E

E

E

Emergencies 1

E

E

E

E

E

Repair of existing: structures, infrastructure improvements, utilities, public or private roads or drainage systems

E

E

E

E

RR

Activities within an existing improved right-of-way

E

E

E

E

RR

Chemical applications subject to applicable local, state or federal handling and application requirements

E

E

E

E

E

Minor site investigative work

E

E

E

E

E

Construction or replacement of boundary markers

E

E

E

E

E

The removal of invasive weeds and blackberries with hand labor and light equipment

E

E

E

E

E

Public and private pedestrian trails

RR

RR

E

RR

E

Select vegetation removal of hazard trees and measures to control fire or halt spread of disease

RR

RR

E

RR

E

Filing, grading, clearing or other activities in artificial wetlands, isolated Category IV wetlands of less than 10,000 sq. ft. or isolated Category II and III wetlands of less than 2,500 sq. ft.

E

N/A

N/A

N/A

N/A

Construction of fences in a critical area or buffer

RR

RR

E

E

E

Vegetation removal and maintenance activities inside existing yards

E

E

E

E

E

1    Only those lots that were reviewed and approved through a city land division process shall be allowed the exemption.

(Ord. 04-025 § 3 (part), 2004)

18.260.070 Exemptions.

A.    Exempt Activities in All Critical Areas. The following developments, activities, and associated uses shall be exempt from the provisions of this title; provided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements and an exemption request has been reviewed consistent with subsection B of this section:

1.    Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this title. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the city within one working day following commencement of the emergency activity. Following the emergency appropriate mitigation shall be implemented and permanent activities, installations or impacts are subject to review and compliance with the applicable standards.

2.    Repair. Repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees or drainage systems that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed maintenance or repair.

3.    Forest Practices. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, WAC Title 222, and those that are exempt from Battle Ground’s jurisdiction; provided, that forest practice conversions are not exempt.

4.    Activities within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city-authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or results in the transport of sediment or increased stormwater.

5.    Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary; provided, that their use shall be restricted in accordance with Department of Fish and Wildlife Management Recommendations, and the regulations of the Department of Agriculture and the U.S. Environmental Protection Agency. 1

6.    Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored.

7.    Boundary Markers. Construction or modification of boundary markers.

8.    Construction and modifications to existing structures that do not increase the footprint of the structure.

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

a.    Invasive nonnative weeds;

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

c.    Evergreen blackberry (Rubus laciniatus).

B.    Exemption Request and Review Process. The proponent of the activity shall submit a completed exemption request form for exemption to the director that describes the activity and states the exemption listed in this section that applies. The director shall review the exemption request to verify that it complies with this title and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the department and the requesting party notified. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this title. Determinations shall be considered a Type I process pursuant to Chapter 17.200 BGMC and subject to appeal.

C.    Exempt Activities Shall Avoid Impacts to Critical Areas. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this title does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense. (Ord. 04-025 § 3 (part), 2004)

18.260.080 Exception—Reasonable use.

Exceptions to the standards provisions of this title may be made whereby the imposition of the standards would deny all reasonable use of the property.

A.    Reasonable Use Review Criteria. The criteria for review and approval of reasonable use exceptions are:

1.    The application of this title would deny all reasonable use of the property;

2.    No other reasonable use of the property has less impact on the critical area;

3.    Any alteration is the minimum necessary to allow for reasonable use of the property; and

4.    The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of this title, or its predecessor.

B.    Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.

C.    Nothing in this title shall be used to prevent the establishment of a single-family house on a legal lot of record created prior to the establishment of this title. (Ord. 04-025 § 3 (part), 2004)

18.260.090 Allowed activities.

A.    Allowed Activities. The following activities are allowed within a critical area and/or required buffer subject to review and approval through an underlying land use permit or critical area review:

1.    Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement.

2.    Public and Private Pedestrian Trails. Public and private pedestrian trails, subject to the following:

a.    The trail surface shall meet all other requirements including water quality standards set forth in the city of Battle Ground Municipal Code;

b.    Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and

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

3.    Select Vegetation Removal Activities. The following vegetation removal activities shall be allowed:

a    The removal of trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property from critical areas and buffers; provided, that:

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

ii.    Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by a qualified professional. Where limbing or crown thinning is not sufficient to address the hazard, trees should be topped to remove the hazard rather than cut at or near the base of the tree;

iii.    All vegetation cut (tree stems, branches, tops, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation;

iv.    The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped within one year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two inches shall be used;

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

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

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

c.    Unless otherwise provided or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited.

4.    Other activities specifically allowed in the individual critical area sections.

B.    Critical Area Report Not Required. Activities allowed under this section shall have been reviewed and permitted or approved by the city of Battle Ground or other agency with jurisdiction, but do not require submittal of a separate critical area identification form or critical area report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas.

C.    Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city shall observe the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense.

D.    Additional uses may be permitted within critical areas subject to the submittal of a critical area report and determination. (Ord. 04-025 § 3 (part), 2004)

18.260.100 Critical area report—Requirements.

A critical area report is required where specifically indicated and when an activity is proposed within a critical area or buffer that is not specifically exempt or permitted with review. Where a critical area report is required it shall be consistent with the following standards.

A.    The report must be completed by a qualified professional.

B.    The critical area report shall use scientifically valid and professionally recognized and accepted methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title.

C.    Minimum Report Contents. At a minimum, the report shall contain the following:

1.    The name and contact information of the applicant, and the name and address of the qualified professional who prepared the report, a description of the proposal, and identification of the permit requested;

2.    A copy of the site plan for the development proposal showing:

a.    Identified critical areas, buffers, and the development proposal with dimensions;

b.    Limits of any areas to be cleared;

c.    A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations and;

d.    General location and types of vegetation;

3.    The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;

4.    Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area;

5.    A statement specifying the accuracy of the report, and all assumptions made and relied upon;

6.    A description of reasonable efforts made to apply mitigation sequencing pursuant to BGMC 18.260.120, Mitigation, to avoid, minimize, and mitigate impacts to critical areas;

7.    Plans for adequate mitigation, as needed, to offset any impacts, in accordance with BGMC 18.260.130, Mitigation plan requirements, including, but not limited to:

a.    The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area; and

b.    The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment;

8.    A discussion of the performance standards applicable to the critical area and proposed activity;

9.    Financial guarantees to ensure compliance;

10.    Any additional information required for the critical area as specified in the corresponding chapter;

11.    A description of efforts made to comply with the approval criteria in BGMC 18.260.115.

D.    Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared, by a qualified professional, for and applicable to the development proposal site, as approved by the director.

E.    The director may waive specific requirements of the critical area reports where less information is required to adequately address the impacts to the critical area or where existing information is on file with the city that addresses the impacts.

F.    The director may require additional information that is necessary to determine compliance with the standards of this title.

G.    A qualified professional shall be a person who has the education, training and/or certification that meets the specific requirements specified in the individual critical area chapters. (Ord. 06-16 § 1, 2006; Ord. 04-025 § 3 (part), 2004)

18.260.110 Best available science.

Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat. Best available science is that scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925. (Ord. 04-025 § 3 (part), 2004)

18.260.115 General approval criteria.

Any activity subject to this chapter, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal’s ability to comply with all of the following criteria. The city may condition the proposed activity as necessary to mitigate impacts to critical areas and their buffers and to conform to the standards required by this chapter. Activities shall protect the functions of the critical areas and buffers on the site.

A.    Avoid Impacts. The applicant shall first seek to avoid all impacts that degrade the functions and values of (a) the critical area(s). This may necessitate a redesign of the proposal.

B.    Minimize Impacts. Where avoidance is not feasible, the applicant shall minimize the impact of the activity and mitigate to the extent necessary to achieve the activity’s purpose and the purpose of this chapter. The applicant shall seek to minimize the fragmentation of the resource to the greatest extent possible.

C.    Compensatory Mitigation. The applicant shall compensate for the unavoidable impacts by replacing each of the affected functions to the extent feasible. The compensatory mitigation shall be designed to achieve the functions as soon as practicable. Compensatory mitigation shall be in-kind and on-site, when feasible, and sufficient to maintain the functions of the critical area, and to prevent risk from a hazard posed by a critical area to a development or by a development to a critical area.

D.    No Net Loss. The proposal protects the critical area functions and values and results in no net loss of critical area functions and values.

E.    Consistency with General Purposes. The proposal is consistent with the general purposes of this chapter and does not pose a significant threat to the public health, safety, or welfare on or off the development proposal site.

F.    Performance Standards. The proposal meets the specific performance standards of Chapter 18.280 BGMC, Fish and Wildlife Habitat Conservation Areas; Chapter 18.310 BGMC, Frequently Flooded Areas; Chapter 18.300 BGMC, Geologically Hazardous Areas; and Chapter 18.270 BGMC, Wetlands, as applicable. (Ord. 06-16 § 2, 2006)

18.260.120 Mitigation.

Applicants shall demonstrate that all reasonable efforts have been examined to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, the alteration shall be minimized, or compensated for, in the following order of preference:

A.    Avoiding the impact altogether by not taking a certain action or parts of an action;

B.    Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

C.    Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project;

D.    Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

E.    Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;

F.    Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

G.    Monitoring the hazard or other required mitigation and taking remedial action when necessary.

H.    Mitigation by replacement or enhancement shall be in-kind and on-site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area. (Ord. 04-025 § 3 (part), 2004)

18.260.130 Mitigation plan requirements.

When mitigation is required, the applicant shall submit for approval by the city of Battle Ground a mitigation plan as part of the critical area report. The mitigation plan shall include:

A.    Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the mitigation proposed including:

1.    A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the mitigation measures, including the site selection criteria, identification of mitigation goals, identification of resource functions, and dates for beginning and completion of site mitigation construction activities. The goals and objectives shall be formulated to meet the standards of BGMC 18.260.115 regarding the impacted critical areas;

2.    A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring or creating the type of critical area proposed; and

3.    An analysis of the likelihood of success of the mitigation project.

B.    Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met.

C.    Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

1.    The proposed construction sequence, timing, and duration;

2.    Grading and excavation details;

3.    Erosion and sediment control features;

4.    A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

5.    Measures to protect and maintain plants until established.

These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.

D.    Monitoring Program. The mitigation plan shall include a program for monitoring construction of the project, and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the mitigation project. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.

E.    Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

F.    Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the mitigation project, monitoring program, and any contingency measures shall be posted in accordance with bonds to ensure mitigation, maintenance, and monitoring, BGMC 18.260.190. (Ord. 06-16 § 3, 2006; Ord. 04-025 § 3 (part), 2004)

18.260.140 Determination.

The director shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this title. The director’s determination shall be based on the following criteria:

A.    Any alteration to a critical area, unless otherwise provided for in this title, shall be reviewed and approved, approved with conditions, or denied based on the proposal’s ability to comply with all of the following criteria:

1.    The proposal minimizes the impact on critical areas in accordance with BGMC 18.260.120 and meets the standards of BGMC 18.260.115;

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

3.    The proposal is consistent with the general purposes of this title and the public interest;

4.    Any alterations permitted to the critical area are mitigated in accordance with BGMC 18.260.120, Mitigation;

5.    The proposal protects the critical area functions and values consistent with the best available science;

6.    The proposal is consistent with the specific standards of the applicable critical area(s) and other applicable regulations and standards;

7.    Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.

B.    The director may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this title.

C.    Except as provided for by this title, any project that cannot adequately mitigate its impacts to critical areas shall be denied.

D.    Any conditions of approval included in a notice of determination shall be attached to the underlying permit or approval. (Ord. 06-16 § 4, 2006; Ord. 04-025 § 3 (part), 2004)

18.260.150 Unauthorized critical area alterations and enforcement.

Unauthorized critical area alteration shall be subject to enforcement consistent with the procedures in Chapter 20.100 BGMC. The following additional standards apply:

A.    Restoration Plan Required. All unauthorized development work within a critical area or buffer shall remain stopped until a restoration plan is prepared and approved by the director or a permit is issued to allow the alteration. A restoration plan shall be prepared by a qualified professional and shall describe how the actions proposed meet the minimum requirements described in subsection B of this section. The director shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan.

B.    Minimum Performance Standards for Restoration.

1.    For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards, as applicable, shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:

a.    The historic structural and functional values shall be restored, including water quality and habitat functions;

b.    The historic soil types and configuration shall be replicated;

c.    The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities; and

d.    The historic functions and values should be replicated at the location of the alteration.

2.    For alterations to frequently flooded and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:

a.    The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;

b.    Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and

c.    The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. (Ord. 04-025 § 3 (part), 2004)

18.260.160 Notice on title.

A.    In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the county auditor. The notice shall state the presence of the critical area or buffer on the property, of the application of this title to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall be recorded and run with the land.

B.    This notice on title shall not be required for a development proposal by a public agency or public or private utility:

1.    Within a recorded easement or right-of-way;

2.    Where the agency or utility has been adjudicated the right to an easement or right-of-way; or

3.    On the site of a permanent public facility.

C.    The applicant shall submit proof that the notice has been filed for public record before the city approves any development proposal for the property or, in the case of subdivisions, short subdivisions, planned unit developments, and binding site plans, at or before recording. (Ord. 04-025 § 3 (part), 2004)

18.260.170 Native growth protection areas.

A.    Unless otherwise required in this title, native growth protection areas (NGPA) shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect those contiguous critical areas and buffers listed below:

1.    Landslide hazard areas and buffers;

2.    Wetlands and buffers;

3.    Habitat conservation areas; and

4.    All other lands to be protected from alterations as conditioned by project approval.

B.    Native growth protection areas shall be recorded on all documents of title of record for all affected lots.

C.    Native growth protection areas shall be designated on the face of the plat or recorded drawing in a format approved by the city attorney. The designation shall include the following restrictions:

1.    An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and

2.    The right of the city to enforce the terms of the restriction. (Ord. 04-025 § 3 (part), 2004)

18.260.180 Critical area tracts.

A.    Critical area tracts shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect those contiguous critical areas and buffers listed below that total five thousand or more square feet:

1.    All wetlands and buffers;

2.    All habitat conservation areas; and

3.    All other lands to be protected from alterations as conditioned by project approval.

B.    Critical area tracts shall be recorded on all documents of title of record for all affected lots.

C.    Critical area tracts shall be designated on the face of the plat or recorded drawing in a format approved by the city attorney. The designation shall include the following restriction:

1.    An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and

2.    The right of the city to enforce the terms of the restriction.

D.    The city may, at its sole discretion, require that any required critical area tract be dedicated to the city, or held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowner’s association or other legal entity (such as a land trust), which assures the ownership, maintenance, and protection of the tract. (Ord. 04-025 § 3 (part), 2004)

18.260.190 Bonds to ensure mitigation, maintenance and monitoring.

A.    When mitigation required pursuant to a development proposal is not completed prior to the city final permit approval, such as final plat approval or final building inspection, the city shall require the applicant to post a performance bond or other security in a form and amount deemed acceptable by the city. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional.

B.    The bond shall be in the amount of one hundred and twenty-five percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater and the cost of maintenance and monitoring for a five-year period.

C.    The bond shall be in the form of an assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the city attorney or other method acceptable to the director.

D.    Bonds or other security authorized by this section shall remain in effect until the city determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.

E.    Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

F.    Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.

G.    Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within thirty days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law.

H.    Any funds recovered pursuant to this section shall be used to complete the required mitigation, maintenance or monitoring. (Ord. 04-025 § 3 (part), 2004)

18.260.200 Critical area inspections.

Reasonable access to the site shall be provided to the city, state, and federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. (Ord. 04-025 § 3 (part), 2004)

18.260.210 Definitions.

1.    “Adjacent” means an area within one hundred feet of a critical area.

2.    “Altered,” when referring to wetlands, means a wetland which has been graded, drained, devegetated, or replanted with nonwetland plants.

3.    “Anadromous” means fish that migrate up rivers and streams from the ocean to breed in fresh water.

4.    “Appeal” means a request for a review of the interpretation of any provision of this title or a request for a variance.

5.    “Aquifer” means a groundwater-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells or springs.

6.    “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designations on the Flood Insurance Rate Maps include the letter A.

7.    “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

8.    “Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.

9.    “Best management practices” or “BMPs” means those physical, structural, and managerial practices and prohibitions of practices that, when used singly or in combination, prevent pollution to groundwater and surface water, and the protection of wetlands and fish and wildlife habitat.

10.    “Buffer” means an area surrounding and protecting a critical area from adverse impacts to the functions of that critical area.

11.    “Class V injection well” or “Class V storm water injection well” means a drywell used for collection of storm water. A Class I injection well is a well used to inject industrial, commercial, or municipal waste fluids. A Class II injection well is a well used in natural gas and oil exploration or production. A Class III injection well is a well used for extraction of minerals. A Class IV injection well is a well used for injection of dangerous waste or radioactive waste fluids. Class V injection wells are commonly known as drywells.

12.    “Clearing” means the act of removing or destroying trees, brush, ground cover or other vegetation, snags or downed logs, or talus features by manual, mechanical, chemical or any other means.

13.    “Clearing permit” means a permit required for nonexempt clearing of vegetation when no other land use permit specifically authorizes the proposed clearing activity.

14.    “Conservation covenant” means a signed and recorded agreement between a property owner and Battle Ground running with the land and stipulating that certain areas of the property be maintained in a natural state without disturbance to vegetation or other features unless otherwise approved by the county.

15.    “Critical aquifer recharge areas” or “CARAs” means:

a.    Category I is the highest priority critical aquifer recharge area. Category I is the one-year time of travel for public municipal water wells.

b.    Category II is the primary critical aquifer recharge area. Category II is the five-to-ten-year time of travel for public municipal water wells.

16.    “Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, or installations which produce, use or store hazardous materials or hazardous waste.

17.    “Dangerous waste” means solid waste designated in WAC 173-303-070 through 173-303-130 as dangerous or extremely hazardous waste. The words “dangerous waste” will refer to the full universe of wastes regulated by Chapter 173-303 WAC (including dangerous and extremely hazardous waste).

18.    “Demolition waste” means largely inert waste resulting from the demolition or razing of buildings, roads, and other manmade structures. Demolition waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood, masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. Plaster (sheet rock or plaster board) or any other material, other than wood, that is likely to produce gases or a leachate during the decomposition process and asbestos wastes are not considered to be demolition waste to this regulation.

19.    “Department” means the Battle Ground planning department.

20.    “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, clearing, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

21.    “Director” means the director of the city of Battle Ground planning department or that person’s designee.

22.    “Emergent wetland” means a wetland with at least thirty percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.

23.    “Enhancement” means actions performed to improve the condition of an existing degraded wetland or buffer so that the functions provided are of a higher quality.

24.    “Exotic” means any species of plants or animals that are not native to the watershed.

25.    “Extremely hazardous waste” means dangerous wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous.

26.    “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

a.    The overflow of inland or tidal waters; and/or

b.    The unusual and rapid accumulation of runoff or surface waters from any source.

27.    “Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

28.    “Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles and the water surface elevation of the base flood.

29.    “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

30.    “Forested wetland” means a wetland with at least thirty percent of the surface area covered by a canopy of woody obligate, facultative wet or facultative plants greater than twenty feet in height.

31.    “Functions” means the beneficial roles served by wetlands and fish and wildlife habitat areas including the control of flood waters, maintenance of summer stream flows, filtration of pollutants, recharge of groundwater, and provision of significant habitat areas for fish and wildlife.

32.    “Geologic hazard areas” means areas having steep slopes; potential, active or previous landslides; or extreme seismic hazard that are defined and regulated by this section.

33.    “Geologist” means a person who, by reason of his or her knowledge of geology, mathematics, the environment, and the supporting physical and life sciences, acquired by education and practical experience, has met the qualifications established under this chapter, and has been issued a certificate of licensing as a geologist by Washington State.

34.    “Geotechnical engineer” means a professional engineer licensed in the state of Washington with expertise in geotechnical engineering.

35.    “Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

36.    “Habitat areas” shall include the priority habitats and species (PHS) sites, and locally important habitat (LIH) sites as defined by this section and referenced on Battle Ground maps.

37.    “Hazardous materials” or “hazardous substances” means such material as flammable solids; corrosive liquids; radioactive material; oxidizing material; highly toxic material; poisonous gases; reactive material; unstable material; hyperbolic material; porphyritic material as defined in Article 2 of the Uniform Fire Code; and substances, or mixture of substances, that are an irritant or strong sensitizer or which generate pressure through exposure to heat, decomposition, or other means. “Hazardous substances” shall also mean hazardous waste as designated in Chapter 173-303 WAC as dangerous or extremely hazardous waste. “Hazardous substances” also means any dangerous waste or extremely hazardous waste as defined in RCW 70.105.010(5) and (6), or any dangerous or extremely dangerous waste as designated by rule under Chapter 70.105 RCW; any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule under Chapter 70.105 RCW; and any substance that, on the effective date of this section, is a hazardous substance under Section 101(14) of the Federal Cleanup Law, 42 USC, Section 9601(14); petroleum products; and any substance or category of substances, including solid waste decomposition products, determined by the WDOE’s director to present a threat to human health or the environment if released into the environment. The term “hazardous substances” does not include any of the following when contained in an underground storage tank from which there is not a release of: crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local laws.

38.    Reserved.

39.    “High-impact use” means an activity that is regulated due to the probability and/or magnitude of its effects on the environment. For purposes of this chapter, these uses possess certain characteristics posing a substantial potential threat or risk to the quality of groundwater and surface waters within Category I CARAs. High-impact uses shall include, but are not limited to, the following:

a.    Landfills;

b.    Class V injection wells;

c.    Agricultural drainage wells;

d.    Untreated sewage waste disposal wells;

e.    Cesspools;

f.    Industrial process water and disposal wells;

g.    Radioactive waste disposal;

h.    Radioactive disposal sites; and

i.    Activities in BGMC 18.290.080 that are not connected to public sewer.

40.    “High intensity land use” means roadways, commercial, industrial, and multifamily (more than four units per parcel) land uses.

41.    “Hydric soil” means a soil that formed under saturated, flooded or ponded conditions long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Wetlands Delineation Manual.

42.    “Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Wetlands Delineation Manual.

43.    “Intermittent stream” means surface streams with no measurable flow during thirty consecutive days in a normal water year.

44.    “Isolated wetlands” means those wetlands which:

a.    Are outside of and not contiguous to any one-hundred-year floodplain of a lake, river (other than the Columbia River), or stream; and

b.    Have no contiguous hydric soil or hydrophytic vegetation or regularly occurring (at least once every five years) surface water connection between the wetland and any lake, river, or stream.

45.    “Landfill” means a disposal facility or part of a facility at which solid and demolition waste is permanently placed in or on the land that is not a land-spreading disposal facility. In addition, “landfill” means all continuous land and structures and other improvements on the land used for the disposal of solid waste, pursuant to Chapter 173-351 WAC.

46.    “Landslide” means down-slope movement of a mass of soil or rock, including, but not limited to, rock falls, slumps, mud flows, debris flows, torrents, and earth flows.

47.    “Landslide hazard areas” means areas that, due to a combination of slope inclination, soil type and presence of water, are susceptible to land sliding in accordance with the following criteria:

a.    Areas of previous slope failures including areas of unstable old or recent landslides;

b.    Areas with all three of the following characteristics:

i.    Slopes steeper than fifteen percent;

ii.    Hillsides intersecting geologic contacts with permeable sediment overlying a low permeability sediment or bedrock; and

iii.    Any springs or groundwater seepage;

c.    Slopes that are parallel or subparallel to planes of weakness, such as bedding planes, joint systems and fault planes in subsurface materials;

d.    Areas mapped by:

i.    Washington Department of Natural Resources Open File Report: Slope Stability of Clark County as having potential instability, historical or active landslides, or as older landslide debris, and

ii.    The Washington Department of Natural Resources Open File Report: Geologic Map of the Vancouver Quadrangle, Washington and Oregon as landslides;

e.    Slopes greater than eighty percent, subject to rock fall during earthquake shaking;

f.    Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and stream undercutting the toe of a slope;

g.    Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows, debris torrents or catastrophic flooding;

h.    Areas adjacent to open-pit mine sites subject to steep slope hazard or landslide hazard.

48.    “Landslide protection areas” means those areas which are to be left permanently undisturbed in a substantially natural state and in which no clearing, grading, filling, building construction or placement or road construction of any kind is allowed except for activities exempted in BGMC 18.300.020.

49.    “Large quantity generators” means those businesses that generate more than two thousand two hundred pounds of dangerous waste per month. They accumulate more than two thousand two hundred pounds of dangerous waste at any time. They generate and accumulate more than two and two-tenths pounds of acutely hazardous waste or toxic extremely hazardous waste.

50.    “Locally important habitat” means those areas so designated by Battle Ground by virtue of containing unusual or unique habitat warranting protection because of qualitative species diversity or habitat system health indicators.

51.    “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). 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 chapter.

52.    “Low intensity land use” means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to: passive recreation, open space, or forest management lands.

53.    “Manufactured 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” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

54.    “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

55.    “Medium quantity generators” means those businesses that generate more than two hundred twenty pounds, but less than two thousand two hundred pounds, of dangerous waste per month. They are limited to the accumulation of less than two thousand two hundred pounds of dangerous waste at any time. They are limited to the generation of, and accumulation of, less than two and two-tenths pounds of acutely hazardous waste or toxic extremely hazardous waste.

56.    “Minimally necessary” shall mean the amount or extent needed to carry out a particular task, and no more.

57.    “Minimizing impacts to wetlands or buffers” means:

a.    Using appropriate and best management practices to stop sedimentation, runoff and other impacts to the wetland;

b.    Taking affirmative steps to avoid or reduce impacts;

c.    Sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers;

d.    Providing protective measures such as physical barriers or scheduling the activity to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities;

e.    Not jeopardizing the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the federal government or the state of Washington; and

f.    Limiting the activity to certain times of the year.

58.    “Mitigation” means to make an impact less severe by either modifying the activity or replacing what is lost.

59.    “Moderate intensity land use” means land uses which are associated with moderate levels of human disturbance or substantial habitat impacts, including, but not limited to: low density residential (no more than one home per five acres), active recreation, and moderate agricultural land uses.

60.    “Native,” when referring to plants or plant communities, means those species or communities that are indigenous to the watershed, including extirpated species.

61.    “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

62.    “No net loss of functions activity” shall result in no net loss of functions provided by the critical areas. The beneficial functions provided by critical areas include, but are not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation of flood waters; ground water recharge and discharge; erosion control; and wave attenuation. These beneficial functions are not listed in order of priority. This chapter is also intended to protect residents from hazards and minimize risk of injury or property damage.

63.    “Normal water year” means a twelve-month period (October 1st through September 30th) with average precipitation based upon data from the past fifty years.

64.    “Nuisance vegetation” means noxious weeds such as Tansy Ragwort, purple loosestrife, Eurasian milfoil, nonnative blackberries, or other plants listed as noxious by Clark County Code 7.14.070; or any plant which when established is highly destructive, competitive or difficult to control by manual, mechanical or chemical practices.

65.    “Obligate,” “facultative wet,” and “facultative” refer to groupings of plants according to their frequency of occurrence in wetlands. Obligate wetland plants almost always (ninety-nine percent probability) occur in wetlands under natural conditions. Facultative wet plants usually (sixty-seven percent to ninety-nine percent probability) occur in wetlands. Facultative plants are equally likely (thirty-four percent to sixty-six percent probability) to occur in wetlands or nonwetlands. Such groupings are more fully defined in the Wetlands Delineation Manual.

66.    “Open water,” when not specifically defined by the rating criteria, means a proportion of open water to vegetative cover equal to twenty-five percent to seventy-five percent of the total wetland area during a majority of a normal water year.

67.    “Ordinary high water mark” shall mean that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and unusual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existing on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the city or state agency; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean high water.

68.    “Priority habitat and species (PHS)” shall mean the official definitions and all area classifications by that name used by the Washington Department of Fish and Wildlife (DFW). Known local categories of priority habitat as defined by DFW include riparian habitat, oak woodlands, old growth/mature forest, urban natural open space, snags and talus rock. Priority species sites include all areas within a three-hundred-foot buffer and state listed endangered, threatened, sensitive or candidate habitat. Battle Ground shall defer to the DFW in regards to classification, mapping and interpretation of PHS.

69.    “Qualified groundwater professional” means a hydrogeologist, geologist, engineer, or other scientist licensed in the state of Washington who meets all the following criteria:

a.    Has received a baccalaureate or post-graduate degree in the natural sciences or engineering; and

b.    Has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, profession certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater vulnerability.

70.    “Recreational vehicle” means a vehicle:

a.    Built on a single chassis;

b.    Four hundred square feet or less when measured at the largest horizontal projection;

c.    Designed to be self-propelled or permanently towable by a light duty truck; and

d.    Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

71.    “Restoration” means the activities undertaken to reestablish the natural structure or function of habitat area or portion thereof, such as replanting of adequate and appropriate vegetation, soil amendment, or reconstruction of stream banks.

72.    “Riparian corridor” means a defined area located along riparian areas.

73.    “Riparian zone” or “corridor” means areas encompassing riparian priority habitat, a subset of priority habitat and as defined by the Washington Department of Fish and Wildlife (DFW), extending outward from the ordinary high water mark of waters to the one-hundred-year floodplain or the following distances if greater. Definitions of the Type 1 through 5 waters are found in WAC 222-16-030.

a.    DNR Type 1 and 2 waters, two hundred fifty feet;

b.    DNR Type 3 waters, two hundred feet;

c.    DNR Type 4 and 5 waters, one hundred fifty feet.

Erosion gullies or rills and streams which are man-made, less than six inches wide or not having a defined bed and/or bank are not included.

74.    “Scrub-shrub wetland” means a wetland with at least thirty percent of its surface area covered by woody vegetation less than twenty feet in height as the uppermost strata.

75.    “Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced soil liquefaction, ground-shaking amplification, slope failure, settlement, or surface faulting. Relative seismic hazard is mapped on Plates 1 and 2 of the report Relative Earthquake Hazard Map of the Vancouver, Washington, Urban Area, published by the Washington Department of Natural Resources.

76.    Reserved.

77.    “Slope” means an inclined ground surface, the inclination of which is expressed as a percent ratio of vertical distance to horizontal distance (v/h).

78.    “Snags” means dead, dying or defective trees serving as an important structural element of wildlife habitat.

79.    “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction waste, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials that are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes, but is not limited to, sludge from wastewater treatment plants and seepage, septic tanks, wood waste, dangerous waste, and problem wastes.

80.    “Start of construction” means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

81.    “Steep slope hazard area” means an area where there is not a mapped or designated landslide hazard, but there are steep slopes equal to or greater than forty percent slope. Steep slopes that are less than ten feet in vertical height and not part of a larger steep slope system, and steep slopes created through previous legal grading activity, are not regulated steep slope hazard areas. The presence of steep slope suggests that slope stability problems are possible.

82.    “Stream bank stabilization” means those approved bioengineered projects. The projects can include both passive and active types of methods for stabilizing the stream bank.

83.    “Streams” means those areas where surface waters produce a defined channel or bed excluding streams and lakes regulated under the state Shorelines Management Act.

84.    “Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

85.    “Subject property” means the entire lot or parcel, or contiguous combination thereof, on which a development activity is proposed.

86.    “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

87.    “Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

a.    Before the improvement or repair is started; or

b.    If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or any other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term can exclude:

a.    Any project for improvement of a structure to correct precited existing violations of state or local health, sanitary or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

b.    Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

88.    “Surface mining operations” means mining of rock, stone, gravel, sand, earth and minerals.

89.    “Triggering application” means an application for one of the permits or approvals listed in BGMC 18.260.060.

90.    “Underground storage tank” or “UST” means:

a.    An underground storage tank and connected underground piping as defined in the rules adopted under Chapter 90.76 RCW; or means any one or combination of tanks (including underground pipes connected thereto) that are used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is ten percent or more beneath the surface of the ground. This term does not include any of the exempt UST systems specified in WAC 173-360-110(2), or any piping connected thereto.

b.    Exemptions. The following UST systems, including any piping connected thereto, are exempt from the requirements of this chapter:

i.    Any UST system holding hazardous wastes subject to Subtitle C of the Federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;

ii.    Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 307(b) or 402 of the Clean Water Act;

iii.    Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

iv.    Any UST system whose capacity is one hundred ten gallons or less;

v.    Any UST system that contains a de minimis concentration of regulated substances;

vi.    Any emergency spill or overflow containment UST system that is expeditiously emptied after use;

vii.    Farm or residential UST systems of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes (i.e., not for resale);

viii.    UST systems used for storing heating oil for consumptive use on the premises where stored; except that such systems which store in excess of one thousand one hundred gallons are subject to the release reporting requirements of WAC 173-360-372;

ix.    Septic tanks;

x.    Any pipeline facility (including gathering lines) regulated under:

A.    The Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671, et seq.); or

B.    The Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App. 2001, et seq.); or

C.    Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in the definition of “underground storage tank” listed above;

xi.    Surface impoundments, pits, ponds, or lagoons;

xii.    Storm water or wastewater collection systems;

xiii.    Flow-through process tanks;

xiv.    Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; or

xv.    Storage tanks situated in an underground area (such as a basement, cellar, vault, mine working drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.

91.    “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Any variance applied for in this chapter must meet the requirements and go through the variance process as described in Chapter 17.149 BGMC.

92.    “Vegetation” means any and all plant life.

93.    “Water-dependent” means a use or a portion of a use that requires direct contact with the water and cannot exist at a nonwater location due to the intrinsic nature of its operations.

94.    “Watershed” means an area draining to a single surface water system as shown on the city of Battle Ground wetland watershed map adopted by reference.

95.    “Wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

96.    “Wetland classes and subclasses” means descriptive classes of the wetlands taxonomic classification system of the United States Fish and Wildlife Service (Cowardin, et al., 1978).

97.    “Wetlands Delineation Manual” means the approved Federal Wetland Delineation Manual and applicable regional supplements. (Ord. 16-24 § 1 (part), 2016; Ord. 12-06 § 1, 2012: Ord. 06-16 § 5, 2006; Ord. 04-025 § 3 (part), 2004)


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More information on commercial and residential use of chemicals can be found in Department of Ecology “Guidance Document for Establishment of Critical Aquifer Recharge Areas Ordinances” Version 3.0, Publication #97-30; and from the State Department of Agriculture, http://www.wa.gov/agr/.